Bill Text: NY A06225 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires that each weigh in motion violation monitoring system undergo a calibration check every six months in accordance with specifications prescribed pursuant to a memorandum of agreement between the New York city department of transportation and the New York state department of agriculture and markets, or in accordance with an applicable reference standard as determined by the New York city department of transportation.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2023-06-10 - substituted by s6246 [A06225 Detail]

Download: New_York-2023-A06225-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6225

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by M. of A. SIMON -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to  calibration
          checks for weigh in motion violation monitoring systems

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

     1    Section 1. Subdivision 3 of section 385-a of the vehicle  and  traffic
     2  law,  as added by chapter 773 of the laws of 2021, is amended to read as
     3  follows:
     4    3. Each weigh in motion violation monitoring system  shall  undergo  a
     5  calibration  check every six months in accordance with [American Society
     6  for Testing and Materials (ASTM) standard specification E1318-09 (2017).
     7  If such standard specification is revised, the New York city  department
     8  of  transportation shall adopt a rule to provide for the use of the most
     9  current  version  of   such   standard   specification]   specifications
    10  prescribed  pursuant  to  a memorandum of agreement between the New York
    11  city department of transportation and the New York state  department  of
    12  agriculture  and  markets, or in accordance with an applicable reference
    13  standard  as  determined  by   the   New   York   city   department   of
    14  transportation.    Such calibration check shall be performed by an inde-
    15  pendent calibration laboratory which shall issue a signed certificate of
    16  calibration on its letterhead to the city of New York. Nothing contained
    17  in this paragraph shall be deemed to require the signature of  a  notary
    18  public  on  such  certificate. The city shall retain each such bi-annual
    19  certificate of calibration on file until the  final  resolution  of  all
    20  cases  involving  notices of liability issued during such six-month time
    21  period which were based on photographs, microphotographs, video or other
    22  recorded images, and information and data generated in conjunction ther-
    23  ewith, produced by such weigh in motion violation monitoring system.
    24    § 2. This act shall take effect immediately; provided,  however,  that
    25  the  amendments  to  subdivision  3  of section 385-a of the vehicle and
    26  traffic law made by section one of this act shall not affect the  repeal
    27  of such subdivision and shall expire and be deemed repealed therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10567-01-3