senate Bill S656

2013-2014 Legislative Session

Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without proper restraints

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S656 - Bill Details

See Assembly Version of this Bill:
A1434
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง380-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1622, A7614
2009-2010: S105B

S656 - Bill Texts

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Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without the use of a proper restraint mechanism, as approved by the commissioner of motor vehicles.

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BILL NUMBER:S656

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the transportation
of loose substances in open vehicles

PURPOSE OR GENERAL IDEA OF BILL:
To require commercial operators to use
safeguards, approved by the commissioner of transportation, that
would prevent loose substances from becoming dislodged or removed
during transport in an open vehicle and prevent substances from being
thrown by the vehicle's wheels during travel.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the vehicle and traffic law by requiring the use of a
mechanism, approved by the commissioner of transportation, by all
commercial operators transporting loose substances in an open vehicle.

The section also requires the use of tire guards that will prevent
objects from being thrown by the wheels of the vehicle during travel

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would amend the law to require the use of a tarp or like
device by all commercial operators transporting loose substances in
an open truck or trailer The present law requires the use of a tarp
only when open trucks or trailers transports loose substances on
public highways.

The bill would also remove a loophole that prevents the enforcement of
the statute when loose substances are arranged in a manner preventing
the substances from becoming dislodged or removed from the trailer
during transport.

Furthermore, the bill would create a section that would require the
use of tire guards to prevent objects from being thrown by the
vehicle's wheels during travel.

JUSTIFICATION:
On February 16, 2004, Credo Veira, a seventy-seven year old grandmother
living in Brooklyn, was killed when a rock crashed into her car from
a dump truck traveling on a bridge overhead While deaths such as Mrs.
Veria's are unusual, it does demonstrate the need for effective
precautions that would prevent debris from falling out of open
vehicles. Transporting loose substances usually results in small
amounts of debris falling to the road, but it can also involve large
objects
that can cause serious physical injury or death. In addition, a
driver's negligence in securing loose cargo can also cause varying
degrees of damages to personal property and dirty public roads.
Given the potential for harm to persons and property, it is necessary
to require all commercial operators of motor vehicles that transport
loose substances in open vehicles to use reasonable methods, as
determined by the commissioner of transportation, that will prevent
loose substances from becoming dislodged or removed from the truck
during transport. The current law must also be amended to prohibit


the transportation of loose substances that are arranged in a manner
that the operator believes would not allow those substances to fall
from or blowout of the open vehicle. This loophole endangers the
public by allowing loose substances to be transported in an open
vehicle without the protection of the necessary safeguards required
by this bill.

LEGISLATIVE HISTORY:
S.2496 of 2008
01/09/08 Referred to Transportation
S.105 of 2009
01/07/09 Referred to Transportation
02/04/09 Amend and Recommit to Transportation
02/04/09 Print Number 105A
02/25/09 Amend and Recommit to Transportation
02/25/09 Print Number 105B
01/06/10 Referred to Transportation
S.1622 of 2011
01/10/11 Referred to Transportation
01/04/12 Referred to Transportation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect one year after it becomes law.4

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   656

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  the  trans-
  portation of loose substances in open vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 380-a of the vehicle and traffic law, as  added  by
chapter  418 of the laws of 1975 and subdivision 1 as amended by chapter
369 of the laws of 1987, is amended to read as follows:
  S 380-a. Certain vehicles  engaged  in  the  transportation  of  loose
cargo.    1.  It shall be unlawful [to operate on any public highway any
open truck or trailer being utilized for the transportation of any loose
substances, unless said truck or trailer has a cover, tarpaulin or other
device of a type and  specification  approved  by  the  commissioner  of
transportation  which completely closes in the opening on the said truck
or trailer while said truck or trailer shall be so operated,  so  as  to
prevent  the  falling of any such substances therefrom.  However, if the
load is arranged so that no loose substance can fall from or blow out of
such truck, the covering is not necessary.] FOR A COMMERCIAL OPERATOR OF
A MOTOR VEHICLE TO TRANSPORT LOOSE SUBSTANCES IN AN OPEN VEHICLE WITHOUT
THE USE OF A MECHANISM, APPROVED BY THE COMMISSIONER OF  TRANSPORTATION,
TO PREVENT LOOSE SUBSTANCES FROM BECOMING DISLODGED OR REMOVED FROM SUCH
VEHICLE DURING TRANSPORT.
  2.  IT  SHALL BE UNLAWFUL FOR A COMMERCIAL OPERATOR OF A MOTOR VEHICLE
TO TRANSPORT LOOSE SUBSTANCES IN A VEHICLE WITHOUT  THE  USE  OF  SPLASH
GUARDS,  APPROVED  BY  THE  COMMISSIONER  OF  MOTOR VEHICLES, TO PREVENT
SUBSTANCES FROM BEING THROWN BY SUCH VEHICLE DURING TRAVEL.
  [2.] 3. The commissioner  of  transportation  is  authorized  to  make
necessary  rules  and regulations to carry into effect the provisions of
this section, applying such provisions to specific conditions and  loads

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01780-01-3

S. 656                              2

and   prescribing  means,  methods  and  practices  to  effectuate  such
provisions.
  [3.]  4. The provisions of this section shall not apply to motor vehi-
cles, trailers and semitrailers conveying "farm products" as defined  in
section two of the agriculture and markets law.
  S  2. This act shall take effect one year after it shall have become a
law.

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