Bill Text: NY S04284 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the surfaces of non-commercial vehicles and commercial vehicles with a gross vehicle weight rating of ten thousand pounds or less to be cleared of accumulated snow, sleet or hail; exempts any automobile transporter, motorcycle or authorized emergency vehicle; imposes fines.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S04284 Detail]

Download: New_York-2011-S04284-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4284
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 28, 2011
                                      ___________
       Introduced  by  Sen. MARTINS -- 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
         the  surfaces  of  certain 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 NON-COMMERCIAL MOTOR VEHICLE OR A COMMERCIAL MOTOR VEHICLE WITH  A
    5  GROSS  VEHICLE  WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS ON A PUBLIC
    6  STREET OR HIGHWAY WHILE THERE IS AN ACCUMULATION OF SNOW, SLEET, OR HAIL
    7  ON THE ROOF OR CARGO BED  SURFACES  THEREOF,  WHETHER  OF  ANY  OCCUPANT
    8  COMPARTMENT, TRAILER, OR OTHER CARGO COMPARTMENT.
    9    2.  THE REMOVAL OF ACCUMULATED SNOW, SLEET, OR HAIL REQUIRED BY SUBDI-
   10  VISION ONE OF THIS SECTION SHALL NOT APPLY DURING THE FALLING  OF  SNOW,
   11  SLEET, OR HAIL.
   12    3.  THE  OPERATOR  OF A VEHICLE IN VIOLATION OF THE PROVISIONS OF THIS
   13  SECTION, EXCLUDING A SEVERELY DISABLED PERSON, AS DEFINED IN SUBDIVISION
   14  THREE OF SECTION FOUR HUNDRED FOUR-A OF THIS CHAPTER, SHALL  BE  SUBJECT
   15  TO A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED FIFTY
   16  DOLLARS.
   17    4.  THE  OPERATOR  OF  A  VEHICLE  WHO VIOLATES THE PROVISIONS OF THIS
   18  SECTION WHERE SUCH VIOLATION RESULTS IN THE PHYSICAL INJURY  OF  ANOTHER
   19  PERSON, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, OR DAMAGE TO PROP-
   20  ERTY  OF ANOTHER PERSON, SHALL BE SUBJECT TO A FINE OF NOT LESS THAN TWO
   21  HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS.  ADDITIONALLY,
   22  A LICENSE POINT VALUE OF ONE POINT SHALL BE APPLIED.
   23    5.  THE  OPERATOR  OF  A  VEHICLE  WHO VIOLATES THE PROVISIONS OF THIS
   24  SECTION WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL  INJURY  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08266-02-1
       S. 4284                             2
    1  ANOTHER  PERSON,  AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, SHALL BE
    2  SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  NOR  MORE  THAN
    3  ONE  THOUSAND DOLLARS. ADDITIONALLY, A LICENSE POINT VALUE OF TWO POINTS
    4  SHALL BE APPLIED.
    5    6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO ANY AUTOMOBILE
    6  TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
    7    S 2. Section 125 of the vehicle and traffic law, as amended by chapter
    8  365 of the laws of 2008, is amended to read as follows:
    9    S 125. Motor vehicles. Every vehicle operated or driven upon a  public
   10  highway  which  is  propelled  by  any  power other than muscular power,
   11  except (a) electrically-driven mobility assistance devices  operated  or
   12  driven  by a person with a disability, (a-1) electric personal assistive
   13  mobility devices operated outside  a  city  with  a  population  of  one
   14  million  or  more, (b) vehicles which run only upon rails or tracks, (c)
   15  snowmobiles as defined in article forty-seven of this chapter,  and  (d)
   16  all  terrain  vehicles as defined in article forty-eight-B of this chap-
   17  ter. For the purposes of title four of  this  chapter,  the  term  motor
   18  vehicle  shall  exclude  fire and police vehicles other than ambulances.
   19  For the purposes of titles four and  five  AND  SECTION  TWELVE  HUNDRED
   20  TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
   21  type  tractors  and all terrain type vehicles used exclusively for agri-
   22  cultural purposes, or for snow plowing, other than for hire, farm equip-
   23  ment, including self-propelled machines  used  exclusively  in  growing,
   24  harvesting  or  handling farm produce, and self-propelled caterpillar or
   25  crawler-type equipment while being operated on the contract site.
   26    S 3. This act shall take effect on the first of November next succeed-
   27  ing the date on which it shall have become a law.