S T A T E   O F   N E W   Y O R K
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                                    52
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred 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:
   § 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.
                                                            LBD02028-01-7

 A. 52                               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.
   §  2. This act shall take effect one year after it shall have become a
 law.