NY State Senate Bill 2023-S7979

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2024	referred to transportation

2023-S7979 (ACTIVE) - Details

See Assembly Version of this Bill:: A9799
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

2023-S7979 (ACTIVE) - Summary

Sets certain requirements for side under-ride guards for state fleet vehicles.

2023-S7979 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7979

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to certain
requirements for side under-ride guards

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that trucks in the state fleet have side under-ride guards
installed and to require that large commercial trucks have side under-
ride guards installed when driving in New York City.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 375 of vehicle and traffic law by adding a new
subdivision 10-f which requires vehicles weighing 26,000 pounds or more
to have side under-ride guards installed when driving in cities with a
population of one million people or more within 24 months of the effec-
tive date.

Section 2 amends Section 375 of vehicle and traffic law by adding a new
subdivision 55 which requires vehicles weighing 10,000 pounds or more in
the state fleet to have side under-ride guards installed within 24
months of the effective date. This new subdivision also provides the
commissioner with the authority to grant exemptions to this requirement
and promulgate rules related to side guard specifications and
inspections.

 
JUSTIFICATION:

Side under-ride guards are a simple, cost effective safety measure to
protect pedestrians, cyclists, and passenger vehicle occupants in colli-
sions with the side of a large truck. Researchers at the Federal Depart-
ment of Transportation found that side under-ride guards have the poten-
tial to save the lives of 52 cyclists and pedestrians each year. The UK,
which has had a national side guard requirement since the 1980s, experi-
enced a 61 percent decrease in fatalities in cyclist collisions with the
side of a truck and a 20 percent decrease in fatalities in pedestrian
collisions with the side of a truck, according to a joint report by
Volpe and the NYC DCAS. An examination of crashes between passenger
vehicles and the side of a truck in the Large Truck Crash Causation
Study (LTCCS) found that side under-ride guards would have reduced the
severity of three quarters of crashes in the study that resulted in
serious injuries or fatalities.

While federal standards and requirements exist for rear under-ride
guards, the NHTSA has been unwilling to extend these requirements to the
sides of large trucks. Cities and states have stepped in, recognizing
the need for side under-ride guards to protect communities. Boston,
Washington D.C., and New York City have all implemented side guard
requirements on their municipal fleets. NYC passed this local law in
2021, and thus far, there has been strong compliance across the city
fleet. This legislation utilizes a similar timeline and similar side
guard specifications for the state fleet, building upon the strong,
well-implemented program in NYC and following in the footsteps of Massa-
chusetts, which recently implemented a side guard mandate for its state
fleet. Additionally, this legislation requires side guards for vehicles
weighing 26,000 pounds or more that drive through NYC, modeled off
convex mirror requirements established in 2011 for these same vehicles.

By requiring side guards in the state fleet and in large vehicles in
NYC, this bill will expand a critical, life-saving safety feature to
thousands of trucks and semi-trailers and prevent deadly collisions
across New York.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act will take effect 180 days after it becomes law.

2023-S7979 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7979
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 certain
   requirements for side under-ride guards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  375 of the vehicle and traffic law is amended by
 adding a new subdivision 10-f to read as follows:
   10-F. TWENTY-FOUR MONTHS FROM THE EFFECTIVE DATE OF THIS  SUBDIVISION,
 EVERY  TRUCK,  TRACTOR,  AND  TRACTOR-TRAILER OR SEMITRAILER COMBINATION
 REGISTERED IN THIS STATE HAVING A GROSS VEHICLE WEIGHT RATING  OF  TWEN-
 TY-SIX  THOUSAND POUNDS OR MORE, AND A CONVENTIONAL CAB CONFIGURATION IN
 WHICH MORE THAN HALF OF THE ENGINE LENGTH IS  FORWARD  OF  THE  FOREMOST
 POINT  OF  THE  WINDSHIELD  BASE  AND  THE  STEERING WHEEL HUB IS IN THE
 FORWARD QUARTER OF THE VEHICLE LENGTH, WHENEVER OPERATED WITHIN  A  CITY
 HAVING  A POPULATION OF ONE MILLION OR MORE ON HIGHWAYS OTHER THAN CONT-
 ROLLED-ACCESS HIGHWAYS, SHALL BE EQUIPPED WITH  SIDE  UNDER-RIDE  GUARDS
 AFFIXED  TO THE SIDES OF SUCH VEHICLES IN A MANNER CONSISTENT WITH RULES
 AND REGULATIONS THAT  SHALL  BE  PROMULGATED  BY  THE  COMMISSIONER,  IN
 CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION.  FOR THE PURPOSES
 OF  THIS  SECTION,  "SIDE  UNDER-RIDE  GUARD" SHALL MEAN  A  DEVICE  FIT
 TO  THE SIDE OF A LARGE VEHICLE  DESIGNED  TO  PREVENT  PEDESTRIANS  AND
 BICYCLISTS  FROM FALLING INTO THE  EXPOSED  SPACE BETWEEN THE FRONT AXLE
 AND THE REAR AXLE OF SUCH VEHICLES AND  TO  PREVENT  PASSENGER  VEHICLES
 FROM SLIDING UNDER SUCH VEHICLES.  THE PROVISIONS OF THIS SUBDIVISION DO
 NOT APPLY TO TRUCKS, TRACTORS, AND TRACTOR-TRAILER OR SEMITRAILER COMBI-
 NATIONS IN THE STATE FLEET OR CITY FLEET OR IN ANY CITY CONTRACTED VEHI-
 CLE,  AS DEFINED BY SECTION 6-141 OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK. THE COMMISSIONER SHALL BE AUTHORIZED  TO  PROMULGATE    ANY
 RULES  NECESSARY   TO INSPECT SIDE UNDER-RIDE GUARDS AND SIDE UNDER-RIDE
 GUARD SPECIFICATIONS FOR COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDI-
 VISION.
   § 2. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 55 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13625-04-3
 S. 7979                             2
 
