Bill Text: NY A05669 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires a study of the performance of the state's roadways in reducing the risk of motor vehicles departing the travel lane and overturning, or colliding with fixed objects, or colliding with motorized or non-motorized vehicles or pedestrians, or leaving the roadway; further requires the commissioner of transportation and the thruway authority to submit a report to the governor and legislature and prohibits any data from the study to be used in certain court proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-22 - print number 5669a [A05669 Detail]

Download: New_York-2013-A05669-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5669--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2013
                                      ___________
       Introduced by M. of A. CRESPO -- read once and referred to the Committee
         on Transportation -- recommitted to the Committee on Transportation in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to amend the transportation law and the public authorities law,
         in relation to the study and examination of the state's  roadways  and
         the thruway in reducing certain motor vehicle risks
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 14 of the transportation law is amended by  adding
    2  a new subdivision 36 to read as follows:
    3    36.  TO  STUDY  AND EXAMINE THE PERFORMANCE OF THE STATE'S ROADWAYS IN
    4  REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND  OVER-
    5  TURNING, OR COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTORIZED OR
    6  NON-MOTORIZED  VEHICLES  OR  PEDESTRIANS,  OR  LEAVING THE ROADWAY. SUCH
    7  STUDY AND EXAMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO, SEGMENTS  OF
    8  THE  STATE'S  ROADWAYS WITH A HIGH NUMBER OF FATAL CRASHES, AND SEGMENTS
    9  OF ROADWAY WITH HAZARDOUS FEATURES SUCH AS  STEEP  SLOPES,  EMBANKMENTS,
   10  CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE COMMISSIONER SHALL SUBMIT
   11  A  REPORT ON LANE DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE,
   12  BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO  THOUSAND  FIFTEEN  AND
   13  ANNUALLY  THEREAFTER,  TO  THE GOVERNOR AND THE LEGISLATURE WHICH REPORT
   14  SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER  AND  TYPE  OF
   15  TRAVEL LANE DEPARTURE CRASHES ON THE STATE'S ROADWAYS INCLUDING, BUT NOT
   16  LIMITED  TO,  FIXED  OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND SIDESWIPE
   17  CRASHES, ROADWAY DEPARTURES, AND THOSE INVOLVING NON-MOTORIZED  VEHICLES
   18  AND  PEDESTRIANS;  (B)  THE  EXTENT TO WHICH THE DEPARTMENT HAS ANALYZED
   19  CRASH DATA AND IDENTIFIED AND CONSIDERED THE SAFETY NEEDS OF THE STATE'S
   20  ROADWAYS  INCLUDING  BUT  NOT  LIMITED  TO  HIGH-FATALITY  SEGMENTS  AND
   21  SEGMENTS  WITH  HAZARDOUS  FEATURES  SUCH  AS STEEP SLOPES, EMBANKMENTS,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08589-03-4
