Enacts the "pedestrian safety enhancement act of 2009"

Title of bill

An act to amend the vehicle and traffic law, in relation to enacting the "pedestrian safety enhancement act of 2009"

Purpose

Enacts the "Pedestrian Safety Enhancement Act of 2009" which authorizes the NYS Department of Motor Vehicles (DMV), and the Department of Environmental Conservation (DEC), to promulgate regulations establishing a statewide minimum sound standard for hybrids and other inaudible motor vehicles.

Summary of provisions

The vehicle and traffic law is amended by adding a new section 397-c: Minimum motor vehicle sound standards.

Justification

According to the Federal Highway Administration, a pedestrian is killed by an automobile every 110 minutes; one is injured every 9 minutes. The Insurance Institute for Highway Safety found that most fatalities take place at intersections with 1/3 caused by the actions of the pedestrian and 2/3 by drivers who fail to yield to the pedestrian, disobey traffic signals or are distracted by cell phones, etc. In 2006, 36% of the pedestrian deaths at intersections were people 70 and older while 21% were under 70. The technological advancements in the design of clean-powered motor vehicles, which are drastically quieter than gasoline-powered automobiles, will more than likely increase those figures. Studies have shown that both blind and sighted people make better traverse decisions when they can hear oncoming vehicles. Those who are dependent on multi-sensory information, such as people who are blind or severely visually-impaired, are most at-risk crossing an intersection by the absence of an engine sound; the elderly, bicyclists, runners, children and toddlers are just as vulnerable.

The ecological benefits of hybrid automobiles are significant; however, the decreased sound produced by the engine has no impact on greenhouse gas emissions. A minor modification to the existing design of the engine would enable these vehicles to produce an audible indication of their presence. This legislation would make possible an engineering solution which would both save lives and be inoffensive to the public. Based on available scientific research, and in consultation with pedestrian advocacy groups, this legislation calls for the DMV and DEC to establish a minimum audibility standard for manufacturers of hybrid vehicles and other non-internal combustion engines sold in New York State.

Legislative history

2008: Referred to Transportation (S.7151/A.10248)

Fiscal implications

None.

Effective date

Immediately.