Bill Text: NY A05097 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires limousines to secure certain insurance coverage and follow certain safety measures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A05097 Detail]

Download: New_York-2019-A05097-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5097
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          limousines  operating  in  this state to adopt certain safety measures
          and be properly insured
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph (a) of subdivision 4 of section 311 of the vehi-
     2  cle and traffic law, as amended by chapter 305 of the laws of  1995,  is
     3  amended to read as follows:
     4    (a) Affording coverage as defined in the minimum provisions prescribed
     5  in  a  regulation  which  shall  be promulgated by the superintendent at
     6  least ninety days prior to effective date of this act.  The  superinten-
     7  dent  before  promulgating  such  regulations  or any amendment thereof,
     8  shall consult with all insurers licensed to write  automobile  liability
     9  insurance in this state and shall not prescribe minimum provisions which
    10  fail  to  reflect the provisions of automobile liability insurance poli-
    11  cies, other than motor vehicle liability policies as defined in  section
    12  three  hundred  forty-five  of this chapter, issued within this state at
    13  the date of such regulation or amendment thereof.  Nothing contained  in
    14  such  regulation  or  in  this  article  shall prohibit any insurer from
    15  affording coverage under an owner's policy of liability  insurance  more
    16  liberal  than  that  required  by  said minimum provisions.   Every such
    17  owner's policy of liability insurance shall provide insurance subject to
    18  said regulation against loss from  the  liability  imposed  by  law  for
    19  damages,  including  damages  for  care and loss of services, because of
    20  bodily injury to or death of any person and injury to or destruction  of
    21  property arising out of the ownership, maintenance, use, or operation of
    22  a specific motor vehicle or motor vehicles within the state of New York,
    23  or  elsewhere  in  the United States in North America or the Dominion of
    24  Canada, subject to a  limit,  exclusive  of  interest  and  costs,  with
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04571-02-9
        A. 5097                             2
     1  respect  to  each such motor vehicle except a tow truck or limousine, of
     2  twenty-five thousand dollars because of bodily  injuries  to  and  fifty
     3  thousand dollars because of death of one person in any one accident and,
     4  subject  to  said  limit  for  one  person, to a limit of fifty thousand
     5  dollars because of bodily injury to and  one  hundred  thousand  dollars
     6  because  of  death  of two or more persons in any one accident, and to a
     7  limit of ten thousand dollars because of injury  to  or  destruction  of
     8  property  of  others  in  any  one accident provided, however, that such
     9  policy need not be for a period coterminous with the registration period
    10  of the vehicle insured. The limit, exclusive of interest and costs, with
    11  respect to a tow truck shall be a combined  single  limit  of  at  least
    12  three  hundred thousand dollars because of bodily injury or death to one
    13  or more persons or because of  injury  or  destruction  of  property  of
    14  others  in  any  one  accident,  and  to a limit of twenty-five thousand
    15  dollars because of damage to a vehicle in the care, custody and  control
    16  of the insured. The limit, exclusive of interests and costs, with regard
    17  to  a limousine shall be a combined single limit of at least one million
    18  five hundred thousand dollars because of bodily injury or death  to  one
    19  or  more  persons or because of injury or destruction of property in any
    20  one accident, or the limit required by local law or regulation, whichev-
    21  er is greater. Any insurer authorized to  issue  an  owner's  policy  of
    22  liability  insurance  as  provided  for in this article may, pending the
    23  issue of such a policy, make an agreement, to be known as a  binder,  or
    24  may,  in  lieu of such a policy, issue a renewal endorsement or evidence
    25  of renewal of an existing policy; each of which shall  be  construed  to
    26  provide indemnity or protection in like manner and to the same extent as
    27  such  a policy. The provisions of this article shall apply to such bind-
    28  ers, renewal endorsements or evidences of  renewal.  Every  such  policy
    29  issued  insuring  private  passenger  vehicles and every renewal policy,
    30  renewal endorsement, or other evidence  of  renewal  issued  shall  have
    31  attached  thereto  a rating information form which clearly specifies and
    32  defines the rating classification assigned thereto, including any appli-
    33  cable merit rating plan; and
    34    § 2. Section 311 of the vehicle and traffic law is amended by adding a
    35  new subdivision 11 to read as follows:
    36    11. "Limousine" means a livery vehicle that has a seating capacity  of
    37  eight or more passengers and which provides prearranged passenger trans-
    38  portation  on a dedicated, nonscheduled, charter basis, where the charge
    39  is based on a flat rate or per unit of time or  mileage,  or  a  vehicle
    40  classified  as  a  luxury limousine as defined by the taxi and limousine
    41  commission of New York city or Westchester county or licensed by a muni-
    42  cipality of the Nassau county and registered  with  the  Nassau  county.
