Sponsorship

A.227 - GANTT, CUSICK, TONKO, bradley, lavelle, magnarelli, pheffer, ramos / - -2

Memorandum in Support

BILL NUMBER: A227

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to riding in cargo areas of trucks

PURPOSE OR GENERAL IDEA OF BILL :

To prevent serious and fatal injuries to child passengers of pick-up trucks.

SUMMARY OF SPECIFIC PROVISIONS :

The bill would prohibit the operation of any truck on a public highway, private road open to public motor vehicle traffic, and parking lots, while any person under the age of eighteen is in the body or cargo area of the truck.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

Vehicle and Traffic Law Section 1222 allows the operation of an "auto truck" with persons under the age of eighteen in the body of such truck, for a distance of less than five miles. Section 1222 also allows such operation with passengers under the age of eighteen for more than five miles, if at least one person over the age of eighteen also rides in the body of such truck.

Vehicle and Traffic Law Section 1233 allows persons of any age to ride in the open, uncovered cargo area of a truck with the permission of the operator.

JUSTIFICATION :

Increasingly, people have been purchasing trucks for personal, rather than non-personal use. Given the limited seating capacity of these vehicles, children sometimes ride in the cargo area of pickup trucks. According to the National Highway Traffic Safety Administration (NHTSA), more than 200 people annually die as a result of riding in the cargo area, and more than half of these deaths are children and teenagers.

Riding in the cargo area of a truck, whether covered or not, is very dangerous. Passengers there are exposed not only to the possibility of being ejected from collisions, swerving, braking on rough roads, but also to carbon monoxide from exhaust fumes. When properly used, child restraints have proven to reduce critical or fatal injuries to children. No child should be exposed to the dangers of riding unrestrained, compounded by the additional dangers unique to riding in the cargo area of a truck. This bill is intended to prevent deaths and serious physical injuries to children.

Since the provisions of this bill would apply only while a truck is being operated on a public highway, private road open to public motor vehicle traffic, and any other parking lot (see Vehicle and Traffic Law Section 1100 subdivision (a)), it will not affect the ability of the agricultural community to carry out the various tasks associated with farming.

PRIOR LEGISLATIVE HISTORY : 2005-06: A.96 - Passed Assembly. 2003-04: A.601 - Passed Assembly. 2001-02: A.3512 - Passed Assembly.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : Undetermined possible minor increase in fine revenue

EFFECTIVE DATE : November 1 after enactment.