senate Bill S6623B

Signed By Governor
2013-2014 Legislative Session

Regulates the length of car carriers and tow trucks

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 11, 2014 signed chap.303
Aug 01, 2014 delivered to governor
Jun 18, 2014 returned to senate
passed assembly
ordered to third reading rules cal.392
substituted for a7717c
Jun 17, 2014 referred to transportation
delivered to assembly
passed senate
Jun 11, 2014 amended on third reading (t) 6623b
May 14, 2014 amended on third reading 6623a
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.515
Feb 19, 2014 referred to transportation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S6623 - Bill Details

See Assembly Version of this Bill:
A7717C
Law Section:
Vehicle and Traffic Law
Laws Affected:
Ren §105-a to be §105-b, §160 to be §161, add §§105-a & 160, amd §§127 & 385, V & T L

S6623 - Bill Texts

view summary

Regulates the length of car carriers and tow trucks.

view sponsor memo
BILL NUMBER:S6623

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the length of car carriers

SUMMARY OF PROVISIONS:

Section 1 defines a "car carrier" as a truck that is designed to carry
one to three motor vehicles and tow and additional motor vehicle and
to provide that a car carrier that is engaged in commercial towing may
also be referred to a tow truck and must be registered as a tow truck.

Section 1. Adds a new section, § 105-a, of the vehicle and traffic law
to define a "car carrier."

Section 2 amends section 127 of the vehicle and traffic law to define
"overhang" to include that portion of a transported motor vehicle that
extends beyond the rear bumper of a car carrier.

Section 3 amends section 385 (3) of the vehicle and traffic law to
allow for three feet of overhang to extend beyond the rear bumper of a
car carrier.

Section 4 provides that the act shall take effect on the 30th day
after it shall have become a law.

JUSTIFICATION:

Car carriers that are designed to carry two motor vehicles on a deck
or flatbed (a three or four car car carrier) are more than thirty nine
feet in length unloaded. When loaded, the rearmost vehicle usually
extends beyond the rear bumper of the car carrier by approximately
three feet, which exceeds the forty-foot "bumper to bumper" limit that
is permitted under New York law. As a result, these vehicles cannot be
utilized to their fullest capacity in New York, thereby reducing the
efficiencies that were contemplated when they were designed. This
underutilization, in turn, results in greater fuel consumption and
increased traffic on our highways. It should also be noted that
hundreds of these car carriers were brought into New York State to
remove cars that were damaged during Super Storm Sandy. Accordingly,
this bill seeks to allow these vehicles to operate legally in New
York.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATION OF THE STATE:

None.

EFFECTIVE DATE:

Thirty days after enactment


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

                                  6623

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- 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  length
  of car carriers

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

  Section 1. Section 105-a of the vehicle and traffic law is  renumbered
section 105-b and a new section 105-a is added to read as follows:
  S  105-A.  CAR CARRIER. A TRUCK THAT IS DESIGNED TO TOW AND CARRY TWO,
THREE OR FOUR MOTOR VEHICLES. A TWO CAR CARRIER IS  DESIGNED  TO  TOW  A
MOTOR  VEHICLE  AND CARRY A MOTOR VEHICLE ON A STEEL OR ALUMINUM DECK. A
THREE CAR CARRIER IS DESIGNED TO TOW A MOTOR VEHICLE AND CARRY TWO MOTOR
VEHICLES ON A STEEL OR ALUMINUM DECK AND A FOUR CAR CARRIER IS  DESIGNED
TO  TOW A MOTOR VEHICLE, CARRY TWO MOTOR VEHICLES ON A STEEL OR ALUMINUM
DECK AND A THIRD MOTOR VEHICLE ON A DECK ABOVE THE CAB OF THE  TRUCK.  A
CAR CARRIER THAT IS ENGAGED IN COMMERCIAL TOWING MAY ALSO BE REFERRED TO
AS A TOW TRUCK AND MUST BE REGISTERED AS A TOW TRUCK.
  S 2. Section 127 of the vehicle and traffic law, as amended by chapter
26 of the laws of 2002, is amended to read as follows:
  S 127. Overhang.  That  portion of a transported vehicle or boat which
extends beyond the front or rear bumper of an automobile transporter  or
stinger-steered  automobile  transporter or boat transporter or stinger-
steered boat transporter, OR THAT PORTION OF A TRANSPORTED VEHICLE  THAT
EXTENDS BEYOND THE REAR BUMPER OF A CAR CARRIER.
  S  3. Paragraph (a) of subdivision 3 of section 385 of the vehicle and
traffic law, as amended by chapter 173 of the laws of 1990,  is  amended
to read as follows:
  (a)  The  length  of  a single vehicle, inclusive of load and bumpers,
shall be not more than forty feet  unless  otherwise  provided  in  this
subdivision, EXCEPT THAT A CAR CARRIER MAY HAVE AN OVERHANG THAT EXTENDS
BEYOND THE REAR BUMPER OF SUCH CAR CARRIER BY NOT MORE THAN THREE FEET.
  S  4.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14065-01-4

