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

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

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8119
                              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
       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.
                                                                  LBD11434-01-5
       A. 8119                             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 OR TELECOMMUNICATIONS CORPORATION, AS THOSE TERMS ARE DEFINED  IN
   13  THE  PUBLIC SERVICE LAW, A TRANSPORTATION CORPORATION, AS DEFINED IN THE
   14  TRANSPORTATION CORPORATION LAW,  OR  A  WIRELESS  COMMUNICATION  SERVICE
   15  SUPPLIER,  AS  DEFINED  IN 47 USC S 332(D) AS AMENDED FROM TIME TO TIME.
   16  THE TERM "DIRECTLY ENGAGED"  SHALL  INCLUDE  TRANSIT  TO  AND  FROM  ANY
   17  IMPROVEMENT, REPAIR OR MAINTENANCE SUBJECT TO A VALID WORK ORDER.
   18    2. NO COMMERCIAL VEHICLE SHALL BE SUBJECT TO AN EXCLUSION AS SET FORTH
   19  IN  PARAGRAPH ONE OF THIS SUBDIVISION UNLESS THE OPERATION OF SUCH VEHI-
   20  CLE ON A STATE HIGHWAY OR PARKWAY MEETS THE FOLLOWING TERMS  AND  CONDI-
   21  TIONS:
   22    (I)  THE  VEHICLE  IS REGISTERED OR LEASED TO A VALID CRITICAL SERVICE
   23  BUSINESS;
   24    (II) THE OPERATOR HAS IN HIS OR HER POSSESSION A VALID WORK  ORDER  TO
   25  CONDUCT A CRITICAL BUSINESS SERVICE;
   26    (III) THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF LESS THAN EIGHT
   27  THOUSAND FIVE HUNDRED 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.