       A. 5669--A                          2
    1  CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER;  AND  (C)  THE  MEASURES  AND
    2  STRATEGIES THAT THE DEPARTMENT HAS UNDERTAKEN, OR PLANS TO UNDERTAKE, TO
    3  IMPROVE  ROADWAY PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL
    4  LANE  DEPARTURES AND CRASHES.  NO PROVISION OF THIS SUBDIVISION SHALL BE
    5  DEEMED TO CONFLICT WITH  OR  SUPERSEDE  THE  EVIDENTIARY  AND  DISCOVERY
    6  PROTECTIONS AND RIGHTS AS PROVIDED FOR IN FEDERAL OR STATE LAW. NOTWITH-
    7  STANDING  ANY  OTHER  PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES,
    8  LISTS, OR DATA COMPILED OR COLLECTED FOR  THE  PURPOSE  OF  IDENTIFYING,
    9  EVALUATING,  OR  PLANNING  THE  SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT
   10  SITES,  HAZARDOUS  ROADWAY  CONDITIONS,  OR  RAILWAY-HIGHWAY  CROSSINGS,
   11  PURSUANT  TO  FEDERAL  OR STATE LAW OR FOR THE PURPOSE OF DEVELOPING ANY
   12  HIGHWAY SAFETY CONSTRUCTION IMPROVEMENT PROJECT SHALL NOT BE SUBJECT  TO
   13  DISCOVERY OR ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEED-
   14  ING  OR  CONSIDERED FOR OTHER PURPOSES IN ANY ACTION FOR DAMAGES ARISING
   15  FROM ANY OCCURRENCE  AT  A  LOCATION  MENTIONED  OR  ADDRESSED  IN  SUCH
   16  REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA.
   17    S  2. Section 361 of the public authorities law is amended by adding a
   18  new subdivision 3 to read as follows:
   19    3. THE AUTHORITY SHALL STUDY AND EXAMINE THE PERFORMANCE OF THE  THRU-
   20  WAY IN REDUCING THE RISK OF MOTOR VEHICLES DEPARTING THE TRAVEL LANE AND
   21  OVERTURNING,  OR  COLLIDING WITH FIXED OBJECTS, OR COLLIDING WITH MOTOR-
   22  IZED OR NON-MOTORIZED VEHICLES OR PEDESTRIANS, OR LEAVING  THE  THRUWAY.
   23  SUCH  STUDY  AND  EXAMINATION  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO,
   24  SEGMENTS OF THE THRUWAY  WITH  A  HIGH  NUMBER  OF  FATAL  CRASHES,  AND
   25  SEGMENTS  WITH  HAZARDOUS  FEATURES  SUCH  AS STEEP SLOPES, EMBANKMENTS,
   26  CLIFFS, DROP-OFFS OR DEEP BODIES OF WATER. THE AUTHORITY SHALL SUBMIT  A
   27  REPORT  ON  LANE  DEPARTURES, UTILIZING EXISTING DATA WHENEVER POSSIBLE,
   28  BEGINNING NO LATER THAN AUGUST THIRTY-FIRST, TWO  THOUSAND  FIFTEEN  AND
   29  ANNUALLY  THEREAFTER,  TO  THE GOVERNOR AND THE LEGISLATURE WHICH REPORT
   30  SHALL INCLUDE BUT SHALL NOT BE LIMITED TO: (A) THE NUMBER  AND  TYPE  OF
   31  TRAVEL  LANE DEPARTURE CRASHES ON THE THRUWAY INCLUDING, BUT NOT LIMITED
   32  TO, FIXED OBJECT, HEAD-ON, CROSS-OVER, ROLLOVER AND  SIDESWIPE  CRASHES,
   33  ROADWAY  DEPARTURES,  AND  THOSE  INVOLVING  NON-MOTORIZED  VEHICLES AND
   34  PEDESTRIANS; (B) THE EXTENT TO WHICH THE AUTHORITY  HAS  ANALYZED  CRASH
   35  DATA  AND  IDENTIFIED  AND  CONSIDERED  THE  SAFETY NEEDS OF THE THRUWAY
   36  INCLUDING BUT NOT LIMITED TO HIGH-FATALITY SEGMENTS  AND  SEGMENTS  WITH
   37  HAZARDOUS  FEATURES SUCH AS STEEP SLOPES, EMBANKMENTS, CLIFFS, DROP-OFFS
   38  OR DEEP BODIES OF WATER; AND (C) THE MEASURES AND  STRATEGIES  THAT  THE
   39  AUTHORITY  HAS  UNDERTAKEN,  OR  PLANS  TO UNDERTAKE, TO IMPROVE THRUWAY
   40  PERFORMANCE AND REDUCE THE RISK OF MOTOR VEHICLE TRAVEL LANE  DEPARTURES
   41  AND  CRASHES.    NO  PROVISION  OF  THIS  SUBDIVISION SHALL BE DEEMED TO
   42  CONFLICT WITH OR SUPERSEDE THE EVIDENTIARY AND DISCOVERY PROTECTIONS AND
   43  RIGHTS AS PROVIDED FOR IN FEDERAL  OR  STATE  LAW.  NOTWITHSTANDING  ANY
   44  OTHER  PROVISION OF LAW, ANY REPORTS, SURVEYS, SCHEDULES, LISTS, OR DATA
   45  COMPILED OR COLLECTED FOR THE PURPOSE  OF  IDENTIFYING,  EVALUATING,  OR
   46  PLANNING  THE  SAFETY ENHANCEMENT OF POTENTIAL ACCIDENT SITES, HAZARDOUS
   47  ROADWAY CONDITIONS, OR RAILWAY-HIGHWAY CROSSINGS, PURSUANT TO FEDERAL OR
   48  STATE  LAW  OR  FOR  THE  PURPOSE  OF  DEVELOPING  ANY  HIGHWAY   SAFETY
   49  CONSTRUCTION  IMPROVEMENT  PROJECT  SHALL NOT BE SUBJECT TO DISCOVERY OR
   50  ADMITTED INTO EVIDENCE IN A FEDERAL OR STATE COURT PROCEEDING OR CONSID-
   51  ERED FOR OTHER PURPOSES IN ANY  ACTION  FOR  DAMAGES  ARISING  FROM  ANY
   52  OCCURRENCE  AT  A  LOCATION  MENTIONED  OR  ADDRESSED  IN  SUCH REPORTS,
   53  SURVEYS, SCHEDULES, LISTS, OR DATA.
   54    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   55  have become a law.