S6623A - Bill Details

See Assembly Version of this Bill:
A7717C
Law Section:
Vehicle and Traffic Law
Laws Affected:
Ren §105-a to be §105-b, §160 to be §161, add §§105-a & 160, amd §§127 & 385, V & T L

S6623A - Bill Texts

view summary

Regulates the length of car carriers and tow trucks.

view sponsor memo
BILL NUMBER:S6623A

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to the length of car carriers

PURPOSE:

To allow for three feet of "overhang," which is defined to include that
portion of a transported vehicle that extends beyond the rear bumper of
a car carrier and to provide that a wheel lift shall not be included as
part of the length of a tow truck or car carrier when engaged in the
towing of another vehicle.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section, § 105-a, of the vehicle and traffic law
to define a "car carrier."

Section 2. Amends section 127 of the vehicle and traffic law to define
"overhang" to include that portion of a transported motor vehicle that
extends beyond the rear bumper of a car carrier.

Section 3. Adds a new section 160 to define a"wheel lift."

Section 4. Adds a new subdivision (g) of section 385 (3) of the vehicle
and traffic law to allow for three feet of overhang on a car carrier and
to provide that a wheel lift or other such device shall not be included
as part of the length of a tow truck or car carrier when engaged in the
towing of another vehicle.

Section 5. Provides that the act shall take effect immediately.

JUSTIFICATION:

Many car carriers are more than thirty nine feet in length unloaded.
When loaded, the rearmost vehicle usually extends beyond the rear bumper
of the car carrier by approximately three feet, which exceeds the
forty-foot "bumper to bumper" limit that is permitted under New York
law. As a result, these vehicles cannot be utilized to their fullest
capacity in New York, thereby reducing the efficiencies that were
contemplated when they were designed. This underutilization, in turn,
results in greater fuel consumption and increased traffic on our high-
ways. It should also be noted that hundreds of these car carriers were
brought into New York State to remove cars that were damaged during
Super Storm Sandy. Accordingly, this bill seeks to allow these vehicles
to operate legally in New York.

Also, many tow trucks and car carriers are designed to be just shy of 4o
feet in length (measured with a fully retracted wheel lift) because it
is unsafe to tow a heavy load with a vehicle with a shorter wheel base.
In this regard, a tow truck is not unlike a teeter totter with the rear
wheels acting as the fulcrum. A heavy load (i.e., a tractor, cement

truck, etc) that is positioned 10 to 15 feet behind the rear wheels can
actually lift the front wheels of a tow truck with a short wheel base
off the ground. Recently, some police agencies have interpreted the law
to require a car carrier or tow truck to remain under the 40 foot length
with a wheel lift that is extended. Such an interpretation, which is out
of sync with the rest of the country, would render many car carriers,
all heavy duty tow trucks and some medium duty tow trucks illegal while
towing another vehicle. More importantly, it would also make it impossi-
ble to safely tow a heavy load.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6623--A
    Cal. No. 515

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the vehicle and traffic law, in relation to  the  length
  of car carriers

