Senate Bill S1485

                                
 
BILL NUMBER: S1485

SPONSOR: HOYLMAN
 
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; and provid-
ing for the repeal of such provisions upon expiration thereof

 
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 Depart-
ment 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Section 2 of the bill states that the act will be repealed if any feder-
al 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, howev-
er, 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 depart-
ment 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:

Crashes involving large vehicles like tractor-trailers are three times
as likely to result in the death of a pedestrian than crashes 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 vehi-
cles.

This bill requires New York State-registered trucks, tractors, and trac-
tor-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:

S. 0272 of 2017-2018 (Hoylman): Died in Transportation

S.65 of 2015-2016(Hoylman): Died in Transportation

A.2502of2015-2016 (Rozic): Died in Transportation

S.6648of2014(Hoylman):Died in Transportation

A.9415of2014(Rozic): Died in Transportation

 
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 neces-
sary for the implementation of this act on its effective date is author-
ized 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 offi-
cers law.