Bill Text: NY A01838 | 2023-2024 | General Assembly | Amended

New York Assembly Bill 1838

Bill Title: Requires the display of charter bus driver qualifications prominently while they are on duty.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed) 2024-01-17 - REFERRED TO CODES [A01838 Detail]

Download: New_York-2023-A01838-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         1838--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of A. KIM, EACHUS, SIMON, BENDETT, DeSTEFANO -- read
          once and referred to the  Committee  on  Transportation  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the vehicle and traffic law, in relation to the display-
          ing  of  charter  bus driver qualifications while they are on duty and
          the review of charter bus driver files

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 509-dd to read as follows:
     3    § 509-dd. Passenger motor carrier information. (a) The commissioner of
     4  transportation, in consultation with the commissioner,  shall  establish
     5  requirements  for  motor carriers required to obtain approval to operate
     6  in this state as a contract carrier of passengers by motor vehicle  from
     7  the commissioner of transportation for purposes of establishing conspic-
     8  uous  display  of valid operating authority, inspection information, and
     9  driver qualifications at locations where  such  motor  carriers  perform
    10  contract  carrier services with charter buses and within any charter bus
    11  used to provide such services.
    12    (b) For the purposes of this section: (i) "charter bus" shall  mean  a
    13  bus  transporting passengers for compensation in a chartered party; (ii)
    14  "chartered party" shall mean a group  of  persons  who,  pursuant  to  a
    15  common  purpose  and under a single contract and at a fixed charge, have
    16  acquired exclusive use of a bus to travel  together  as  a  group  to  a
    17  specific destination or for a particular itinerary either agreed upon in
    18  advance or modified after having left the place of origin by such group;
    19  and  (iii)  "contract carrier of passengers by motor vehicle" shall have
    20  the same meaning as such term is defined by subdivision nine of  section
    21  two of the transportation law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05605-02-3

        A. 1838--A                          2

     1    § 2. Subdivision 1 of section 509-m of the vehicle and traffic law, as
     2  amended  by  chapter  12  of  the  laws  of  2020, is amended to read as
     3  follows:
     4    1.  At  least  once  every three years, review the bus driver files of
     5  each motor carrier, provided, however, that the commissioner may  review
     6  such  bus  driver  files  at  [his] the commissioner's discretion at any
     7  other time during regular business hours. Provided,  however,  that  the
     8  commissioner shall review at least annually the bus driver files of each
     9  driver employed by a motor carrier who operates an altered motor vehicle
    10  commonly  referred to as a "stretch limousine" designed to carry nine or
    11  more passengers including the driver  pursuant  to  operating  authority
    12  issued  by  the  commissioner  of  transportation or employed by a motor
    13  carrier who operates a charter bus as  defined  by  subdivision  (b)  of
    14  section  five  hundred  nine-dd  of  this  article pursuant to operating
    15  authority issued by the commissioner  of  transportation,  and  annually
    16  verify whether each such driver holds a valid driver's license valid for
    17  the  operation  of  such  altered  motor vehicle or such charter bus, as
    18  applicable.
    19    § 3. This act shall take effect on the first of April next  succeeding
    20  the date on which it shall have become a law. Effective immediately, the
    21  addition,  amendment  and/or  repeal of any rule or regulation necessary
    22  for the implementation of this act on its effective date are  authorized
    23  to be made and completed on or before such effective date.