Add S1229-e, amd SS125 & 200, V & T L; add S74-a, St Fin L; add S389, Pub Auth L; add S23, Transp L
Provides that motor vehicles, with certain exceptions, shall not be operated with an accumulation of snow or ice on the surface thereof; establishes fines for violation of these provisions; establishes a fund for the state's portion of such fines, the "snow and ice removal fund" with 10% of the funds going to an annual DMV report on the fund, 25% going to each the DOT and the Thruway authority for establishing snow and ice removal sites on their roads, 30% for a DOT grant program and 10% for a public awareness campaign.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3687
SPONSOR: Mayer (MS) TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to requiring surfaces of certain motor vehicles to be cleared
of accumulated snow, sleet, or hail; to amend the state finance law, the
public authorities law and the transportation law, in relation to the
snow and ice removal fund; and providing for the repeal of certain
provisions upon expiration thereof
PURPOSE: Provides that motor vehicles, with certain exceptions, shall
not be operated with an accumulation of snow or ice on the surface ther-
eof
MMARY OF PROVISIONS: Section 1. The vehicle and traffic law is amended
by adding a new section, 1229-e which would restrict any person from
operating a motor vehicle on a public street or highway while there is
an accumulation of snow, sleet or hail on the roof or cargo of the vehi-
cle in excess of three inches. The removal of accumulated snow, sleet,
or hail will not apply during the fall of snow, sleet or hail or within
three hours after the cessation. The operator of a noncommercial vehicle
in violation of the provisions of this section will be fined no less
than $150, unless the operator is disabled. The operator, owner, lessee
or bailee of a commercial vehicle in violation of the provisions will be
fined anywhere from $450 to $1200. All fines credited to the state
pursuant to this section will be deposited to the snow and ice removal
fund. The provisions of this section will not apply to any automobile
transporter, motorcycle, or authorized emergency vehicle.
Section 2. Section 125 of the vehicle and traffic law, as amended by
chapter 365 of the laws of 2008, is amended for the purposes of section
1229-e.
Section 3. Section 200 of.the vehicle and traffic law is amended by
adding a new subdivision, 3 which requires the Commissioner to submit a
report to the governor, temporary president of the senate and the speak-
er of the assembly on an annual basis for ten years commencing on August
thirty-first, two thousand fourteen concerning the implementation of
section 1229-e of this chapter and section 74-a of the state finance
law. The report would include information on the amount of funds made
available to the commissioner and the New York State Thruway Authority,
the use of such funds, how many summons were issued pursuant to section
1229, the operation of the grant program, the public awareness program,
the severity and frequency of traffic incidents involving snow or ice
not properly removed from vehicles before and after the implementation
of this law, the operation of such snow and ice removal sites estab-
lished by the New York state Department of Transportation.
Section 4. The state finance law is amended by adding a new section 74-a
to create, under the joint custody of the State Comptroller and Commis-
sioner of Taxation and Finance the "Snow and Ice Removal Fund. The fund
will consist of all fines acquired pursuant to the law and allocates the
money accordingly.
Section 5. The public authorities law is amended by adding a new
section, 368 which defines the term "common carrier" and requires that
the authority allocate money from the snow and ice removal fund to
establish snow and ice removal sites for common carriers on the thruway.
Section 6. The transportation law is amended by adding a new section, 23
to read the same as § 388 and establishes a snow and ice removal grant
program with the purpose of providing common carriers with matching
funds to purchase snow and ice removal equipment. However, no grant to a
common carrier can exceed ten percent of the total allocations, each
applicant can receive only one grant over a.24 month period, grants can
only be used for the purchase and installation of snow and ice removal
equipment and requires that the common carrier match the funds provided
by the grant. It also requires that money allocated to the Department of
Transportation through this provision be used for a public awareness
campaign about the dangers of driving with accumulations of snow and ice
on the roof of motor vehicles or cargo surfaces and the prohibition
there of.
JUSTIFICATION: Snow and ice accumulates on too of cars and trucks
during winter months have become a road hazard for motorists; especially
those driving at high speeds on highways. The blinding snow falling from
the top of other cars or trucks can cause damage or accidents to vehi-
cles traveling behind, This legislation would require each driver to
take responsibility for making sure every vehicle is safe for traveling
on the road.
LEGISLATIVE HISTORY: 2011: A2346A (Spano)
FISCAL IMPLICATIONS: Unknown
EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which is shall have become a law; provided;
however, that the amendments to section 200 of the vehicle and traffic
law made by section three of this act shall expire and be deemed
repealed September 1, 2023.
