Bill Text: NY A02433 | 2019-2020 | General Assembly | Introduced
Bill Title: Makes it unlawful for any commercial operator of a motor vehicle to transport loose substances in an open vehicle without the use of a proper restraint mechanism, as approved by the commissioner of motor vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02433 Detail]
Download: New_York-2019-A02433-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2433 2019-2020 Regular Sessions IN ASSEMBLY January 22, 2019 ___________ Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the trans- portation of loose substances in open vehicles The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 380-a of the vehicle and traffic law, as added by 2 chapter 418 of the laws of 1975 and subdivision 1 as amended by chapter 3 369 of the laws of 1987, is amended to read as follows: 4 § 380-a. Certain vehicles engaged in the transportation of loose 5 cargo. 1. It shall be unlawful [to operate on any public highway any6open truck or trailer being utilized for the transportation of any loose7substances, unless said truck or trailer has a cover, tarpaulin or other8device of a type and specification approved by the commissioner of9transportation which completely closes in the opening on the said truck10or trailer while said truck or trailer shall be so operated, so as to11prevent the falling of any such substances therefrom. However, if the12load is arranged so that no loose substance can fall from or blow out of13such truck, the covering is not necessary.] for a commercial operator of 14 a motor vehicle to transport loose substances in an open vehicle without 15 the use of a mechanism, approved by the commissioner of transportation, 16 to prevent loose substances from becoming dislodged or removed from such 17 vehicle during transport. 18 2. It shall be unlawful for a commercial operator of a motor vehicle 19 to transport loose substances in a vehicle without the use of splash 20 guards, approved by the commissioner of motor vehicles, to prevent 21 substances from being thrown by such vehicle during travel. 22 [2.] 3. The commissioner of transportation is authorized to make 23 necessary rules and regulations to carry into effect the provisions of 24 this section, applying such provisions to specific conditions and loads EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00127-01-9A. 2433 2 1 and prescribing means, methods and practices to effectuate such 2 provisions. 3 [3.] 4. The provisions of this section shall not apply to motor vehi- 4 cles, trailers and semitrailers conveying "farm products" as defined in 5 section two of the agriculture and markets law. 6 § 2. This act shall take effect one year after it shall have become a 7 law.