    43  Service  by  a  limousine  that  begins and ends in this state is deemed
    44  intra-state even if it passes outside this state during a portion of the
    45  trip. This does not include a taxicab that is not operated on a  regular
    46  route  or between specified points, a vehicle carrying less than sixteen
    47  individuals in a single daily round trip to commute to and from work, or
    48  a motor vehicle transporting only school children  and  teachers  to  or
    49  from  a  school or an extracurricular activity organized and funded by a
    50  school district.
    51    § 3. Section 312 of the vehicle and traffic law is amended by adding a
    52  new subdivision 6 to read as follows:
    53    6. (a) No limousine shall operate as such in this state  unless,  upon
    54  the  registration  of the limousine with the department, the application
    55  for such registration is accompanied  by  proof  of  financial  security
    56  required  by section three hundred eleven of this article which shall be
        A. 5097                             3
     1  evidence by proof of insurance or evidence of a financial security bond,
     2  a financial security deposit or qualification as  a  self-insurer  under
     3  section  three  hundred  sixteen  of  this  article;  provided,  that if
     4  directed by regulation of the commissioner, upon renewal of registration
     5  an  application  accompanied by a certificate of registration or renewal
     6  stub in force immediately preceding the date of application for renewal,
     7  together with a statement in  a  form  prescribed  by  the  commissioner
     8  certifying  that  there  is in effect proof of financial security, shall
     9  meet the requirements of this section.
    10    (b) The owner, and registrant if the registrant is different from  the
    11  owner,  of  such  limousine  shall  maintain proof of financial security
    12  continuously throughout the registration period, and failure to  produce
    13  proof  of  financial  security  when requested to do so upon demand of a
    14  magistrate, motor vehicle inspector, peace officer  acting  pursuant  to
    15  his  or  her  special  duties,  or police officer, while such vehicle is
    16  being operated upon the public highways of this state, shall be presump-
    17  tive evidence of operating a motor vehicle without  proof  of  financial
    18  security.    Upon  the  production  of  proof of financial security such
    19  presumption is removed. Production of proof of financial security may be
    20  made by mailing such proof to  the  court  having  jurisdiction  in  the
    21  matter,  and  any  necessary response by such court or acknowledgment of
    22  the production of such proof may also be made by mail.
    23    (c) When insurance with respect to  any  limousine  is  terminated  or
    24  canceled,  the  owner shall surrender forthwith the registration certif-
    25  icate and number plates of the vehicle to the commissioner unless  proof
    26  of  financial  security  otherwise is maintained in compliance with this
    27  article and section three hundred seventy of this title.
    28    (d) Where the owner of a limousine fails  to  maintain  the  proof  of
    29  financial  security required by this section, if the owner of any limou-
    30  sine is a corporation, limited liability corporation, or other  business
    31  entity,  the  officers  of  such  corporation  or  entity  may  be  held
    32  personally liable for any judgment entered  against  any  driver  and/or
    33  registrant  of  the  limousine  for  damages  sustained  as  a result of
    34  personal injury, wrongful death and/or property  damage  suffered  as  a
    35  result of the use and operation of the limousine.
