BILL NUMBER: S7979
SPONSOR: GOUNARDES
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to certain
requirements for side under-ride guards
 
PURPOSE OR GENERAL IDEA OF BILL:
To require that trucks in the state fleet have side under-ride guards
installed and to require that large commercial trucks have side under-
ride guards installed when driving in New York City.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 375 of vehicle and traffic law by adding a new
subdivision 10-f which requires vehicles weighing 26,000 pounds or more
to have side under-ride guards installed when driving in cities with a
population of one million people or more within 24 months of the effec-
tive date.
Section 2 amends Section 375 of vehicle and traffic law by adding a new
subdivision 55 which requires vehicles weighing 10,000 pounds or more in
the state fleet to have side under-ride guards installed within 24
months of the effective date. This new subdivision also provides the
commissioner with the authority to grant exemptions to this requirement
and promulgate rules related to side guard specifications and
inspections.
 
JUSTIFICATION:
Side under-ride guards are a simple, cost effective safety measure to
protect pedestrians, cyclists, and passenger vehicle occupants in colli-
sions with the side of a large truck. Researchers at the Federal Depart-
ment of Transportation found that side under-ride guards have the poten-
tial to save the lives of 52 cyclists and pedestrians each year. The UK,
which has had a national side guard requirement since the 1980s, experi-
enced a 61 percent decrease in fatalities in cyclist collisions with the
side of a truck and a 20 percent decrease in fatalities in pedestrian
collisions with the side of a truck, according to a joint report by
Volpe and the NYC DCAS. An examination of crashes between passenger
vehicles and the side of a truck in the Large Truck Crash Causation
Study (LTCCS) found that side under-ride guards would have reduced the
severity of three quarters of crashes in the study that resulted in
serious injuries or fatalities.
While federal standards and requirements exist for rear under-ride
guards, the NHTSA has been unwilling to extend these requirements to the
sides of large trucks. Cities and states have stepped in, recognizing
the need for side under-ride guards to protect communities. Boston,
Washington D.C., and New York City have all implemented side guard
requirements on their municipal fleets. NYC passed this local law in
2021, and thus far, there has been strong compliance across the city
fleet. This legislation utilizes a similar timeline and similar side
guard specifications for the state fleet, building upon the strong,
well-implemented program in NYC and following in the footsteps of Massa-
chusetts, which recently implemented a side guard mandate for its state
fleet. Additionally, this legislation requires side guards for vehicles
weighing 26,000 pounds or more that drive through NYC, modeled off
convex mirror requirements established in 2011 for these same vehicles.
By requiring side guards in the state fleet and in large vehicles in
NYC, this bill will expand a critical, life-saving safety feature to
thousands of trucks and semi-trailers and prevent deadly collisions
across New York.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act will take effect 180 days after it becomes law.

Statutes affected:
S7979: 375 vehicle and traffic law