Bill Text: NY A08300 | 2009-2010 | General Assembly | Amended
Bill Title: Excludes idling reduction devices from the calculation of the weight of certain vehicles, provided that such devices do not increase the vehicle weight by more than 400 pounds and such devices are fully functional.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-08-30 - signed chap.434 [A08300 Detail]
Download: New_York-2009-A08300-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8300--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 13, 2009
___________
Introduced by M. of A. LUPARDO, JAFFEE, McDONOUGH, REILLY, SCHROEDER,
KOON -- Multi-Sponsored by -- M. of A. BRENNAN, CROUCH, MOLINARO,
SAYWARD, TITONE, TOWNSEND -- read once and referred to the Committee
on Transportation -- recommitted to the Committee on Transportation in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law, in relation to excluding
idling reduction devices from the calculation of weight
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 385 of the vehicle and traffic law is amended by
2 adding a new subdivision 10-a to read as follows:
3 10-A. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS SEVEN, EIGHT,
4 NINE, TEN, ELEVEN AND TWELVE OF THIS SECTION, THE CALCULATION OF WEIGHT
5 PURSUANT TO SUCH SUBDIVISIONS SHALL EXCLUDE THE ACTUAL WEIGHT, NOT TO
6 EXCEED FOUR HUNDRED POUNDS, OF A FULLY-FUNCTIONING IDLE REDUCTION DEVICE
7 INSTALLED ON A VEHICLE OR COMBINATION OF VEHICLES THAT ARE SUBJECT TO
8 SUCH SUBDIVISIONS, PROVIDED THAT THE OPERATOR OF SUCH VEHICLE: (I) MAIN-
9 TAINS WRITTEN CERTIFICATION OF THE ACTUAL WEIGHT OF SUCH DEVICE AND
10 ACCEPTABLE PROOF THAT IT IS FULLY FUNCTIONAL; AND (II) PROVIDES SUCH
11 CERTIFICATION AND PROOF, UPON REQUEST, TO A LAW ENFORCEMENT OFFICER OR
12 ANY OTHER OFFICER OR EMPLOYEE AUTHORIZED TO ENFORCE THIS SECTION.
13 ACCEPTABLE PROOF OF THE FUNCTIONALITY OF SUCH DEVICE SHALL CONSIST OF
14 WRITTEN CERTIFICATION FROM THE MANUFACTURER OF SUCH IDLE REDUCTION
15 DEVICE, PHYSICAL DEMONSTRATION, OR ANY OTHER DOCUMENTATION ACCEPTABLE TO
16 THE COMMISSIONER OF TRANSPORTATION AS MAY BE SET FORTH IN REGULATIONS
17 PROMULGATED BY SUCH COMMISSIONER AFTER CONSULTATION WITH THE COMMISSION-
18 ER OF ENVIRONMENTAL CONSERVATION.
19 (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
20 HAVE THE FOLLOWING MEANINGS: (I) "AUXILIARY POWER UNIT" SHALL MEAN AN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11833-04-0
A. 8300--A 2
1 INTEGRATED SYSTEM THAT (A) PROVIDES HEAT, AIR CONDITIONING, ENGINE WARM-
2 ING, OR ELECTRICITY TO COMPONENTS ON A VEHICLE WHICH IS SUBJECT TO THE
3 PROVISIONS OF THIS SECTION AND (B) IS CERTIFIED UNDER PART EIGHTY-NINE
4 OF TITLE FORTY OF THE CODE OF FEDERAL REGULATIONS (AS MAY FROM TIME TO
5 TIME BE AMENDED) AS MEETING APPLICABLE EMISSION STANDARDS; AND (II)
6 "IDLE REDUCTION DEVICE" SHALL MEAN AN AUXILIARY POWER UNIT OR OTHER
7 TECHNOLOGY THAT IS USED TO REDUCE LONG-DURATION IDLING (AS SUCH TERM IS
8 DEFINED IN PARAGRAPH SEVEN OF SUBDIVISION (A) OF SECTION 16104 OF THE
9 UNITED STATES CODE AS MAY FROM TIME TO TIME BE AMENDED) AND ALLOWS FOR
10 THE MAIN DRIVE ENGINE OR AUXILIARY REFRIGERATION ENGINE TO BE SHUT DOWN.
11 S 2. This act shall take effect on the ninetieth day after it shall
12 have become a law.
