S T A T E O F N E W Y O R K
________________________________________________________________________
184--A
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- recom-
mitted to the Committee on Transportation in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the transportation law and the public authorities law,
in relation to the study and examination of the state's roadways and
the thruway in reducing certain motor vehicle risks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 14 of the transportation law is amended by adding
a new subdivision 36 to read as follows:
36. TO STUDY AND EXAMINE THE PERFORMANCE OF THE STATE'S ROADWAYS IN
REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND OVER-
TURNING, OR COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTORIZED OR
NON-MOTORIZED VEHICLES OR PEDESTRIANS, OR LEAVING THE ROADWAY. SUCH
STUDY AND EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, SEGMENTS OF
THE STATE'S ROADWAYS WITH A HIGH NUMBER OF FATAL CRASHES, AND SEGMENTS
OF ROADWAY WITH HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS,
CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE COMMISSIONER SHALL SUBMIT
A REPORT ON LANE DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE,
BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND SEVENTEEN AND
ANNUALLY THEREAFTER, TO THE GOVERNOR AND THE LEGISLATURE WHICH REPORT
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER AND TYPE OF
TRAVEL LANE DEPARTURE CRASHES ON THE STATE'S ROADWAYS INCLUDING, BUT NOT
LIMITED TO, FIXED OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND SIDESWIPE
CRASHES, ROADWAY DEPARTURES, AND THOSE INVOLVING NON-MOTORIZED VEHICLES
AND PEDESTRIANS; (B) THE EXTENT TO WHICH THE DEPARTMENT HAS ANALYZED
CRASH DATA AND IDENTIFIED AND CONSIDERED THE SAFETY NEEDS OF THE STATE'S
ROADWAYS INCLUDING BUT NOT LIMITED TO HIGH-FATALITY SEGMENTS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01694-02-6
S. 184--A 2
SEGMENTS WITH HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS,
CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER; AND (C) THE MEASURES AND
STRATEGIES THAT THE DEPARTMENT HAS UNDERTAKEN, OR PLANS TO UNDERTAKE, TO
IMPROVE ROADWAY PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL
LANE DEPARTURES AND CRASHES. NO PROVISION OF THIS SUBDIVISION SHALL BE
DEEMED TO CONFLICT WITH OR SUPERSEDE THE EVIDENTIARY AND DISCOVERY
PROTECTIONS AND RIGHTS AS PROVIDED FOR IN FEDERAL OR STATE LAW. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES,
LISTS, OR DATA COMPILED OR COLLECTED FOR THE PURPOSE OF IDENTIFYING,
EVALUATING, OR PLANNING THE SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT
SITES, HAZARDOUS ROADWAY CONDITIONS, OR RAILWAY-HIGHWAY CROSSINGS,
PURSUANT TO FEDERAL OR STATE LAW OR FOR THE PURPOSE OF DEVELOPING ANY
HIGHWAY SAFETY CONSTRUCTION IMPROVEMENT PROJECT SHALL NOT BE SUBJECT TO
DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEED-
ING OR CONSIDERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES ARISING
FROM ANY OCCURRENCE AT A LOCATION MENTIONED OR ADDRESSED IN SUCH
REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA.
S 2. Section 361 of the public authorities law is amended by adding a
new subdivision 3 to read as follows:
3. THE AUTHORITY SHALL STUDY AND EXAMINE THE PERFORMANCE OF THE THRU-
WAY IN REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND
OVERTURNING, OR COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTOR-
IZED OR NON-MOTORIZED VEHICLES OR PEDESTRIANS, OR LEAVING THE THRUWAY.
SUCH STUDY AND EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
SEGMENTS OF THE THRUWAY WITH A HIGH NUMBER OF FATAL CRASHES, AND
SEGMENTS WITH HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS,
CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE AUTHORITY SHALL SUBMIT A
REPORT ON LANE DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE,
BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO THOUSAND SEVENTEEN AND
ANNUALLY THEREAFTER, TO THE GOVERNOR AND THE LEGISLATURE WHICH REPORT
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER AND TYPE OF
TRAVEL LANE DEPARTURE CRASHES ON THE THRUWAY INCLUDING, BUT NOT LIMITED
TO, FIXED OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND SIDESWIPE CRASHES,
ROADWAY DEPARTURES, AND THOSE INVOLVING NON-MOTORIZED VEHICLES AND
PEDESTRIANS; (B) THE EXTENT TO WHICH THE AUTHORITY HAS ANALYZED CRASH
DATA AND IDENTIFIED AND CONSIDERED THE SAFETY NEEDS OF THE THRUWAY
INCLUDING BUT NOT LIMITED TO HIGH-FATALITY SEGMENTS AND SEGMENTS WITH
HAZARDOUS FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS, CLIFFS, DROP-OFFS
OR DEEP BODIES OF WATER; AND (C) THE MEASURES AND STRATEGIES THAT THE
AUTHORITY HAS UNDERTAKEN, OR PLANS TO UNDERTAKE, TO IMPROVE THRUWAY
PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL LANE DEPARTURES
AND CRASHES. NO PROVISION OF THIS SUBDIVISION SHALL BE DEEMED TO
CONFLICT WITH OR SUPERSEDE THE EVIDENTIARY AND DISCOVERY PROTECTIONS AND
RIGHTS AS PROVIDED FOR IN FEDERAL OR STATE LAW. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA
COMPILED OR COLLECTED FOR THE PURPOSE OF IDENTIFYING, EVALUATING, OR
PLANNING THE SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT SITES, HAZARDOUS
ROADWAY CONDITIONS, OR RAILWAY-HIGHWAY CROSSINGS, PURSUANT TO FEDERAL OR
STATE LAW OR FOR THE PURPOSE OF DEVELOPING ANY HIGHWAY SAFETY
CONSTRUCTION IMPROVEMENT PROJECT SHALL NOT BE SUBJECT TO DISCOVERY OR
ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSID-
ERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES ARISING FROM ANY
OCCURRENCE AT A LOCATION MENTIONED OR ADDRESSED IN SUCH REPORTS,
SURVEYS, SCHEDULES, LISTS, OR DATA.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.