What's happening
This bill makes New York State liable for damages from reported, unrepaired highway defects and requires an interactive website for reporting such issues.
Why it matters
Increases accountability for road maintenance. By making the state liable for damages from highway defects that remain unrepaired after being reported, the bill creates a stronger incentive for timely repairs, potentially improving road safety and reducing vehicle damage.
Empowers the public to report hazards. The requirement for an interactive website gives residents a direct, trackable way to report dangerous road conditions, making it easier for the public to participate in maintaining infrastructure quality.
Enhances transparency and follow-up. The website must display reported defects and notify individuals when repairs are completed, allowing the public to monitor government responsiveness and hold agencies accountable for unresolved hazards.
Narrows liability exceptions. Previously, the state was generally shielded from liability for winter road defects; now, it can be held responsible if it fails to act on reported issues within a set timeframe, potentially leading to better winter road maintenance.
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Who cares
Headline styles
Let Drivers Report Potholes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Report Potholes, Hold State Liable
In Assembly Committee · Transportation · Sponsor Phil Steck
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4280
2019-2020 Regular Sessions
IN SENATE
March 6, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the highway law, in relation to liability of the state for damages caused by reported defects and potholes; and to amend the transportation law, in relation to establishing an interactive website for reporting defects and potholes on the state highway system and thruway
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 58 of the highway law, as amended by chapter 1110 of the laws of 1971, is amended to read as follows:
§ 58. Liability of state for damages. The state shall not be liable for damages suffered by any person from defects in state highways between the sixteenth day of November and the last day of April except when the defect found to cause the damages was reported by telephone or by an online report submitted to the telephone number or website designated by the department to receive such reports and fourteen days have elapsed from the date the initial report was submitted and the defect was not repaired and, except between the first day of May and the fifteenth day of November on such highways as are maintained by the state under such system as the commissioner of transportation may adopt pursuant to section twelve, but the liability for such damages shall otherwise remain as now provided by law, notwithstanding the construction or improvement and maintenance of such highways by the state under this chapter; but nothing herein contained shall be construed to impose on the state any liability for defects in bridges over which the state has no control. Within the limits of incorporated villages the state shall maintain a width of pavement equal to the width of pavement constructed or improved at the expense of the state, if a state highway, the location of the state's portion of such roadway within said incorporated limits to be determined by the center line of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03611-01-9
S. 4280 2
roadway as shown on the plans on file with the department of transportation and the state shall be liable for damages to persons or property only when such damage shall occur as a result of the defective condition of the portion of improved highway as above described.
§ 2. Section 14 of the transportation law is amended by adding a new subdivision 36 to read as follows:
36. The commissioner shall establish an interactive website by which persons may report the locations of defects and potholes on the state highway system and the New York state thruway and receive, at such person's request, notification when repairs to the reported defect or pothole have been completed. The commissioner shall also post the locations of each reported defect or pothole on such interactive website until such time as such defect or pothole is repaired.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are 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 highway law, in relation to liability of the state for damages caused by reported defects and potholes; and to amend the transportation law, in relation to establish- ing an interactive website for reporting defects and potholes on the state highway system and thruway
SUMMARY OF PROVISIONS::
Section 1. Section 58 of the highway law, as amended by chapter 1110 2 of the laws of 1971, is amended to include: between the sixteenth day of November and the last day of April except when the defect found to cause the damages was reported by telephone or by an online report submitted to the telephone number or website designated by the department to receive such reports and fourteen days have elapsed from the date the initial report was submitted and the defect was not repaired.
Section 2. Section 14 of the transportation law is amended by adding a new subdivision 36: 36. The commissioner shall establish an interactive website by which persons may report the locations of defects and potholes on the state highway system and the New York state thruway and receive, at such person's request, notification when repairs to the reported defect or pothole have been completed. The commissioner shall also post the locations of each reported defect or pothole on such interactive website until such time as such defect or pothole is repaired.
Section 3. Effective date
PURPOSE AND JUSTIFICATION::
Currently statute exempts the State of New York from liability arising from roadway defects between the sixteenth of November and the last day of April. The State, in its attempt to save money by not paying out claims, has created a scenario where it has no impetus to repair roadway defects, allowing for dangerous driving conditions. This legislation requires the department to create a reporting website for roadway defects and utilize their designated reporting telephone number, as a method of official notification of defects on both state roadways and the thruway and allows for a reasonable time period to fix the defect. Should a reported defect not be repaired in the 14 days from the date of an initial report and damages arise from the defect, the state shall be liable for those damages.
EXISTING LAW::
Paragraph (a) of subdivision 11 of section 400.00 of the penal law, as amended by chapter 1 of the laws of 2013
PRIOR LEGISLATIVE HISTORY::
2018: A11088 - transportation
FISCAL IMPLICATIONS::
Yes
EFFECTIVE DATE::
The first day of January that follows the year in which the legislation is passed.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.