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

  Section 1. Section 105-a of the vehicle and traffic law is  renumbered
section 105-b and a new section 105-a is added to read as follows:
  S  105-A. CAR CARRIER.  A TRUCK THAT IS DESIGNED TO CARRY ONE TO THREE
MOTOR VEHICLES ON A FLAT PLATFORM THAT SLIDES OR TILTS TO THE GROUND  TO
FACILITATE  LOADING  AND  UNLOADING OF SUCH MOTOR VEHICLES AND TO TOW AN
ADDITIONAL MOTOR VEHICLE BEHIND IT BY THE USE OF A WHEEL LIFE  OR  OTHER
SUCH DEVICE. A CAR CARRIER THAT IS ENGAGED IN COMMERCIAL TOWING MAY ALSO
BE REFERRED TO AS "TOW TRUCK" AND MUST BE REGISTERED AS A TOW TRUCK.
  S 2. Section 127 of the vehicle and traffic law, as amended by chapter
26 of the laws of 2002, is amended to read as follows:
  S 127. Overhang.  That  portion of a transported vehicle or boat which
extends beyond the front or rear bumper of an automobile transporter  or
stinger-steered  automobile  transporter or boat transporter or stinger-
steered boat transporter, OR THAT PORTION OF A TRANSPORTED VEHICLE  THAT
EXTENDS BEYOND THE REAR BUMPER OF A CAR CARRIER.
  S  3. Section 160 of the vehicle and traffic law is renumbered 161 and
a new section 160 is added to read as follows:
  S 160. WHEEL LIFT. ANY DEVICE THAT MAY BE  EXTENDED  BEYOND  THE  REAR
BUMPER  OF  A TOW TRUCK OR CAR CARRIER FOR THE PURPOSE OF TOWING ANOTHER
VEHICLE. SUCH TERM MAY ALSO BE REFERRED TO AS AN "UNDER LIFT".
  S 4. Paragraph (g) of subdivision 3 of section 385 of the vehicle  and
traffic law is relettered paragraph (h) and a new paragraph (g) is added
to read as follows:
  (G)  THE  LENGTH  OF A TOW TRUCK OR CAR CARRIER, INCLUSIVE OF LOAD AND
BUMPERS, SHALL NOT BE MORE THAN FORTY FEET, EXCEPT THAT  A  CAR  CARRIER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14065-02-4

S. 6623--A                          2

MAY  HAVE  AN  OVERHANG  THAT EXTENDS BEYOND THE REAR BUMPER OF SUCH CAR
CARRIER BY NOT MORE THAN THREE FEET AND  A  WHEEL  LIFT  OR  OTHER  SUCH
DEVICE THAT IS USED TO TOW A MOTOR VEHICLE SHALL NOT BE INCLUDED AS PART
OF  THE  LENGTH  OF A TOW TRUCK OR CAR CARRIER WHEN IT IS ENGAGED IN THE
TOWING OF ANOTHER VEHICLE.
  S 5. This act shall take effect immediately.

S6623B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7717C
Law Section:
Vehicle and Traffic Law
Laws Affected:
Ren §105-a to be §105-b, §160 to be §161, add §§105-a & 160, amd §§127 & 385, V & T L

S6623B (ACTIVE) - Bill Texts

view summary

Regulates the length of car carriers and tow trucks.

view sponsor memo
BILL NUMBER:S6623B

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the length of car carriers and tow trucks

PURPOSE:

To allow for three feet of "overhang," which is defined to include
that portion of a transported vehicle that extends beyond the rear
bumper of a car carrier and to provide that a wheel lift shall not be
included as part of the length of a tow truck or car carrier when
engaged in the towing of another vehicle.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section, § 105-a, of the vehicle and traffic law
to define a "car carrier."

Section 2. Amends section 127 of the vehicle and traffic law to define
"overhang" to include that portion of a transported motor vehicle that
extends beyond the rear bumper of a car carrier.

Section 3. Adds a new section 160 to define a "wheel lift."

Section 4. Adds a new subdivision (g) of section 385 (3) of the
vehicle and traffic law to allow for three feet of overhang on a car
carrier and to provide that a wheel lift or other such device shall
not be included as part of the length of a tow truck or car carrier
when engaged in the towing of another vehicle.

Section 5. Provides that the act shall take effect immediately.

JUSTIFICATION:

Many car carriers are more than thirty nine feet in length unloaded.
When loaded, the rearmost vehicle usually extends beyond the rear
bumper of the car carrier by approximately three feet, which exceeds
the forty-foot "bumper to bumper" limit that is permitted under New
York law. As a result, these vehicles cannot be utilized to their
fullest capacity in New York, thereby reducing the efficiencies that
were contemplated when they were designed. This underutilization, in
turn, results in greater fuel consumption and increased traffic on our
highways. It should also be noted that hundreds of these car carriers
were brought into New York State to remove cars that were damaged
during Super Storm Sandy. Accordingly, this bill seeks to allow these
vehicles to operate legally in New York.