    36    §  4. Paragraph 3 of subdivision (b) of section 345 of the vehicle and
    37  traffic law, as amended by chapter 305 of the laws of 1995,  is  amended
    38  to read as follows:
    39    (3)  Shall  insure  the  insured,  the vehicle operator, or such other
    40  person against loss from the  liability  imposed  by  law  for  damages,
    41  including damages for care and loss of services because of bodily injury
    42  to or death of any person and injury to or destruction of property aris-
    43  ing  out  of the ownership, maintenance, use, or operation of such motor
    44  vehicle or motor vehicles within the state of New York, or elsewhere  in
    45  the United States in North America or the Dominion of Canada, subject to
    46  a limit, exclusive of interest and cost, with respect to each such motor
    47  vehicle,  except  a  tow  truck or a limousine as defined in subdivision
    48  eleven of section three hundred eleven of  this  title,  of  twenty-five
    49  thousand  dollars  because of bodily injury to or fifty thousand dollars
    50  because of death of one person in any one accident and, subject to  said
    51  limit  for  one  person, to a limit of fifty thousand dollars because of
    52  bodily injury to or one hundred thousand dollars because of death of two
    53  or more persons in any one accident, and to  a  limit  of  ten  thousand
    54  dollars because of injury to or destruction of property of others in any
    55  one  accident.  The limit, exclusive of interest and costs, with respect
    56  to a tow truck shall be a combined single limit of three  hundred  thou-
        A. 5097                             4
     1  sand  dollars  because  of  bodily  injury  [of] or death to one or more
     2  persons or because of injury or destruction of property of others in any
     3  one accident, and to a limit of twenty-five thousand dollars because  of
     4  damage to a vehicle in the care, custody and control of the insured. The
     5  limit,  exclusive  of interest and costs, with respect to a limousine as
     6  defined in subdivision eleven of section three hundred  eleven  of  this
     7  title  shall  be  a  combined  single limit of at least one million five
     8  hundred thousand dollars because of bodily injury or  death  to  one  or
     9  more  persons  or because of injury or destruction of property of others
    10  in any one accident, or the limit required by local law  or  regulation,
    11  whichever is greater.
    12    §  5.  Paragraphs  (a)  and (b) of subdivision 1 of section 370 of the
    13  vehicle and traffic law, paragraph (a) as amended by chapter 305 of  the
    14  laws  of 1995 and paragraph (b) as amended by chapter 613 of the laws of
    15  2002, are amended to read as follows:
    16    (a) For damages for and incident to death or injuries to persons:  For
    17  each motorcycle and for each motor vehicle which is intended pursuant to
    18  this  subdivision to be operated in a business of carrying or transport-
    19  ing passengers for hire having a seating capacity of not more than seven
    20  passengers, a bond or insurance policy with a minimum liability of twen-
    21  ty-five thousand dollars and  a  maximum  liability  of  fifty  thousand
    22  dollars  for  bodily  injury,  and a minimum liability of fifty thousand
    23  dollars and a maximum liability of  one  hundred  thousand  dollars  for
    24  death;  for each motor vehicle which is intended pursuant to this subdi-
    25  vision to be operated in a business of carrying or transporting  passen-
    26  gers  for hire having a seating capacity of not less than eight nor more
    27  than [twelve] fourteen passengers, a bond or  insurance  policy  with  a
    28  [minimum  liability] combined single limit of [twenty-five] at least one
    29  million five hundred thousand dollars [and a maximum liability of eighty
    30  thousand dollars] for bodily injury[, and a minimum liability  of  fifty
    31  thousand  dollars  and a maximum liability of one hundred fifty thousand
    32  dollars for] or death to one  or  more  persons  because  of  injury  or
    33  destruction  of  property  in any one accident, or the limit required by
    34  local law or regulation, whichever is greater; [for each  motor  vehicle
    35  having a seating capacity of not less than thirteen nor more than twenty
    36  passengers, a bond or insurance policy with a minimum liability of twen-
    37  ty-five  thousand  dollars and a maximum liability of one hundred twenty
    38  thousand dollars for bodily injury and  a  minimum  liability  of  fifty
    39  thousand  dollars  and a maximum liability of one hundred fifty thousand
    40  dollars for death; for each motor vehicle having a seating  capacity  of
    41  not  less  than  twenty-one  nor  more than thirty passengers, a bond or
    42  insurance policy  with  a  minimum  liability  of  twenty-five  thousand
    43  dollars  and  a  maximum liability of one hundred sixty thousand dollars
    44  for bodily injury and a minimum liability of fifty thousand dollars  and
    45  a  maximum liability of two hundred thousand dollars for death; for each
    46  motor vehicle having a seating capacity of more than thirty  passengers,
    47  a bond or insurance policy with a minimum liability of twenty-five thou-
    48  sand dollars and a maximum liability of two hundred thousand dollars for
    49  bodily  injury  and  a minimum liability of fifty thousand dollars and a
    50  maximum liability of two hundred fifty thousand dollars for death;]
    51    (b) For damages for and incident to injury to or destruction of  prop-
    52  erty; for each motor vehicle and each motorcycle having a seating capac-
    53  ity  of  fewer  than eight passengers, a bond or insurance policy with a
    54  minimum liability of ten thousand dollars.
