Bill Text: NY S00243 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 243 (Prior Session Legislation)

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

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) 0000-00-00 - [S00243 Detail]

Download: New_York-2015-S00243-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          243
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02142-01-5
       S. 243                              2
    1    5.  THE  OPERATOR  OF  A  VEHICLE  WHO VIOLATES THE PROVISIONS OF THIS
    2  SECTION WHERE SUCH VIOLATION RESULTS IN THE SERIOUS PHYSICAL  INJURY  OF
    3  ANOTHER  PERSON,  AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, SHALL BE
    4  SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  NOR  MORE  THAN
    5  ONE  THOUSAND DOLLARS. ADDITIONALLY, A LICENSE POINT VALUE OF TWO POINTS
    6  SHALL BE APPLIED.
    7    6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  ANY  AUTOMOBILE
    8  TRANSPORTER, MOTORCYCLE, OR AUTHORIZED EMERGENCY VEHICLE.
    9    S 2. Section 125 of the vehicle and traffic law, as amended by chapter
   10  365 of the laws of 2008, is amended to read as follows:
   11    S 125. Motor  vehicles. Every vehicle operated or driven upon a public
   12  highway which is propelled by  any  power  other  than  muscular  power,
   13  except  (a)  electrically-driven mobility assistance devices operated or
   14  driven by a person with a disability, (a-1) electric personal  assistive
   15  mobility  devices  operated  outside  a  city  with  a population of one
   16  million or more, (b) vehicles which run only upon rails or  tracks,  (c)
   17  snowmobiles  as  defined in article forty-seven of this chapter, and (d)
   18  all terrain vehicles as defined in article forty-eight-B of  this  chap-
   19  ter.  For  the  purposes  of  title four of this chapter, the term motor
   20  vehicle shall exclude fire and police vehicles  other  than  ambulances.
   21  For  the  purposes  of  titles  four and five AND SECTION TWELVE HUNDRED
   22  TWENTY-NINE-E of this chapter the term motor vehicles shall exclude farm
   23  type tractors and all terrain type vehicles used exclusively  for  agri-
   24  cultural purposes, or for snow plowing, other than for hire, farm equip-
   25  ment,  including  self-propelled  machines  used exclusively in growing,
   26  harvesting or handling farm produce, and self-propelled  caterpillar  or
   27  crawler-type equipment while being operated on the contract site.
   28    S 3. This act shall take effect on the first of November next succeed-
   29  ing the date on which it shall have become a law.