Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without proper restraints

BILL NUMBER:S656

Title of bill

An act to amend the vehicle and traffic law, in relation to the transportation of loose substances in open vehicles

Purpose or general idea of bill

To require commercial operators to use safeguards, approved by the commissioner of transportation, that would prevent loose substances from becoming dislodged or removed during transport in an open vehicle and prevent substances from being thrown by the vehicle's wheels during travel.

Summary of specific provisions

Section 1 amends the vehicle and traffic law by requiring the use of a mechanism, approved by the commissioner of transportation, by all commercial operators transporting loose substances in an open vehicle.

The section also requires the use of tire guards that will prevent objects from being thrown by the wheels of the vehicle during travel

Effects of present law which this bill would alter

This bill would amend the law to require the use of a tarp or like device by all commercial operators transporting loose substances in an open truck or trailer The present law requires the use of a tarp only when open trucks or trailers transports loose substances on public highways.

The bill would also remove a loophole that prevents the enforcement of the statute when loose substances are arranged in a manner preventing the substances from becoming dislodged or removed from the trailer during transport.

Furthermore, the bill would create a section that would require the use of tire guards to prevent objects from being thrown by the vehicle's wheels during travel.

Justification

On February 16, 2004, Credo Veira, a seventy-seven year old grandmother living in Brooklyn, was killed when a rock crashed into her car from a dump truck traveling on a bridge overhead While deaths such as Mrs. Veria's are unusual, it does demonstrate the need for effective precautions that would prevent debris from falling out of open vehicles. Transporting loose substances usually results in small amounts of debris falling to the road, but it can also involve large objects that can cause serious physical injury or death. In addition, a driver's negligence in securing loose cargo can also cause varying degrees of damages to personal property and dirty public roads. Given the potential for harm to persons and property, it is necessary to require all commercial operators of motor vehicles that transport loose substances in open vehicles to use reasonable methods, as determined by the commissioner of transportation, that will prevent loose substances from becoming dislodged or removed from the truck during transport. The current law must also be amended to prohibit

the transportation of loose substances that are arranged in a manner that the operator believes would not allow those substances to fall from or blowout of the open vehicle. This loophole endangers the public by allowing loose substances to be transported in an open vehicle without the protection of the necessary safeguards required by this bill.

Legislative history

S.2496 of 2008 01/09/08 Referred to Transportation S.105 of 2009 01/07/09 Referred to Transportation 02/04/09 Amend and Recommit to Transportation 02/04/09 Print Number 105A 02/25/09 Amend and Recommit to Transportation 02/25/09 Print Number 105B 01/06/10 Referred to Transportation S.1622 of 2011 01/10/11 Referred to Transportation 01/04/12 Referred to Transportation

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect one year after it becomes law.4