Also, many tow trucks and car carriers are designed to be just shy of
40 feet in length (measured with a fully retracted wheel lift) because
it is unsafe to tow a heavy load with a vehicle with a shorter wheel
base. In this regard, a tow truck is not unlike a teeter totter with
the rear wheels acting as the fulcrum. A heavy load (i.e., a tractor,
cement truck, etc.) that is positioned 10 to 15 feet behind the rear
wheels can actually lift the front wheels of a tow truck with a short
wheel base off the ground. Recently, some police agencies have
interpreted the law to require a car carrier or tow truck to remain
under the 40 foot length with a wheel lift that is extended. Such an


interpretation, which is out of sync with the rest of the country,
would render many car carriers, all heavy duty tow trucks and some
medium duty tow trucks illegal while towing another vehicle. More
importantly, it would also make it impossible to safely tow a heavy
load.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6623--B
    Cal. No. 515

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- again amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT  to amend the vehicle and traffic law, in relation to the length
  of car carriers and tow trucks

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

  Section  1. Section 105-a of the vehicle and traffic law is renumbered
section 105-b and a new section 105-a is added to read as follows:
  S 105-A. CAR CARRIER. A TRUCK THAT IS DESIGNED TO CARRY ONE  TO  THREE
MOTOR  VEHICLES ON A FLAT PLATFORM THAT SLIDES OR TILTS TO THE GROUND TO
FACILITATE LOADING AND UNLOADING OF SUCH MOTOR VEHICLES AND  TO  TOW  AN
ADDITIONAL  MOTOR  VEHICLE BEHIND IT BY THE USE OF A WHEEL LIFT. FOR THE
PURPOSES OF THIS CHAPTER, WHENEVER SUCH CAR CARRIER TOWS  OR  CARRIES  A
DISABLED, ILLEGALLY PARKED OR ABANDONED MOTOR VEHICLE OR A MOTOR VEHICLE
INVOLVED  IN  AN  ACCIDENT, SUCH CAR CARRIER SHALL BE DEEMED TO BE A TOW
TRUCK AND SHALL COMPLY WITH ALL PROVISIONS  OF  THIS  CHAPTER,  AND  ANY
OTHER  LAW,  ORDINANCE,  ORDER,  RULE  AND REGULATION, APPLICABLE TO TOW
TRUCKS.
  S 2. Section 127 of the vehicle and traffic law, as amended by chapter
26 of the laws of 2002, is amended to read as follows:
  S 127. Overhang. That portion of a transported vehicle or  boat  which
extends  beyond the front or rear bumper of an automobile transporter or
stinger-steered automobile transporter or boat transporter  or  stinger-
steered  boat transporter, OR THAT PORTION OF A TRANSPORTED VEHICLE THAT
EXTENDS BEYOND THE REAR BUMPER OF A CAR CARRIER.
  S 3. Section 160 of the vehicle and traffic law is renumbered 161  and
a new section 160 is added to read as follows:
  S  160.  WHEEL  LIFT.  ANY DEVICE THAT MAY BE EXTENDED BEYOND THE REAR
BUMPER OF A TOW TRUCK OR CAR CARRIER FOR THE PURPOSE OF  TOWING  ANOTHER
VEHICLE. SUCH DEVICE MAY ALSO BE REFERRED TO AS AN "UNDER LIFT".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14065-03-4

S. 6623--B                          2

  S  4. Paragraph (g) of subdivision 3 of section 385 of the vehicle and
traffic law is relettered paragraph (h) and a new paragraph (g) is added
to read as follows:
  (G)  THE  LENGTH  OF A TOW TRUCK OR CAR CARRIER, INCLUSIVE OF LOAD AND
BUMPERS, SHALL BE NOT MORE THAN FORTY FEET, EXCEPT THAT  A  CAR  CARRIER
MAY  HAVE  AN  OVERHANG  THAT EXTENDS BEYOND THE REAR BUMPER OF SUCH CAR
CARRIER BY NOT MORE THAN THREE FEET AND EXCEPT, FURTHER,  THAT  A  WHEEL
LIFT  THAT  IS LESS THAN FIFTEEN FEET IN LENGTH SHALL NOT BE INCLUDED AS
PART OF THE LENGTH OF A TOW TRUCK OR CAR CARRIER WHEN SUCH WHEEL LIFT IS
IN USE BY SUCH TOW TRUCK OR CAR CARRIER TO TOW ANOTHER MOTOR VEHICLE.
  S 5. This act shall take effect immediately.

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