Bill Text: NY A08119 | 2015-2016 | General Assembly | Amended

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Bill Title: Authorizes and regulates the operation of commercial vehicles directly engaged in a critical service business activity on state highways and parkways which are subject to the jurisdiction of the department of transportation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A08119 Detail]

Download: New_York-2015-A08119-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8119--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 9, 2015
                                      ___________
       Introduced by M. of A. PAULIN -- read once and referred to the Committee
         on  Transportation  --  committee  discharged,  bill  amended, ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the vehicle and traffic law, in relation  to  exceptions
         from  prohibitions  on the operation of commercial vehicles on certain
         state highways and parkways
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraphs 9 and 22 of subdivision (a) of section 1621 of
    2  the vehicle and traffic law, paragraph 9 as amended and paragraph 22  as
    3  added  by  chapter  1008  of  the  laws  of 1983, are amended to read as
    4  follows:
    5    9. Exclude  trucks,  commercial  vehicles,  tractors,  tractor-trailer
    6  combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
    7  trailer  combinations  from highways specified by the commissioner. Such
    8  exclusion shall not be construed to prevent the delivery  or  pickup  of
    9  merchandise  or  other property along the highways from which such vehi-
   10  cles and combinations are otherwise excluded, NOR SHALL  SUCH  EXCLUSION
   11  APPLY TO CERTAIN COMMERCIAL VEHICLES DIRECTLY ENGAGED IN THE PERFORMANCE
   12  OF A CRITICAL SERVICE BUSINESS AND SUBJECT TO A VALID WORK ORDER.
   13    22.  Exclude  trucks,  commercial  vehicles, tractors, tractor-trailer
   14  combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
   15  trailer combinations in excess  of  any  designated  weight,  designated
   16  length,  designated height, or eight feet in width, from highways or set
   17  limits on hours of operation of such vehicles on particular state  high-
   18  ways or segments of such highways. Such exclusion shall not be construed
   19  to prevent the delivery or pickup of merchandise or other property along
   20  the  highways  from  which  such  vehicles or combinations are otherwise
   21  excluded, NOR SHALL SUCH EXCLUSION APPLY TO CERTAIN COMMERCIAL  VEHICLES
   22  DIRECTLY  ENGAGED  IN THE PERFORMANCE OF A CRITICAL SERVICE BUSINESS AND
   23  SUBJECT TO A VALID WORK ORDER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11434-05-5
       A. 8119--A                          2
    1    S 2. Section 1621 of the vehicle and traffic law is amended by  adding
    2  a new subdivision (e) to read as follows:
    3    (E)  1.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, AND
    4  SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN PARAGRAPH TWO  OF  THIS
    5  SUBDIVISION,  NO  RULE OR REGULATION OF THE DEPARTMENT OF TRANSPORTATION
    6  OR THE OFFICE OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  SHALL
    7  EXCLUDE  FROM ANY STATE HIGHWAY OR PARKWAY A COMMERCIAL VEHICLE DIRECTLY
    8  ENGAGED IN THE PERFORMANCE OF A CRITICAL  SERVICE  BUSINESS.    FOR  THE
    9  PURPOSES  OF  THIS  SECTION,  "CRITICAL SERVICE BUSINESS" SHALL MEAN THE
   10  IMPROVEMENT, REPAIR OR MAINTENANCE OF THE PROPERTY OR  EQUIPMENT  OF  AN
   11  ELECTRIC  CORPORATION, GAS CORPORATION, COMBINED ELECTRIC AND GAS CORPO-
   12  RATION, CABLE TELEVISION COMPANY OR TELECOMMUNICATIONS  CORPORATION,  AS
   13  THOSE  TERMS  ARE  DEFINED  IN  THE PUBLIC SERVICE LAW, A TRANSPORTATION
   14  CORPORATION, AS DEFINED IN THE  TRANSPORTATION  CORPORATION  LAW,  OR  A
   15  WIRELESS  COMMUNICATION  SERVICE SUPPLIER, AS DEFINED IN 47 USC S 332(D)
   16  AS AMENDED FROM TIME TO TIME. THE TERM "DIRECTLY ENGAGED" SHALL  INCLUDE
   17  TRANSIT  TO AND FROM ANY IMPROVEMENT, REPAIR OR MAINTENANCE SUBJECT TO A
   18  VALID WORK ORDER.
   19    2. NO COMMERCIAL VEHICLE SHALL BE SUBJECT TO AN EXCLUSION AS SET FORTH
   20  IN PARAGRAPH ONE OF THIS SUBDIVISION UNLESS THE OPERATION OF SUCH  VEHI-
   21  CLE  ON  A STATE HIGHWAY OR PARKWAY MEETS THE FOLLOWING TERMS AND CONDI-
   22  TIONS:
   23    (I) THE VEHICLE IS REGISTERED OR LEASED TO A  VALID  CRITICAL  SERVICE
   24  BUSINESS;
   25    (II)  THE  OPERATOR HAS IN HIS OR HER POSSESSION A VALID WORK ORDER TO
   26  CONDUCT A CRITICAL BUSINESS SERVICE;
   27    (III) THE VEHICLE WEIGHS LESS THAN TEN THOUSAND POUNDS;
   28    (IV) THE VEHICLE MEETS THE HEIGHT RESTRICTIONS FOR ANY SUCH HIGHWAY OR
   29  PARKWAY;
   30    (V) THE VEHICLE IS OPERATING WITH ALL EXTERNAL RUNNING LIGHTS  ON  AND
   31  AN  AMBER REVOLVING LIGHT LOCATED ON THE ROOF OF THE VEHICLE IS ENGAGED;
   32  AND
   33    (VI) THE VEHICLE IS SUBJECT TO AN APPROVED CERTIFICATE OF INSURANCE.
   34    3. NOTHING CONTAINED IN THIS SECTION SHALL BE  DEEMED  TO  IMPAIR  THE
   35  ABILITY  OF  THE  GOVERNOR  TO WAIVE ALL RESTRICTIONS FOR OPERATION ON A
   36  STATE HIGHWAY PURSUANT TO A DECLARED STATE OF EMERGENCY.
   37    S 3. This act shall take effect immediately.