senate Bill S6648

2013-2014 Legislative Session

Requires certain vehicles to be equipped with side under-ride guards

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 21, 2014 referred to transportation

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S6648 - Bill Details

See Assembly Version of this Bill:
A9415
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง375, V & T L

S6648 - Bill Texts

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Requires certain vehicles to be equipped with side under-ride guards.

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BILL NUMBER:S6648

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to requiring certain vehicles to be equipped with side
under-ride guards

PURPOSE OR GENERAL IDEA OF BILL:

Requires every truck, tractor, and tractor-trailer or semi-trailer
combination registered in New York which meets certain conditions to
be equipped with side under-ride guards while operating in New York
City on highways other than controlled-access highways.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Section 375 of the vehicle and traffic
law by adding a new subdivision 10-f. This subdivision mandates that
certain vehicles be equipped with side under-ride guards while in
operation on New York City highways, and directs the Commissioner of
the NYS Department of Motor Vehicles, in consultation with the
Commissioner of the NYS Department of Transportation, to promulgate
rules and regulations for the proper standards and specifications of
the side under-ride guards.

Section 2 of the bill states that the act will be repealed if any
federal agency or court determines that the act would render New York
State ineligible for the receipt of federal funds.

Section 3 of the bill is a severability clause.

Section 4 of the bill states that the bill shall take effect on the
one hundred eightieth day after it shall have become a law; provided,
however, that effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made and completed
on or before such effective date; and provided that the commissioner
of the department of transportation shall notify the legislative bill
drafting commission upon the occurrence of the provisions of section
two of this act in order that the commission may maintain an accurate
data base of the official text of the laws of the state of New York in
furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

JUSTIFICATION:

Accidents involving large vehicles like tractor-trailers are three
times as likely to result in the death of a pedestrian than accidents
only involving passenger vehicles. This bill would ensure that large
trucks driving on the streets of New York City are equipped with
features designed to protect the safety of pedestrians, cyclists, and
other vehicles.

This bill requires New York State-registered trucks, tractors, and
tractor-trailers weighing 26,000 pounds or more to be equipped with
side under-ride guards when operated in New York City. Such guards are
required in Japan and several European nations, and can greatly reduce


fatalities by keeping pedestrians, cyclists, and other vehicles from
sliding under the side of large trucks.

This bill is modeled after the legislation that was enacted in 2011
requiring the same classification of vehicles to have convex mirrors
installed when traversing the streets of New York City. There is a
provision stating that if this legislation jeopardizes the state's
eligibility for federal funds, it shall be repealed.

PRIOR LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after. it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date is authorized to be made and completed on or before
such effective date; and provided that the commissioner of the
department of transportation shall notify the legislative bill
drafting commission upon the occurrence of the provisions of section
two of this act in order that the commission may maintain an accurate
data base of the official text of the laws of the state of New York in
furtherance of effecting the provisions of section 44 of the
legislative law and section 70-b of the public officers law.

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

                                  6648

                            I N  S E N A T E

                            February 21, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- 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  requiring
  certain vehicles to be equipped with side under-ride guards

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

  Section 1. Section 375 of the vehicle and traffic law  is  amended  by
adding a new subdivision 10-f to read as follows:
  10-F.  EVERY TRUCK, TRACTOR, AND TRACTOR-TRAILER OR SEMITRAILER COMBI-
NATION REGISTERED IN THIS STATE HAVING A GROSS VEHICLE WEIGHT RATING  OF
TWENTY-SIX THOUSAND POUNDS OR MORE, AND A CONVENTIONAL CAB CONFIGURATION
IN  WHICH MORE THAN HALF OF THE ENGINE LENGTH IS FORWARD OF THE FOREMOST
POINT OF THE WINDSHIELD BASE AND  THE  STEERING  WHEEL  HUB  IS  IN  THE
FORWARD  QUARTER  OF THE VEHICLE LENGTH, WHENEVER OPERATED WITHIN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE ON HIGHWAYS OTHER THAN  CONT-
ROLLED-ACCESS  HIGHWAYS,  SHALL  BE EQUIPPED WITH SIDE UNDER-RIDE GUARDS
AFFIXED TO THE SIDES OF SUCH VEHICLES IN A MANNER CONSISTENT WITH  RULES
AND  REGULATIONS  THAT  SHALL  BE  PROMULGATED  BY  THE COMMISSIONER, IN
CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION.
  S 2. This act shall be deemed repealed if any federal  agency  or  any
court  of  competent jurisdiction finally determines that this act would
render New York state ineligible for the receipt of federal funds.
  S 3. Severability. If any clause,  sentence,  subdivision,  paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause, sentence, subdivision, paragraph, section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized to be made and completed on or before  such  effective  date;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14101-01-4

S. 6648                             2

and  provided  that the commissioner of the department of transportation
shall notify the legislative bill drafting commission  upon  the  occur-
rence  of  the  provisions  of section two of this act in order that the
commission  may  maintain  an accurate data base of the official text of
the laws of the state of  New  York  in  furtherance  of  effecting  the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

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