What's happening
This bill requires commercial vehicles transporting loose substances to use approved mechanisms and splash guards to prevent spillage and debris during transport.
Why it matters
Expands legal requirements. This bill broadens the rules for covering loose cargo, moving from requiring just a basic cover or tarp to mandating "approved mechanisms" specifically designed to prevent any loose substances from escaping during transport, potentially increasing safety and compliance standards.
Adds splash guard mandate. It introduces a new requirement for commercial vehicles carrying loose materials to use splash guards, approved by the commissioner, to prevent debris or substances from being thrown onto the road or other vehicles, which could reduce road hazards and vehicle damage.
Grants regulatory flexibility. The bill gives the commissioner authority to create detailed rules and adapt requirements for different types of loads and conditions, allowing for more tailored and up-to-date safety practices as technology and transport methods evolve.
Exempts farm products. Vehicles transporting "farm products" remain exempt, maintaining flexibility for agricultural operations while holding commercial haulers to stricter safety standards, which could be significant for both industry stakeholders and rural communities.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Commercial operators hauling loose substances
They would have to use an approved restraint mechanism in open vehicles and approved splash guards when transporting loose substances.
New York State Department of Transportation
Its commissioner would approve mechanisms to keep loose substances from becoming dislodged or leaving open vehicles and retain authority to set rules for specific conditions and loads.
New York State Department of Motor Vehicles
Its commissioner would approve splash guards intended to prevent vehicles carrying loose substances from throwing those substances during travel.
Haulers of farm products
Vehicles, trailers and semitrailers conveying farm products as defined in the Agriculture and Markets Law would remain exempt from these requirements.
Headline styles
Secure Loose Loads Law
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2433
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the transportation of loose substances in open vehicles
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 380-a of the vehicle and traffic law, as added by chapter 418 of the laws of 1975 and subdivision 1 as amended by chapter 369 of the laws of 1987, is amended to read as follows:
§ 380-a. Certain vehicles engaged in the transportation of loose cargo. 1. It shall be unlawful [to operate on any public highway any open truck or trailer being utilized for the transportation of any loose substances, unless said truck or trailer has a cover, tarpaulin or other device of a type and specification approved by the commissioner of transportation which completely closes in the opening on the said truck or trailer while said truck or trailer shall be so operated, so as to prevent the falling of any such substances therefrom. However, if the load is arranged so that no loose substance can fall from or blow out of such truck, the covering is not necessary.] for a commercial operator of a motor vehicle to transport loose substances in an open vehicle without the use of a mechanism, approved by the commissioner of transportation, to prevent loose substances from becoming dislodged or removed from such vehicle during transport.
2. It shall be unlawful for a commercial operator of a motor vehicle to transport loose substances in a vehicle without the use of splash guards, approved by the commissioner of motor vehicles, to prevent substances from being thrown by such vehicle during travel.
[2.] 3. The commissioner of transportation is authorized to make necessary rules and regulations to carry into effect the provisions of this section, applying such provisions to specific conditions and loads
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00127-01-9
A. 2433 2
and prescribing means, methods and practices to effectuate such provisions.
[3.] 4. The provisions of this section shall not apply to motor vehicles, trailers and semitrailers conveying "farm products" as defined in section two of the agriculture and markets law.
§ 2. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.