Senate Bill S3480

                                 
BILL NUMBER: S3480

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 modem alter-
              

natives.

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 motorcycle traveled approxi-
mately 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 even-
tually struck an upright green state reflector 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
modem 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 modem
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:

2023-2024: S.7603 referred to Transportation/A.10090 referred to Trans-
portation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.