Bill would make state responsible year-round for damage caused by potholes

The state would be responsible year-round for damage incurred to a motorist's vehicle because of potholes on state roadways under a bill sponsored by a pair of Republican lawmakers.

The bill, sponsored by State Sen. Alexis Weik (R-Sayville) and Assemb. Doug Smith (R-Holbrook), would end a blackout period, which begins Tuesday and continues through the end of April, where motorists cannot seek reimbursement from the state for damage to their vehicles.

Currently, motorists can sue for up to $5,000 to recover damages to their vehicles from May 1 through Nov. 15.

At a news conference Monday in Hauppauge, Weik called the conditions of major roadways throughout the region — most notably the Long Island Expressway — "deplorable" and said the state should be responsible for paying for repairs year-round.

"It is our job as state representatives to make sure that money is put into the budget every year," Weik said. "To make sure our roadways are repaved, repaired and maintained properly so, during the colder months, we don't have such destructive issues on our roadways, which lead to unsafe conditions and a lot of damages to cars."

Glenn Bain, a spokesman for the State Department of Transportation, said the agency does not comment on pending legislation.

While the DOT recently announced plans to repave the LIE from the Nassau-Suffolk border through Route 112, those repairs are several months away from being completed, officials said.

"We need to fix the roadways and then we need to stand by them," Smith said. "Our constituents pay a tremendous amount in property taxes and other taxes. They should expect that if something happens to their car, it will be covered."

Previous efforts by Democratic lawmakers to lift the blackout period, which is in place during the colder months when roads become heavily damaged by ice, precipitation and snow plows, have failed.

Nick LaMorte of American Bikers for Awareness, Training and Education, which represents motorcyclists, said potholes can be deadly for riders.

"This bill is a no-brainer," LaMorte said. "It's just common sense that the state is responsible year-round for damages, not just to four-wheel vehicles but to motorcycles."

Frank Delustro of Mastic Beach, who recently bought a new car said he has already had to replace all four tires and his front windshield — twice — because of potholes on the LIE.

"It's really horrible," said Delustro, who no longer travels on the expressway " … I am on not the only voice here about the situation. I am here speaking for those that have been stuck on that road."

With Barry Sloan

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.