S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6412
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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
   trucks to utilize commercial GPS
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 379 to read as follows:
   §  379.  COMMERCIAL  GPS.  1.   AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COMMERCIAL GPS" IS A GLOBAL POSITIONING SYSTEM THAT  IS  DESIGNED
 FOR  USE  BY  A  COMMERCIAL VEHICLE WHICH IS ABLE TO PROVIDE AUDIBLE AND
 VISUAL WARNINGS WHEN SUCH COMMERCIAL VEHICLE IS ON  A  ROUTE  WHERE  THE
 HEIGHT, WEIGHT, WIDTH, OR LENGTH OF SUCH VEHICLE EXCEEDS THE LIMITATIONS
 OF SUCH ROUTE.
   (B)  "DAMAGE TO INFRASTRUCTURE" CAN MEAN ANY IMPACTS AND/OR COLLISIONS
 THAT CAUSE PHYSICAL OR COSMETIC DAMAGE TO A BRIDGE, OVERPASS, GUARDRAIL,
 OR OTHER PIECE OF PUBLIC OR PRIVATE INFRASTRUCTURE.
   2. (A) EVERY TRUCK OPERATING ON A PUBLIC HIGHWAY IN  THE  STATE  SHALL
 USE A COMMERCIAL GPS.
   (B)  SUCH COMMERCIAL GPS SHALL BE REGULARLY UPDATED TO ENSURE ACCURATE
 INFORMATION.
   3. IN ADDITION TO ANY OTHER APPLICABLE PENALTIES IMPOSED  PURSUANT  TO
 THIS CHAPTER:
   (A)  ANY  DRIVER  FOUND TO BE OPERATING A TRUCK ON A PUBLIC HIGHWAY IN
 THE STATE WITHOUT A COMMERCIAL GPS SHALL:
   (I) RECEIVE A VERBAL AND WRITTEN WARNING FOR A FIRST VIOLATION;
   (II) BE SUBJECT TO A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS FOR
 A SECOND VIOLATION; AND
   (III) BE SUBJECT TO A CIVIL FINE OF UP TO FIVE HUNDRED DOLLARS  FOR  A
 THIRD AND EACH SUBSEQUENT VIOLATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10476-01-3
              

 S. 6412                             2
 
   (B)  ANY  DRIVER  FOUND TO BE OPERATING A TRUCK ON A PUBLIC HIGHWAY IN
 THE STATE WITHOUT A COMMERCIAL GPS AND WHO CAUSES DAMAGE TO  INFRASTRUC-
 TURE SHALL BE SUBJECT TO:
   (I)  A  CIVIL  FINE  OF  UP TO TWO THOUSAND FIVE HUNDRED DOLLARS FOR A
 FIRST VIOLATION;
   (II) A CIVIL FINE  OF  UP  TO  FIVE  THOUSAND  DOLLARS  FOR  A  SECOND
 VIOLATION; AND
   (III)  BE  SUBJECT TO A CIVIL FINE OF UP TO TEN THOUSAND DOLLARS FOR A
 THIRD AND EACH SUBSEQUENT VIOLATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that this  act  shall  be
 deemed  repealed  if  any federal agency determines in writing that this
 act would render New York state ineligible for the  receipt  of  federal
 funds  or  any  court  of competent jurisdiction finally determines that
 this act would render New York state out of compliance with federal  law
 or  regulation;  provided, further, that the commissioner of transporta-
 tion shall notify the legislative  bill  drafting  commission  upon  the
 occurrence  of  the provisions of this section in order that the commis-
 sion may maintain an accurate and timely  effective  data  base  of  the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section  70-b  of  the  public  officers law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.