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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board has amended its Department of Transportation Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.

 

To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) has promulgated a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB has amended the default penalty for failure to provide adequate protection to be raised from $1,200 to $3,600.

 

The ECB held a public hearing on February 11, 2015 regarding amendments to its Department of Transportation Penalty (DOT) Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOT and two (2) individuals from the public attended the public hearing. Neither of the individuals from the public presented testimony on the proposed rule at the February 11, 2015, public hearing. ECB received one written comment on the proposed rule regarding amendments to its DOT Penalty Schedule.  

 

Effective Date: 
Sat, 05/09/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE OF RULE

 

The air cargo industry at John F. Kennedy International Airport (JFK) is an important source of jobs and economic activity in New York City. Air cargo employment at JFK depends on safe, convenient truck access to the airport.

 

For safety reasons, existing New York City Department of Transportation (NYC DOT) regulations have prohibited trucks with trailers longer than 55 feet in total combined length from using portions of certain highways that provide access to JFK.  However, a 2008 engineering study conducted by NYC DOT and the New York State Department of Transportation demonstrated that trucks with trailers up to 73 ½ feet in total combined length − including trucks with 53-foot trailers, the standard tractor trailer combination used in the air cargo industry − can be operated safely between the George Washington Bridge and JFK using the route described in this proposed rule. Thus, the current regulations put JFK, and New York City as a whole, at a disadvantage when competing against other airports in the area for airport-based jobs and economic activity, at a time when the New York City Economic Development Corporation and the Port Authority of New York and New Jersey are planning to invest in modern, on-airport cargo facilities.

 

These rules expand the transportation network upon which trucks with 53-foot trailers can operate in New York City.  It:

 

  • Provides a clearly defined, safe route for drivers to haul 53-foot trailers from the George Washington Bridge to JFK Airport, exclusively using designated highways instead of local streets;
  • Supports the growth of air cargo jobs at JFK; and
  • Continues to prohibit trucks with 53-foot trailers from being operated on any non-designated highway or street in New York City, such as destinations off the airport property in southern Queens.


The New York City Department of Transportation’s authority for these rules is found in sections 385 and 1642 of the New York State Vehicle and Traffic Law and section 2903(a)(1)of the New York City Charter.

Effective Date: 
Wed, 03/04/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 11, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate, for example.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.

 

To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) is proposing a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB is also proposing that the default penalty for failure to provide adequate protection be raised from $1,200 to $3,600.

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule regarding the failure to provide adequate protection at worksites.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan- Marino at (212) 436-0708 or Jim Macron at (212) 436-0602

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