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S1485Senate2019-2020 Session

Require Truck Side Guards

Official title

“Requires certain vehicles to be equipped with side under-ride guards”

Sponsor Brad Hoylman-SigalSD-27+1 co-sponsorAffects Transportation
Status
In Senate Committee
Transportation
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires large trucks operating in New York City to be equipped with side under-ride guards for safety.

Why it matters

  1. Aims to prevent deadly crashes involving pedestrians and cyclists. by requiring large trucks in NYC to have side under-ride guards, which can stop people from being swept underneath trucks during collisions.

  2. Targets only certain trucks. those with a gross vehicle weight rating of 26,000 pounds or more and a specific cab design—meaning not all trucks are affected, focusing the regulation on the most dangerous vehicles.

  3. Allows for flexibility and expert input. by directing the state commissioner, in consultation with the transportation commissioner, to set the exact technical standards and installation guidelines for the guards.

  4. Includes legal and financial safeguards. so that if the law would cause New York to lose federal funding, it will be automatically repealed, and any invalid section won’t affect the rest of the law’s provisions.

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Who cares

Headline styles

Require Truck Side Guards

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

Chair, Judiciary

1 Co-sponsor

History

  1. Referred to transportation
  2. Referred to transportation

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1485

2019-2020 Regular Sessions

IN SENATE

January 15, 2019

Introduced by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to requiring certain vehicles to be equipped with side under-ride guards; and providing for the repeal of such provisions upon expiration thereof

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 375 of the vehicle and traffic law is amended by adding a new subdivision 10-f to read as follows:

10-f. Every truck, tractor, and tractor-trailer or semitrailer combination registered in this state having a gross vehicle weight rating of twenty-six thousand pounds or more, and a conventional cab configuration in which more than half of the engine length is forward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length, whenever operated within a city having a population of one million or more on highways other than controlled-access highways, shall be equipped with side under-ride guards affixed to the sides of such vehicles in a manner consistent with rules and regulations that shall be promulgated by the commissioner, in consultation with the commissioner of transportation.

§ 2. This act shall be deemed repealed if any federal agency or any court of competent jurisdiction finally determines that this act would render New York state ineligible for the receipt of federal funds.

§ 3. Severability. If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07333-01-9

S. 1485 2

§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided that the commissioner of the department of transportation shall notify the legislative bill drafting commission upon the occurrence of the provisions of section two of this act in order that the commission may maintain an accurate data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law; and effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such effective date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring certain vehicles to be equipped with side under-ride guards; and provid- ing for the repeal of such provisions upon expiration thereof

Purpose or general idea of bill

Requires every truck, tractor, and tractor-trailer or semi-trailer combination registered in New York which meets certain conditions to be equipped with side under-ride guards while operating in New York City on highways other than controlled-access highways.

Summary of specific provisions

Section 1 of the bill amends Section 375 of the vehicle and traffic law by adding a new subdivision 10-f. This subdivision mandates that certain vehicles be equipped with side under-ride guards while in operation on New York City highways, and directs the Commissioner of the NYS Depart- ment of Motor Vehicles, in consultation with the Commissioner of the NYS Department of Transportation, to promulgate rules and regulations for the proper standards and specifications of the side under-ride guards.

Read the full memo (686 words)

Section 2 of the bill states that the act will be repealed if any feder- al agency or court determines that the act would render New York State ineligible for the receipt of federal funds.

Section 3 of the bill is a severability clause.

Section 4 of the bill states that the bill shall take effect on the one hundred eightieth day after it shall have become a law; provided, howev- er, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such effective date; and, provided that the commissioner of the depart- ment of transportation shall notify the legislative bill drafting commission upon the occurrence of the provisions of section two of this act in order that the commission may maintain an accurate data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.

Justification

Crashes involving large vehicles like tractor-trailers are three times as likely to result in the death of a pedestrian than crashes only involving passenger vehicles. This bill would ensure that large trucks driving on the streets of New York City are equipped with features designed to protect the safety of pedestrians, cyclists, and other vehi- cles.

This bill requires New York State-registered trucks, tractors, and trac- tor-trailers weighing 26,000 pounds or more to be equipped with side under-ride guards when operated in New York City. Such guards are required in Japan and several European nations, and can greatly reduce

fatalities by keeping pedestrians, cyclists, and other vehicles from sliding under the side of large trucks.

This bill is modeled after the legislation that was enacted in 2011 requiring the same classification of vehicles to have convex mirrors installed when traversing the streets of New York City. There is a provision stating that if this legislation jeopardizes the state's eligibility for federal funds, it shall be repealed.

Prior legislative history

S. 0272 of 2017-2018 (Hoylman): Died in Transportation

S.65 of 2015-2016(Hoylman): Died in Transportation

A.2502of2015-2016 (Rozic): Died in Transportation

S.6648of2014(Hoylman):Died in Transportation

A.9415of2014(Rozic): Died in Transportation

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation neces- sary for the implementation of this act on its effective date is author- ized to be made and completed on or before such effective date; and provided that the commissioner of the department of transportation shall notify the legislative bill drafting commission upon the occurrence of the provisions of section two of this act in order that the commission may maintain an accurate data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public offi- cers law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.