A 2351: Sets certain requirements for side under-ride guards for state fleet vehicles.

  
  STATE OF NEW YORK ________________________________________________________________________ 2351 2025-2026 Regular Sessions  IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. GALLAGHER, KELLES -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to certain requirements for side under-ride guards The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 375 of the vehicle and traffic law is amended by 2 adding a new subdivision 10-f to read as follows: 3 10-f. Twenty-four months from the effective date of this subdivision, 4 every truck, tractor, and tractor-trailer or semitrailer combination 5 registered in this state having a gross vehicle weight rating of twen- 6 ty-six thousand pounds or more, and a conventional cab configuration in 7 which more than half of the engine length is forward of the foremost 8 point of the windshield base and the steering wheel hub is in the 9 forward quarter of the vehicle length, whenever operated within a city 10 having a population of one million or more on highways other than cont- 11 rolled-access highways, shall be equipped with side under-ride guards 12 affixed to the sides of such vehicles in a manner consistent with rules 13 and regulations that shall be promulgated by the commissioner, in 14 consultation with the commissioner of transportation. For the purposes 15 of this section, "side under-ride guard" shall mean a device fit 16 to the side of a large vehicle designed to prevent pedestrians and 17 bicyclists from falling into the exposed space between the front axle 18 and the rear axle of such vehicles and to prevent passenger vehicles 19 from sliding under such vehicles. The provisions of this subdivision do 20 not apply to trucks, tractors, and tractor-trailer or semitrailer combi- 21 nations in the state fleet or city fleet or in any city contracted vehi- 22 cle, as defined by section 6-141 of the administrative code of the city 23 of New York. The commissioner shall be authorized to promulgate any 24 rules necessary to inspect side under-ride guards and side under-ride EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03252-01-5 
 A. 2351 2 1 guard specifications for compliance with the requirements of this subdi- 2 vision. 3 § 2. Section 375 of the vehicle and traffic law is amended by adding a 4 new subdivision 58 to read as follows: 5 58. (a) For the purposes of this subdivision, "side under-ride guard" 6 shall mean a device fit to the side of a large vehicle designed to 7 prevent pedestrians and bicyclists from falling into the exposed space 8 between the front axle and the rear axle of such vehicles and to prevent 9 passenger vehicles from sliding under such vehicles. 10 (b) Twenty-four months from the effective date of this subdivision, 11 all vehicles with a manufacturer's gross vehicle weight rating exceeding 12 ten thousand pounds in the state fleet shall be equipped with side 13 under-ride guards affixed to the sides of such vehicles in a manner 14 consistent with rules and regulations that shall be promulgated by 15 the commissioner, in consultation with the commissioner of transporta- 16 tion. The commissioner shall have the authority to promulgate any rules 17 necessary to administer the provisions of this subdivision, including 18 but not limited to rules governing when the installation of side 19 under-ride guards on certain vehicles in the state fleet is impracti- 20 cal or will disrupt provision of public safety or public health 21 services and will not be required. Such rules may also govern when 22 written exemptions may be authorized, including due to limitations in 23 vendor capacity to supply side under-ride guards and circumstances in 24 which state-owned vehicles are in the order cycle for replacement. The 25 commissioner shall be authorized to promulgate any rules necessary to 26 inspect side under-ride guards and side under-ride guard specifications 27 for compliance with the requirements of this subdivision. 28 § 3. This act shall take effect on the one hundred eightieth day after 29 it shall have become a law. Effective immediately, the addition, amend- 30 ment and/or repeal of any rule or regulation necessary for the implemen- 31 tation of this act on its effective date are authorized to be made and 32 completed on or before such effective date.