Senate Bill S7603

                                 
BILL NUMBER: S7603

SPONSOR: HELMING
 
TITLE OF BILL:

An act in relation to authorizing and directing the commissioner of
transportation to conduct a study on the feasibility of removing all
existing 3-cable guide rails on New York roadways; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

Authorizes the Department of Transportation to study the feasibility of
removing all existing 3-cable guide rails on New York Roadways for the
purpose of modernizing safety technology and ensuring roadway users are
not at undue risk of bodily injury.

 
SUMMARY OF PROVISIONS:

Section 1: Authorizes the commissioner of transportation to conduct a
study on the feasibility of removing all existing 3-cable guide rails on
New York roadways and replacing such guide rails with safer modern
              

alternatives.

Section 2: Provides that the commissioner may consult with any federal,
state, or local entity relevant and material to the completion of such
study.

Section 3: Directs that within one year of the effective date, the
commissioner shall prepare and submit a report to the governor and
legislature, including recommendations for legislative or other actions
that can be undertaken as a result of such study.

Section 4: effective date.

 
JUSTIFICATION:

On August 4th, 2021, Steve LaCrosse, a constituent of the 54th Senate
District, was involved in a fatal motorcycle crash on State Route 30 in
the Town of Long Lake in the Adirondacks. On a beautifully sunny day, he
was northbound at 4:00 pm when his KTM 1290 Adventure Motorcycle rounded
a curve and moved to the right, crossing the fog line for an undeter-
mined reason (oncoming passing traffic, wildlife, or some distraction).
The bike then struck the right-side cable guide rail, causing a bike
attachment to become entangled in the top cable.

As a result, he could not steer back onto the highway, and the motorcy-
cle traveled approximately 100 feet along the cable guide rail as the
top cable continued to hold the bike in tight by his attachment,
partially severing Steve's right leg. Unable to free himself from the
cable guide rail, Steve eventually struck an upright green state reflec-
tor post positioned directly in line with the cable guide rail, tearing
his helmet off and killing him instantly.

Steve's tragic death is attributable, in part, to a mechanism that is
supposed to provide additional safety to motorists. The three-cable
guide rail that entangled a component of Steve's motorcycle prevented
him from making necessary corrections that may have saved his life.
Three-cable rails were designed in the 1950s to catch motor vehicles and
prevent them from careening off roadways. However, it is clear that this
design fails to ensure the safety of motorcyclists. In fact, many riders
have nicknamed three rail guide cables "meat grinders" due to their
impact on those who come into contact with one in an accident. Had a
modern guide rail been in place for Steve, an experienced rider, he may
very well have survived the crash.

This legislation requires the Department of Transportation to conduct a
comprehensive study in pursuit of a plan to install adequate modern
alternatives to address the safety concerns presented by the use of
three-cable guide rails on New York roadways. In Steve's memory, and to
help prevent similar motorcycle crashes, this legislation provides a
pathway for removing unsafe guide rail systems. All motorists deserve
the peace of mind that the safety elements in place on New York roads
are there solely for user protection, without the risk of design flaws
leading to bodily harm.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.