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A09799 Summary:

BILL NOA09799
 
SAME ASSAME AS S07979
 
SPONSORGallagher
 
COSPNSRKelles
 
MLTSPNSR
 
Amd 375, V & T L
 
Sets certain requirements for side under-ride guards for state fleet vehicles.
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A09799 Actions:

BILL NOA09799
 
04/09/2024referred to transportation
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A09799 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9799
 
                   IN ASSEMBLY
 
                                      April 9, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the vehicle and traffic  law,  in  relation  to  certain
          requirements for side under-ride guards
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 375 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 10-f to read as follows:
     3    10-f.  Twenty-four months from the effective date of this subdivision,
     4  every truck, tractor, and  tractor-trailer  or  semitrailer  combination
     5  registered  in  this state having a gross vehicle weight rating of twen-
     6  ty-six thousand pounds or more, and a conventional cab configuration  in
     7  which  more  than  half  of the engine length is forward of the foremost
     8  point of the windshield base and  the  steering  wheel  hub  is  in  the
     9  forward  quarter  of the vehicle length, whenever operated within a city
    10  having a population of one million or more on highways other than  cont-
    11  rolled-access  highways,  shall  be equipped with side under-ride guards
    12  affixed to the sides of such vehicles in a manner consistent with  rules
    13  and  regulations  that  shall  be  promulgated  by  the commissioner, in
    14  consultation with the commissioner of transportation.  For the  purposes
    15  of  this  section,  "side  under-ride  guard" shall mean  a  device  fit
    16  to    the  side  of  a large vehicle designed to prevent pedestrians and
    17  bicyclists from falling into the  exposed  space between the front  axle
    18  and  the  rear  axle  of such vehicles and to prevent passenger vehicles
    19  from sliding under such vehicles.  The provisions of this subdivision do
    20  not apply to trucks, tractors, and tractor-trailer or semitrailer combi-
    21  nations in the state fleet or city fleet or in any city contracted vehi-
    22  cle, as defined by section 6-141 of the administrative code of the  city
    23  of  New  York.  The  commissioner shall be authorized to promulgate  any
    24  rules necessary  to inspect side under-ride guards and  side  under-ride
    25  guard specifications for compliance with the requirements of this subdi-
    26  vision.
    27    § 2. Section 375 of the vehicle and traffic law is amended by adding a
    28  new subdivision 55 to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13625-04-3

        A. 9799                             2
 
     1    55.  (a) For the purposes of this subdivision, "side under-ride guard"
     2  shall mean a device fit to the side  of  a  large  vehicle  designed  to
     3  prevent  pedestrians  and bicyclists from falling into the exposed space
     4  between the front axle and the rear axle of such vehicles and to prevent
     5  passenger vehicles from sliding under such vehicles.
     6    (b)  Twenty-four  months  from the effective date of this subdivision,
     7  all vehicles with a manufacturer's gross vehicle weight rating exceeding
     8  ten thousand pounds in the state  fleet  shall  be  equipped  with  side
     9  under-ride  guards  affixed    to the sides of such vehicles in a manner
    10  consistent with rules and regulations that  shall  be   promulgated   by
    11  the  commissioner,  in consultation with the commissioner of transporta-
    12  tion. The commissioner shall have the authority to promulgate any  rules
    13  necessary   to administer  the provisions of this subdivision, including
    14  but not limited to rules governing when  the  installation    of    side
    15  under-ride  guards  on certain vehicles  in the state fleet is impracti-
    16  cal or  will  disrupt  provision  of  public  safety  or  public  health
    17  services   and   will not  be required.  Such rules may also govern when
    18  written exemptions may be authorized, including due  to  limitations  in
    19  vendor  capacity  to  supply side under-ride guards and circumstances in
    20  which state-owned vehicles are in the order cycle for  replacement.  The
    21  commissioner  shall be   authorized to promulgate any rules necessary to
    22  inspect side under-ride guards and side under-ride guard  specifications
    23  for compliance with the requirements of this subdivision.
    24    § 3. This act shall take effect on the one hundred eightieth day after
    25  it  shall have become a law. Effective immediately, the addition, amend-
    26  ment and/or repeal of any rule or regulation necessary for the implemen-
    27  tation of this act on its effective date are authorized to be  made  and
    28  completed on or before such effective date.
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