Changes from .04 to .02 of one per centum the alcohol level a person is prohibited to have in his system to operate a commercial vehicle

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the vehicle and traffic law, in relation to operating a commercial motor vehicle while under the influence of alcohol

Purpose or general idea of bill

Lowers the permissible blood alcohol content to operate a commercial vehicle from .04 to .02.

Summary of specific provisions

Subdivision 5 of section 1192 of the vehicle and traffic law is amended to decrease the permissible blood alcohol level to operate a commercial vehicle from .04 to .02..

Effects of present law which this bill would alter

Currently the legal blood alcohol limit allowed when operating a commercial vehicle is .04. This. bill would lower that amount to .02.

Justification

According to the Vehicle and Traffic law section 501-a (4) a commercial vehicle is a vehicle designed to transport persons or property having a gross weight of over 26,000 pounds or designed to carry 15 or more passengers. Trucks and busses are large, heavy, cumbersome vehicles. Although most commercial drivers are very skilled at operating their vehicles, even a small amount of alcohol can diminish their skills. Thus, with such a large and heavy vehicle, a fraction of a second's hesitation or slowed reaction time can be the difference between disaster and a near miss. There is currently a "zero tolerance" policy regarding alcohol and young drivers in New York. The law establishes a .02 limit on all drivers under the age of 21. This "zero tolerance" policy should be extended to include drivers of the largest and heaviest vehicles on our streets and highways as well as those who carry over 15 passengers. As stated in the Vehicle & Traffic law article 520 section 1: "The ever-increasing number of accidents, personal injuries and deaths resulting from alcohol or drug-related traffic offenses is a matter of great concern to the legislature. The diminished perception of intoxicated and impaired operators of motor vehicles presents a constant and intolerable threat to the lives and well-being of the citizens of the state." This bill will help save many lives in New York.

History

S.1907 of 2007 01/29/08 Referred to Transportation

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.