What's happening
This bill requires annual studies and reports on lane departure crashes and hazardous segments on New York roadways and the thruway.
Why it matters
Targets high-risk roadway segments. By mandating detailed studies of places with high fatal crash rates or hazardous features (like steep slopes, cliffs, or water bodies), the bill aims to identify and prioritize the most dangerous locations for intervention, potentially saving lives by focusing resources where they're most needed.
Broadens focus to all types of lane departure incidents. The required reports will cover not just car-to-car crashes, but also collisions with fixed objects, non-motorized vehicles, and pedestrians. This comprehensive approach could lead to safer road designs for all users, not just drivers.
Builds accountability and transparency. Annual public reporting to the governor and legislature will increase oversight of how the state and Thruway Authority are addressing roadway safety, potentially leading to more rapid implementation of safety measures and informed public discussions.
Limits legal exposure for safety planning. The bill specifically shields the collected safety data and reports from being used as evidence in lawsuits about crashes at studied locations. This legal protection may encourage more thorough data collection and honest reporting by reducing the risk of information being used against the state or Thruway Authority in court.
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Who cares
Headline styles
Study Roadway Crash Risks
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4928
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law and the public authorities law, in relation to the study and examination of the state's roadways and the thruway in reducing certain motor vehicle risks
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14 of the transportation law is amended by adding a new subdivision 36 to read as follows:
36. To study and examine the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects, or colliding with motorized or non-motorized vehicles or pedestrians, or leaving the roadway. Such study and examination shall include, but not be limited to, segments of the state's roadways with a high number of fatal crashes, and segments of roadway with hazardous features such as steep slopes, embankments, cliffs, drop-offs or deep bodies of water. The commissioner shall submit a report on lane departures, utilizing existing data whenever possible, beginning no later than August thirty-first, two thousand eighteen and annually thereafter, to the governor and the legislature which report shall include but shall not be limited to: (a) the number and type of travel lane departure crashes on the state's roadways including, but not limited to, fixed object, head-on, cross-over, rollover and sideswipe crashes, roadway departures, and those involving non-motorized vehicles and pedestrians; (b) the extent to which the department has analyzed crash data and identified and considered the safety needs of the state's roadways including but not limited to high-fatality segments and segments with hazardous features such as steep slopes, embankments, cliffs, drop-offs or deep bodies of water; and (c) the measures and strategies that the department has undertaken, or plans to undertake, to improve roadway performance and reduce the risk of motor vehicle travel
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07214-01-7
S. 4928 2
lane departures and crashes. No provision of this subdivision shall be deemed to conflict with or supersede the evidentiary and discovery protections and rights as provided for in federal or state law. Notwithstanding any other provision of law, any reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to federal or state law or for the purpose of developing any highway safety construction improvement project shall not be subject to discovery or admitted into evidence in a federal or state court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.
§ 2. Section 361 of the public authorities law is amended by adding a new subdivision 3 to read as follows:
3. The authority shall study and examine the performance of the thruway in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects, or colliding with motorized or non-motorized vehicles or pedestrians, or leaving the thruway. Such study and examination shall include, but not be limited to, segments of the thruway with a high number of fatal crashes, and segments with hazardous features such as steep slopes, embankments, cliffs, drop-offs or deep bodies of water. The authority shall submit a report on lane departures, utilizing existing data whenever possible, beginning no later than August thirty-first, two thousand eighteen and annually thereafter, to the governor and the legislature which report shall include but shall not be limited to: (a) the number and type of travel lane departure crashes on the thruway including, but not limited to, fixed object, head-on, cross-over, rollover and sideswipe crashes, roadway departures, and those involving non-motorized vehicles and pedestrians; (b) the extent to which the authority has analyzed crash data and identified and considered the safety needs of the thruway including but not limited to high-fatality segments and segments with hazardous features such as steep slopes, embankments, cliffs, drop-offs or deep bodies of water; and (c) the measures and strategies that the authority has undertaken, or plans to undertake, to improve thruway performance and reduce the risk of motor vehicle travel lane departures and crashes. No provision of this subdivision shall be deemed to conflict with or supersede the evidentiary and discovery protections and rights as provided for in federal or state law. Notwithstanding any other provision of law, any reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to federal or state law or for the purpose of developing any highway safety construction improvement project shall not be subject to discovery or admitted into evidence in a federal or state court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the transportation law and the public authorities law, in relation to the study and examination of the state's roadways and the thruway in reducing certain motor vehicle risks
Purpose or general idea of bill
Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects.
Summary of specific provisions
Section 1. Amends the transportation law, section 14 by adding a new subdivision 36. Requires the Commissioner to submit a report on lane departures, utilizing existing data whenever possible. Provides that such report shall be submitted no later than August 31, 2016 and annually thereafter to the governor and the legislature. Specifies that the report shall include but not be limited to high-fatality roadway segments and those segments with hazardous features such as steep slopes, embankments, cliffs, drop-offs or deep bodies of water. Provides that no provision of this subdivision shall be deemed to conflict with or supersede the evidentiary and discovery protections and rights as provided for in federal or state law.
Section 2. Amends the public authorities law, section 361 by adding a new subdivision 3. Requires the authority to study and examine the performance of the thruway authority in reducing the risk of motor vehicles departing the travel lane and overturning. Provides that such report shall be submitted no later than August 31, 2016 and annually thereafter to the governor and the legislature. Provides that no provision of this subdivision shall be deemed to conflict with or supersede the evidentiary and discovery protections and rights as provided for in federal or state law.
Section 3. Effective Date
Existing law
None
Justification
Motor vehicle crashes take a terrible human toll on people whether they are vehicle passengers, motorcyclists, bicyclists, or pedestrians, depriving individuals of their independence when crashes cause serious physical injury, and depriving families of their loved ones and society of valued members when the crashes are fatal. While there are general downward trends in the number of motor vehicle fatal crashes and the number of fatalities on New York State's roadways, more can and should be done to further prevent them. This bill presents an opportunity to focus on high-risk sections of roads across the State such as those with a high number of fatal crashes, and those with hazardous features like steep slopes, embankments, cliffs, drop-offs and deep bodies of water. Strategies for reducing the risk of vehicles abruptly leaving their lanes of travel and crashing can and should be identified in order to reduce the risk of crashes at these high-risk locations to better protect the safety of the traveling public and prevent future tragedies.
Prior legislative history
2016: S.184A - AMEND AND RECOMMIT TO TRANSPORTATION/A6751-A Amend and recommit to transportation 2015: S.184 - REFERRED TO TRANSPORTATION/A6751 referred to transportation 2014: S.3416A - Amend and Recommit to Transportation/A.5669A - Amend and Recommit to Transportation 2013: S.3416 - Advanced to Third Reading Calendar, Committed to Rules/A.5669 - Referred to Transportation
Fiscal implications
Nominal
Effective date
This act shall take effect sixty days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.