Bill Text: NY A04782 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires owners of limousines and similar vehicles to fix issues with such vehicles within 10 days after a failed safety inspection; and penalizes persons that perform safety inspections on vehicles they are not permitted to inspect.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A04782 Detail]

Download: New_York-2019-A04782-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4782
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the transportation law and the vehicle and traffic  law,
          in relation to failed inspections of limousines
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The transportation law is amended by adding a  new  section
     2  152-a to read as follows:
     3    §  152-a. Inspection of contract carriers of passengers by motor vehi-
     4  cle. 1. Any contract carrier of passengers by motor vehicle that fails a
     5  safety inspection pursuant to section three hundred one of  the  vehicle
     6  and  traffic  law  shall  make  the necessary modifications to pass such
     7  safety inspection within ten days after such failed inspection.
     8    2. The commissioner shall immobilize and remove the license  plate  of
     9  any  vehicle  that  fails to meet the requirements of subdivision one of
    10  this section.
    11    § 2. The opening paragraph of subdivision (e) and subdivision  (h)  of
    12  section  303  of  the  vehicle and traffic law, the opening paragraph of
    13  subdivision (e) as amended by chapter 608 of the laws of 1993 and subdi-
    14  vision (h) as amended by section 1 of part OO of chapter 59 of the  laws
    15  of 2009, are amended to read as follows:
    16    A  license  to operate an official inspection station or a certificate
    17  to inspect vehicles [may] shall be suspended or revoked or renewal ther-
    18  eof may be refused by the commissioner or any person duly deputized  for
    19  one or more of the following causes:
    20    (h)  The commissioner, or any person duly deputized, in addition to or
    21  in lieu of revoking or suspending  a  license  to  operate  an  official
    22  inspection  station  or  a certificate to inspect vehicles, may by order
    23  require the licensee or certified inspector to pay to the people of this
    24  state a penalty for a first violation a sum not exceeding seven  hundred
    25  and fifty dollars for each violation found to have been committed; [and]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07835-01-9
        A. 4782                             2
     1  for a second [or subsequent] violation not arising out of the same inci-
     2  dent  both  of  which were committed within a period of thirty months, a
     3  sum of not more than [one] three thousand  dollars  for  each  violation
     4  found  to have been committed; and for a third violation not arising out
     5  of the same incident all of which were  committed  within  a  period  of
     6  thirty  months,  a  revocation  of  the  license  to operate an official
     7  inspection station or the certificate  to  inspect  vehicles;  provided,
     8  however,  the  penalty  for each and any violation of paragraph three of
     9  subdivision (e) of this section found to have been committed shall be no
    10  less than three hundred and fifty dollars and no more than one  thousand
    11  dollars, and upon the failure of such licensee to pay such penalty with-
    12  in  twenty days after the mailing of such order, postage prepaid, regis-
    13  tered or certified, and addressed to the last known place of business of
    14  such licensee or certified inspector, unless such order is stayed  by  a
    15  court  of competent jurisdiction or in accordance with the provisions of
    16  [Article] article three-A of this chapter, the commissioner  may  revoke
    17  the  license  of  such  licensee  or  the  certificate of such certified
    18  inspector or may suspend the same for such period as may be  determined.
    19  Civil  penalties  assessed  under  this subdivision shall be paid to the
    20  commissioner for deposit into  the  state  treasury,  and  unpaid  civil
    21  penalties  may be recovered by the commissioner in a civil action in the
    22  name of the commissioner. In addition, as an alternative to  such  civil
    23  action and provided that no proceeding for judicial review shall then be
    24  pending  and  the  time  for  initiation  of  such proceeding shall have
    25  expired, the commissioner may file with the county clerk of  the  county
    26  in  which the registrant is located or the certified inspector resides a
    27  final order of the commissioner containing the  amount  of  the  penalty
    28  assessed.  The  filing of such final order shall have the full force and
    29  effect of a judgment duly docketed in the office of such clerk  and  may
    30  be enforced in the same manner and with the same effect as that provided
    31  by  law  in respect to executions issued against property upon judgments
    32  of a court of record.
    33    § 3. This act shall take effect on the thirtieth day  after  it  shall
    34  have become a law. Effective immediately, the addition, amendment and/or
    35  repeal  of  any  rule  or regulation necessary for the implementation of
    36  this act on its effective date are authorized to be made  and  completed
    37  on or before such effective date.