Bill Text: NY A04417 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires charter buses to use commercial global positioning system technology which takes into account the minimum clearance of the motor vehicle.

Spectrum: Moderate Partisan Bill (Democrat 16-5)

Status: (Vetoed) 2019-12-06 - VETOED MEMO.177 [A04417 Detail]

Download: New_York-2019-A04417-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4417--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019
                                       ___________

        Introduced  by  M. of A. DenDEKKER, COLTON, M. G. MILLER, DICKENS, COOK,
          D'URSO, TAYLOR,  NIOU,  MOSLEY,  SOLAGES,  McDONOUGH,  MONTESANO,  RA,
          LAWRENCE,  GOTTFRIED  --  Multi-Sponsored  by -- M. of A. ENGLEBRIGHT,
          GALEF, MORINELLO, NOLAN, SIMON, THIELE -- 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 requiring
          charter buses to use commercial global positioning system technology

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

     1    Section  1.   Section 375 of the vehicle and traffic law is amended by
     2  adding a new subdivision 54 to read as follows:
     3    54. Charter bus commercial GPS. (a) Every charter  bus  registered  in
     4  this  state  shall  be equipped with commercial global positioning (GPS)
     5  technology.
     6    (b) It shall be unlawful to operate or cause to be operated a  charter
     7  bus  registered in this state on any public highway or private road open
     8  to public motor vehicle traffic unless such charter bus is equipped with
     9  commercial global positioning system (GPS)  technology  as  required  by
    10  this subdivision.
    11    (c) For the purposes of this subdivision:
    12    (i) "Charter bus" shall mean a bus transporting passengers for compen-
    13  sation in chartered party.
    14    (ii)  "Chartered party" shall mean a group of persons who, pursuant to
    15  a 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    (iii)  "Commercial  global  positioning system (GPS) technology" shall
    20  mean global positioning system (GPS) technology which has  been  specif-
    21  ically designed to assist in the navigation of commercial motor vehicles

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08020-02-9
        A. 4417--A                          2

     1  which  includes,  but  is not limited to, selection of routes which take
     2  into account the minimum clearance, weight restriction or turning radius
     3  of such commercial motor vehicle.
     4    §  2.  This  act shall be deemed repealed if any federal agency or any
     5  court of competent jurisdiction finally determines that this  act  would
     6  render New York state out of compliance with federal law or regulation.
     7    §  3.  Severability.  If any clause, sentence, subdivision, paragraph,
     8  section or part of this act be adjudged by any court of competent juris-
     9  diction to be invalid, such judgment shall not affect, impair or invali-
    10  date the remainder thereof, but shall be confined in  its  operation  to
    11  the  clause,  sentence,  subdivision, paragraph, section or part thereof
    12  directly involved in the controversy in which such judgment  shall  have
    13  been rendered.
    14    §  4. This act shall take effect one year after it shall have become a
    15  law; provided that the commissioner of transportation shall  notify  the
    16  legislative   bill  drafting  commission  upon  the  occurrence  of  the
    17  provisions of section two of this act in order that the  commission  may
    18  maintain an accurate and timely effective data base of the official text
    19  of  the laws of the state of New York in furtherance of effectuating the
    20  provisions of section 44 of the legislative law and section 70-b of  the
    21  public  officers  law.  Effective  immediately,  the addition, amendment
    22  and/or repeal of any rule or regulation necessary for the implementation
    23  of this act on  its  effective  date  are  authorized  to  be  made  and
    24  completed on or before such effective date.