Bill Text: NY S01321 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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 and 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-02-01 - PRINT NUMBER 1321B [S01321 Detail]

Download: New_York-2011-S01321-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1321
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sens.  DILAN,  DIAZ,  HASSELL-THOMPSON -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Transportation
       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
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The vehicle and traffic law is amended  by  adding  a  new
    2  section 1229-e to read as follows:
    3    S 1229-E. CLEARANCE OF SNOW, SLEET, AND HAIL. 1. NO PERSON SHALL OPER-
    4  ATE  A  MOTOR  VEHICLE  ON  A PUBLIC STREET OR HIGHWAY WHILE THERE IS AN
    5  ACCUMULATION OF SNOW, SLEET, OR HAIL ON THE ROOF OR CARGO  BED  SURFACES
    6  THEREOF,  WHETHER  OF  ANY OCCUPANT COMPARTMENT, TRAILER, OR OTHER CARGO
    7  COMPARTMENT IN EXCESS OF THREE INCHES.
    8    2. THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY  SUBDI-
    9  VISION  ONE  OF THIS SECTION SHALL NOT APPLY DURING THE FALLING OF SNOW,
   10  SLEET, OR HAIL OR WITHIN THREE HOURS AFTER THE CESSATION OF THE  FALLING
   11  THEREOF.
   12    3.  (A)  THE  OPERATOR OF A NON-COMMERCIAL VEHICLE IN VIOLATION OF THE
   13  PROVISIONS OF THIS SECTION, EXCLUDING  A  DISABLED  OPERATOR,  SHALL  BE
   14  SUBJECT  TO  A  FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE
   15  THAN EIGHT HUNDRED FIFTY DOLLARS.
   16    (B) THE OPERATOR, OWNER, LESSEE, BAILEE OR ANY ONE OF THE AFORESAID IF
   17  A COMMERCIAL MOTOR VEHICLE SHALL BE SUBJECT TO A FINE OF NOT  LESS  THAN
   18  FOUR HUNDRED FIFTY DOLLARS NOR MORE THAN TWELVE HUNDRED FIFTY DOLLARS.
   19    4.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
   20  TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
   21    S 2. Section 125 of the vehicle and traffic law, as amended by chapter
   22  365 of the laws of 2008, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03010-01-1
       S. 1321                             2
    1    S 125. Motor vehicles. Every vehicle operated or driven upon a  public
    2  highway  which  is  propelled  by  any  power other than muscular power,
    3  except (a) electrically-driven mobility assistance devices  operated  or
    4  driven  by a person with a disability, (a-1) electric personal assistive
    5  mobility  devices  operated  outside  a  city  with  a population of one
    6  million or more, (b) vehicles which run only upon rails or  tracks,  (c)
    7  snowmobiles  as  defined in article forty-seven of this chapter, and (d)
    8  all terrain vehicles as defined in article forty-eight-B of  this  chap-
    9  ter.  For  the  purposes  of  title four of this chapter, the term motor
   10  vehicle shall exclude fire and police vehicles  other  than  ambulances.
   11  For  the  purposes  of  titles four and five, AND SECTION TWELVE HUNDRED
   12  TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
   13  type tractors and all terrain type vehicles used exclusively  for  agri-
   14  cultural purposes, or for snow plowing, other than for hire, farm equip-
   15  ment,  including  self-propelled  machines  used exclusively in growing,
   16  harvesting or handling farm produce, and self-propelled  caterpillar  or
   17  crawler-type equipment while being operated on the contract site.
   18    S 3. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.