New Local Law needed to reimburse for municipal damages to private property

New Local Law needed to reimburse for municipal damages to private property

Recent signers:
Cynthia Lettiere and 19 others have signed recently.

The Issue

We, the undersigned, believe that the town of Greenburgh and all municipalities in New York State should adopt a law that would require local governments to reimburse residents for damages to their property if a municipal truck during a snowstorm slid into a residents property and caused damage.

 

During this past winter, a resident of Greenburgh experienced property damage when a town truck damaged her property. The town claims they were not negligent. The resident was also not responsible in any way for the damages. We believe that local governments, including Greenburgh, should adopt a law that would allow for reimbursement if a resident can show proof that the damages were caused by the local government and if both sides agree that the resident was not in any way responsible.

 

The existing law is as follows:

 

New York Consolidated Laws, Vehicle and Traffic Law - VAT § 1103. Public officers and employees to obey title; exceptions

 

(a) The provisions of this title applicable to the drivers of vehicles upon the highways shall apply to drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this title with reference to authorized emergency vehicles.

 

(b) Unless specifically made applicable, the provisions of this title, except the provisions of sections eleven hundred ninety-two through eleven hundred ninety-six of this chapter, shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work on a highway nor shall the provisions of subsection (a) of section twelve hundred two apply to hazard vehicles while actually engaged in hazardous operation on or adjacent to a highway but shall apply to such persons and vehicles when traveling to or from such hazardous operation. The foregoing provisions of this subdivision shall not relieve any person, or team or any operator of a motor vehicle or other equipment while actually engaged in work on a highway from the duty to proceed at all times during all phases of such work with due regard for the safety of all persons nor shall the foregoing provisions protect such persons or teams or such operators of motor vehicles or other equipment from the consequences of their reckless disregard for the safety of others.

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Recent signers:
Cynthia Lettiere and 19 others have signed recently.

The Issue

We, the undersigned, believe that the town of Greenburgh and all municipalities in New York State should adopt a law that would require local governments to reimburse residents for damages to their property if a municipal truck during a snowstorm slid into a residents property and caused damage.

 

During this past winter, a resident of Greenburgh experienced property damage when a town truck damaged her property. The town claims they were not negligent. The resident was also not responsible in any way for the damages. We believe that local governments, including Greenburgh, should adopt a law that would allow for reimbursement if a resident can show proof that the damages were caused by the local government and if both sides agree that the resident was not in any way responsible.

 

The existing law is as follows:

 

New York Consolidated Laws, Vehicle and Traffic Law - VAT § 1103. Public officers and employees to obey title; exceptions

 

(a) The provisions of this title applicable to the drivers of vehicles upon the highways shall apply to drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this title with reference to authorized emergency vehicles.

 

(b) Unless specifically made applicable, the provisions of this title, except the provisions of sections eleven hundred ninety-two through eleven hundred ninety-six of this chapter, shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work on a highway nor shall the provisions of subsection (a) of section twelve hundred two apply to hazard vehicles while actually engaged in hazardous operation on or adjacent to a highway but shall apply to such persons and vehicles when traveling to or from such hazardous operation. The foregoing provisions of this subdivision shall not relieve any person, or team or any operator of a motor vehicle or other equipment while actually engaged in work on a highway from the duty to proceed at all times during all phases of such work with due regard for the safety of all persons nor shall the foregoing provisions protect such persons or teams or such operators of motor vehicles or other equipment from the consequences of their reckless disregard for the safety of others.

The Decision Makers

Greenburgh Town Council
3 Members
Francis Sheehan
Greenburgh Town Council
Gina Jackson
Greenburgh Town Council
Ellen Hendrickx
Greenburgh Town Council
Andrea Stewart-Cousins
New York State Senate - District 35
MaryJane Shimsky
New York State Assembly - District 92
Joy Haber
Joy Haber
Greenburgh Town Council
New York State Legislator
New York State Legislator

Supporter Voices

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