   55. (A) FOR THE PURPOSES OF THIS SUBDIVISION, "SIDE UNDER-RIDE  GUARD"
 SHALL  MEAN  A  DEVICE  FIT  TO  THE SIDE OF A LARGE VEHICLE DESIGNED TO
 PREVENT PEDESTRIANS AND BICYCLISTS FROM FALLING INTO THE  EXPOSED  SPACE
 BETWEEN THE FRONT AXLE AND THE REAR AXLE OF SUCH VEHICLES AND TO PREVENT
 PASSENGER VEHICLES FROM SLIDING UNDER SUCH VEHICLES.
   (B)  TWENTY-FOUR  MONTHS  FROM THE EFFECTIVE DATE OF THIS SUBDIVISION,
 ALL VEHICLES WITH A MANUFACTURER'S GROSS VEHICLE WEIGHT RATING EXCEEDING
 TEN THOUSAND POUNDS IN THE STATE  FLEET  SHALL  BE  EQUIPPED  WITH  SIDE
 UNDER-RIDE  GUARDS  AFFIXED    TO THE SIDES OF SUCH VEHICLES IN A MANNER
 CONSISTENT WITH RULES AND REGULATIONS THAT  SHALL  BE   PROMULGATED   BY
 THE  COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF TRANSPORTA-
 TION. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMULGATE ANY  RULES
 NECESSARY   TO ADMINISTER  THE PROVISIONS OF THIS SUBDIVISION, INCLUDING
 BUT NOT LIMITED TO RULES GOVERNING WHEN  THE  INSTALLATION    OF    SIDE
 UNDER-RIDE  GUARDS  ON CERTAIN VEHICLES  IN THE STATE FLEET IS IMPRACTI-
 CAL OR  WILL  DISRUPT  PROVISION  OF  PUBLIC  SAFETY  OR  PUBLIC  HEALTH
 SERVICES   AND   WILL NOT  BE REQUIRED.  SUCH RULES MAY ALSO GOVERN WHEN
 WRITTEN EXEMPTIONS MAY BE AUTHORIZED, INCLUDING DUE  TO  LIMITATIONS  IN
 VENDOR  CAPACITY  TO  SUPPLY SIDE UNDER-RIDE GUARDS AND CIRCUMSTANCES IN
 WHICH STATE-OWNED VEHICLES ARE IN THE ORDER CYCLE FOR  REPLACEMENT.  THE
 COMMISSIONER  SHALL BE   AUTHORIZED TO PROMULGATE ANY RULES NECESSARY TO
 INSPECT SIDE UNDER-RIDE GUARDS AND SIDE UNDER-RIDE GUARD  SPECIFICATIONS
 FOR COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S7979

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2023-S7979 (ACTIVE) - Details

2023-S7979 (ACTIVE) - Summary

2023-S7979 (ACTIVE) - Sponsor Memo

2023-S7979 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7979

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Transportation Committee

2023-S7979 (ACTIVE) - Details

2023-S7979 (ACTIVE) - Summary

2023-S7979 (ACTIVE) - Sponsor Memo

2023-S7979 (ACTIVE) - Bill Text download pdf

Comments