Creates various programs to protect safety of truck drivers

Summary of provisions

Section 1 of the bill cites the title as "Jason's Law."

Section 2 of the bill provides the legislative intent.

Section 3 of the bill amends the transportation law by adding a new section 140-a creating the motor carrier safety and security revolving loan program to provide interest free loans to owners/operators of private rest areas, truck stops, travel plazas and any other facility providing motor carriers with a safe place to rest, to make safety and security upgrades on their facilities.

Section 4 of the bill amends the state finance law by adding a new section 99-u creating the motor carrier safety and security revolving loan program fund.

Section 5 of the bill amends section 210 of the tax law by adding 2 new subdivisions 45 and 46 creating a 20 percent tax credit for shipping and/or receiving facilities that agree to provide motor carriers with a secure area to rest while waiting for pending appointments or to comply with federal hours of service regulations.

Section 6 of the bill amends the public authorities law by adding a new section 389 creating a "Bull Pen" demonstration program along the New York State Thruway. The bull pen demonstration program would test the affordability and effectiveness of developing dedicated parking facilities to provide a safe place for truckers to rest. The facilities must include fencing, security cameras, gated entrances, electric hookups for powering appliances and equipment in individual truck cabins and sleeper quarters, as well as limited lavatory accommodations.

Section 7 of the bill provides for an immediate effective date.

Justification

This legislation was drafted in response to the tragic and senseless death of Jason Rivenburg, a truck driver from Schoharie

County, who was killed while resting at an abandoned gas station in South Carolina. At the time of his death, Jason was a mere 12 miles from his destination but was unable to make his delivery because he was too early. This tragic situation highlights the seriousness of the problem surrounding the lack of available, safe and secure parking facilities for truckers. We rely on commercial trucks to transport the goods that are necessary to our economic well-being. It is vital that we also ensure that truck drivers who are transporting these essential products have a safe place to rest while they are waiting for pending appointments or in order to comply with federal hours of service regulations. Federal law mandates that drivers rest for ten hours after driving for eleven consecutive hours, and also prohibits them from driving more than sixty hours total over a seven day period. There is a real shortage of safe parking areas for motor carriers, forcing many drivers, like Jason, to park in desolate, poorly lit areas with little or no security. If we are going to require truckers to take regular breaks, it is imperative that we provide them with a safe place to rest.

This legislation is designed to provide incentives for private businesses to address truck safety and security issues on their facilities. Specifically, the bill includes a 20 percent tax credit to encourage shipping and receiving facilities to allow truckers to rest in their parking areas and a 50 percent tax credit for the installation, purchase or maintenance of safety and security upgrades made by owners/operators of private rest areas, truck stops, and other similar facilities. The bill also creates a revolving loan fund whereby owners/operators of private rest areas, truck stops and other facilities could access interest free financing for safety and security upgrades. Further, the legislation establishes a "bull pen" demonstration program along the New York State Thruway. A "bull pen" is a designated, secure area for truckers to rest while complying with federal rest regulations. The "bull pen" would be equipped with fencing, security cameras, gated entrances, electrical hookups for powering appliances and equipment in individual truck cabins and truck driver sleeper quarters, and limited lavatory accommodations.

Additionally, at the federal level, Congressman Tonko and Senator Schumer have introduced legislation that would authorize $20 million annually over six years for grants to states to expand and publicize parking options for commercial vehicles. This legislation would ensure that a framework exists at the state level to allow us to quickly and effectively expend the federal dollars should the federal bill become law.

Legislative history

S.8113 of 20l0.

Fiscal implications

To be determined. However, there may be no cost to the state as New York would apply for federal funding once the federal legislation has been enacted.

Effective date

Immediately.