PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
Amendment of Part 58 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 375(10)(f)
Subject:
Rear object detection systems.
Purpose:
To require all garbage trucks operated in Westchester County purchased on or after Jan. 1, 2008 to be equipped with mirrors or other rear detection devices as mandated by L. 2006, ch. 686.
Text of proposed rule:
58.8 Rear Object detection systems. (a) Notwithstanding any other provision in this part, every single-unit motor vehicle registered in this state, operated for commercial purposes and having a cube style or enclosed walk-in delivery bay, where such delivery bay has a length of eight feet six inches or more, but not exceeding a length of eighteen feet, or every sani-van and motor vehicle commonly classified as a garbage truck purchased on or after January 1, 2008 and registered in New York State, which is operated in and engages in the collection of garbage or refuse in the county of Westchester shall be equipped with a cross-view back-up mirror system, rear video system, or rear object detection system. The provisions of this section shall not apply to motor vehicles commonly classified as rolloff vehicles that are used for the express purpose of transporting waste containers such as open boxes or compactors.
Text of proposed rule and any required statements and analyses may be obtained from:
Michele L. Welch, Counsel's Office, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Data, views or arguments may be submitted to:
Ida L. Traschen, Supervising Attorney, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Vehicle and Traffic Law section 215(a) provides that the Commissioner of Motor Vehicles may enact rules and regulations that regulate and control the exercise of the powers of the Department. VTL section 375(10)(f) authorizes the Commissioner of Motor Vehicles to promulgate regulations to provide specifications for mirrors and rear objection detection devices that are to be installed on sani-vans and garbage trucks that operate in Westchester County.
2. Legislative objectives: This proposal is consistent with the legislative objective, as set forth in Chapter 686 of the Laws of 2006, of requiring all sani-vans and garbage trucks that operate in Westchester County to be equipped with a mirror or other rear object detection device. By specifying the particular devices that are required on these motor vehicles, the regulation will meet the legislative objective of reducing the number of deaths and injuries incurred by sanitation workers.
3. Needs and benefits: As the sponsor's Memorandum in Support for Chapter 686 of the Laws of 2006 explains, several sanitation workers in Westchester County have been injured or killed in the performance of their duties because they were situated in a location near the vehicle where they could not be easily viewed by the driver. This regulation is needed to improve the safety conditions for these sanitation workers. Injuries and deaths will be reduced if all sani-vans and garbage trucks are equipped with mirrors, rear video systems, or other rear object detection devices. The mandated devices will allow the driver of the vehicle to more readily observe a worker who is behind such vehicle. Thus, this proposal will have a significant benefit for sanitation workers by reducing the number who are injured or killed by the vehicle on which they are performing their duties.
4. Costs: There are no costs to state agencies.
In terms of local governments, the Westchester County Solid Waste Commission estimates that of the 44 municipalities in Westchester County, approximately 25–30 provide hauling services for residents of those municipalities. These municipalities include the cities of Mount Vernon, New Rochelle, Peekskill, Rye, White Plains, and Yonkers. The regulation will also impact the approximately 135 trash haulers in Westchester County. The Department's Office of Vehicle Safety surveyed various websites to ascertain retail costs for the various devices. Vehicle Safety also spoke with representatives of three refuse haulers in Westchester County, whose names will remain anonymous so as not to impair their competitive position. The survey and interviews revealed the following costs:
Cross view mirrors: Cost between $50 and $120 including installation.
Closed Circuit Television: Wide range in cost of $400 to $4,000 including installation.
Rear object detection device: Cost between $325 to $700 including installation.
All representatives indicated that it was common for companies to install these devices on their vehicles because the driver is afforded a more expansive view of objects behind the vehicle.
The regulation does not require retrofitting. It only applies to vehicles purchased on or after January 1, 2008.
5. Local government mandates: All municipally owned sani-vans and garbage trucks, purchased on or after January 1, 2008, must be equipped with one of the designated rear detection devices.
6. Paperwork: The proposal does not require any new paperwork or reporting requirements.
7. Duplication: This proposal does not duplicate, overlap or conflict with any relevant rule or legal requirement of the State and federal governments.
8. Alternatives: No significant alternatives were considered. A no action alternative was not considered.
9. Federal standards: The proposal does not exceed any minimum standards of the federal government for the same or similar subject areas.
10. Compliance schedule: The regulations will apply to all sani-vans and garbage trucks purchased on or after January 1, 2008.
Regulatory Flexibility Analysis
1. Effect of rule: The Westchester County Solid Waste Commission estimates that of the 135 garbage haulers in Westchester County, approximately 90% are small businesses. The Commission also estimates that of the 44 municipalities in Westchester County, approximately 25–30 provide hauling services for residents of those municipalities. These municipalities include the cities of Mount Vernon, New Rochelle, Peekskill, Rye, White Plains, and Yonkers.
2. Compliance requirements: There are no reporting or recordkeeping requirements associated with this rule. However, the small businesses and local governments will need to purchase and install mirrors or other rear detection devices for all sani-vans or garbage trucks purchased on or after January 1, 2008.
3. Professional services: Small businesses and local governments may need to avail themselves of professional services provided by companies that can install the mirrors or rear detection devices.
4. Compliance costs: The Department estimates the following costs for purchase and installation of the devices.
Cross view mirrors: Cost between $50 and $120 including installation.
Closed Circuit Television: Wide range in cost of $400 to $4,000 including installation.
Rear object detection device: Cost between $325 to $700 including installation.
The small businesses and local governments will be responsible for maintaining the equipment in good working order. The costs will be the same for small businesses and local governments.
5. Economic and technological feasibility: The devices described above may be purchased from many sources. The small businesses and local governments may need to hire professionals to install and maintain the devices.
6. Minimizing adverse impact: This rule is submitted as the result of Chapter 686 of the Laws of 2006. Since the law does not exempt small businesses or local governments from the statutory requirements, the agency could not exempt such businesses or governments. The costs of the devices vary greatly, as do the types of devices an entity may purchase. Thus, the small businesses and local governments will have a variety of options to choose from in order to minimize any adverse impact.
7. Small business and local government participation: The Department consulted with the Westchester County Solid Waste Commission and three businesses about the rule's impact on small businesses and local governments. In addition, we sent a written survey to about 30 businesses to gauge the impact of the rule on those businesses. Not one of the 30 businesses responded to our survey. Thus, we gave a variety of entities the opportunity to comment on the proposed rule.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not submitted with this proposed rule because it has no adverse or disproportionate impact on rural areas of New York State.
Job Impact Statement
A Job Impact Statement is not submitted with this proposal because it will have no adverse impact on job development in New York State.
