Res. No. 426

Resolution calling upon the New York State Senate to adopt S.2210-B, which would require every truck, tractor, and tractor-trailer or semitrailer registered in New York State with a gross weight of 18,000 pounds or more to be equipped with a convex mirror on the front of such vehicle or combination of vehicles.

By Council Members Fidler, Comrie, Gennaro, Gentile, Gonzalez, Koppell, Mealy, Mendez, Nelson, Seabrook, Weprin and Mark-Viverito.

                     Whereas, Mirrors are an important tool in the prevention of traffic fatalities and injuries, because mirrors provide a driver with a view of persons, vehicles or objects that would not otherwise be visible; and

Whereas, State legislation, A.9704, was introduced in the State Assembly by Assembly Member Joan Millman, that would amend Section 375 of the State Vehicle and Traffic Law to require that every truck, tractor, and tractor-trailer or semi-trailer registered in New York State with a gross weight of 18,000 pounds or more be equipped with a convex mirrors on the front of such vehicle or combination of such vehicles; and

Whereas, When such a truck, tractor or trailer is being operated, such mirror can be adjusted to enable the operator to see all points on an imaginary horizontal line that is three feet above the road and one foot directly in front to the midpoint of the front of the vehicle, and which extends the full width of the front of the vehicle; and

Whereas, The use of such convex mirrors would therefore increase the visibility of persons or objects directly in front of such vehicles, and thus would provide an important safety enhancement; and

Whereas, The new requirement would only be applicable to vehicles on the road in New York City, but would include vehicles registered out-of-state; and

Whereas, A similar law passed in Suffolk County in 1999, which  required ice cream trucks to have convex mirrors; and

Whereas, While the proposed State law would regulate larger vehicles operating within and across State lines, the Memorandum in Support to this bill maintains that this is an area that the State can regulate, notwithstanding restrictions on State regulation of interstate traffic; and

Whereas, The bill would also provide that this law would be deemed repealed if any federal agency or any court of competent jurisdiction determines that it would render New York State ineligible for the receipt of federal funds; and

Whereas, The cost of the mirrors is minor, and can be offset as a legitimate business expense that will result in a better insurance rating; and

Whereas, The New York State Assembly passed A.9704 on June 14, 2006, but the Senate version of the bill, S.2210-B, was referred to the Senate Transportation Committee on January 4, 2006, and has remained there ever since; now, therefore, be it                        Resolved, That the Council of the City of New York calls upon the New York State Senate to adopt Senate bill S.2210-B, which would require every truck, tractor, and tractor-trailer or semitrailer registered in New York State with a gross weight of 18,000 pounds or more be equipped with a convex mirror on the front of such vehicle or combination of vehicles.