Limits commercial vehicles from stopping or standing in New York city

Title of bill

An act to amend the administrative code of the city of New York, in relation to prohibiting commercial vehicles from stopping and standing

Purpose

This bill is designed to discourage commercial vehicles in the City of New York from illegally stopping and standing by adding points to a commercial driver's license for each violation.

Summary of provisions

Section One of the bill amends the administrative code of the City of New York by prohibiting any person from stopping or standing a commercial vehicle in the City of New York except when necessary to avoid conflict with other traffic or in compliance with a police officer or a traffic control signal.

"Commercial Vehicle" is defined in this section to mean a motor vehicle designed, maintained, or used primarily for the transportation of property, or a motor vehicle having a Seating capacity of fifteen or more passengers in addition to the driver and used for the transportation of persons. While stopping and standing is Prohibited by this title and local laws, a commercial vehicle may stop temporarily for loading and unloading merchandise or passengers. It will be an affirmative defense by the person who received the summons that he or she was actively engaged in business at the time the summons was issued at a premises located within three city blocks of where the summons was issued.

The Section does not apply to Vehicles owned and operated by gas or oil heat suppliers or gas or oil heat systems maintenance companies, or any public utilities. This section shall not apply to State or local municipal vehicles.

A violation of this section shall be punishable in accordance with the point system pursuant to part one hundred thirty-one of subchapter J of chapter one of title fifteen of the NYCRR. A commercial vehicle may also be subject to impoundment or other fees and sanctions in addition to the points added per violation.

Existing law

Currently, there are no points added to a commercial driver's license for these violations.

Justification

By ever increasing numbers, illegal commercial traffic in the City of New York has clogged neighborhood streets. These vehicles double-park, idle, and pick up and drop off passengers in spite of traffic laws prohibiting them from doing so in residential neighborhoods. As a result, these tour buses, trucks, jitneys, vans, black cars, limousines, charter buses, and other commercial vehicles have turned New York City neighborhoods into a de facto parking lot.

This problem is more than just mere inconvenience for residents. St. Clare's Hospital in the Clinton/Hell's Kitchen section of Manhattan has recently stated that such parking problems could affect the ability of emergency vehicles to reach necessary destinations and return to the hospital in optimal time.

This bill in no way stops commercial vehicles from going about their legit1mate business. The legislation allows for the normal unloading and loading of property and passengers, or in the case of an emergency. City and State municipal vehicles, as well as public utilities, are exempt from this legislation. Adding points to a commercial driver's license for each violation will send a strong message to those drivers who blatantly disregard the City of New York's stopping and standing regulations that needlessly congest residential streets will not be tolerated.

LEGISLATIVE HISTORY ; 1999-2000: S.6152 died in Senate Cities Committee. 2001-2002: S.2036 died in Senate Cities Committee. 2003-2004: S.2080 died in Senate Cities Committee. 2005-2006: S.1068 died in Senate Cities Committee.

Fiscal implications

Minimal.

Effective date

Immediately.