    55    Such bond or policy of insurance  shall  contain  a  provision  for  a
    56  continuing  liability  thereunder, notwithstanding any recovery thereon.
        A. 5097                             5
     1  Any such bond or policy of insurance shall also contain a provision that
     2  such bond or policy of insurance shall  inure  to  the  benefit  of  any
     3  person legally operating the motor vehicle or motorcycle in the business
     4  of  the  owner and with his permission, in the same manner and under the
     5  same conditions and to the same extent as to the owner. If at any  time,
     6  in  the  judgment of the commissioner, such bond or policy is not suffi-
     7  cient for any cause the commissioner may require the owner of such motor
     8  vehicle or motorcycle to  replace  such  bond  or  policy  with  another
     9  approved by the commissioner. A corporate surety or an insurance company
    10  evidence  of  whose bond or policy has been so filed, must file a notice
    11  in the office of the commissioner that upon  the  expiration  of  twenty
    12  days  from  such  filing  such  surety will cease to be liable upon such
    13  bond, or in the case of such insurance company, that upon the expiration
    14  of such time such policy will  be  cancelled;  provided,  however,  that
    15  where  the owner of such motor vehicle or motorcycle has replaced cover-
    16  age with another insurer, the expiration date shall be the date the  new
    17  coverage has commenced; further provided that where such owner has had a
    18  total  loss,  the expiration date shall be the earlier of twenty days or
    19  when the plates have been turned in to the commissioner. The commission-
    20  er shall thereupon notify the owner of such motor vehicle or  motorcycle
    21  of  the  filing  of  such notice, and unless such owner shall file a new
    22  bond or evidence of new bond or policy, as provided by this section,  on
    23  or  before such date as shall be specified by the commissioner, or shall
    24  place the number plates belonging to the motor vehicle or motorcycle  in
    25  the custody of the commissioner or his agent within such time, to remain
    26  in  such custody until a new bond or evidence of a new bond or policy is
    27  filed, the registration of such motor vehicle  or  motorcycle  shall  be
    28  revoked  as of the date specified in said notice of the commissioner and
    29  no new registration shall be issued for a period of thirty days.  Forth-
    30  with  after his registration has been so revoked such owner shall return
    31  the number plates issued for  such  vehicle  to  the  commissioner.  The
    32  provisions  of  subdivision  seven  of  section five hundred ten of this
    33  chapter shall apply to such revocations.
    34    Notwithstanding any contrary provision of this chapter, any such bond,
    35  or policy of insurance shall also provide for uninsured motorists cover-
    36  age in the minimal amount and in the form provided for in subsection (f)
    37  of section three thousand four hundred twenty of the insurance law.
    38    Nothing in this subdivision shall be construed to  prevent  compliance
    39  therewith  by filing a combination of bonds or policies or of a bond and
    40  policy or evidence thereof if the commissioner approves and the require-
    41  ments of this subdivision are otherwise met.
    42    § 6. Paragraph (b) of subdivision 2 of section 502 of the vehicle  and
    43  traffic  law,  as amended by chapter 520 of the laws of 1991, is amended
    44  to read as follows:
    45    (b) Except as provided in paragraph (a) of this subdivision an  appli-
    46  cant  for  a  class  B[,] or C [or E] license shall be at least eighteen
    47  years of age and an applicant for a class E license shall  be  at  least
    48  twenty-three years of age.
    49    §  7. Subdivision (1) of section 509-a of the vehicle and traffic law,
    50  as amended by chapter 853 of the laws of 1992, is  amended  to  read  as
    51  follows:
    52    (1)  bus  shall  mean  every  motor  vehicle, owned, leased, rented or
    53  otherwise controlled by a motor carrier, which (a) is a  school  bus  as
    54  defined  in section one hundred forty-two of this chapter or has a seat-
    55  ing capacity of more than ten adult passengers in addition to the driver
    56  and which is used for the transportation of persons  under  the  age  of
        A. 5097                             6
     1  twenty-one or persons of any age who are mentally or physically disabled
     2  to a place of vocational, academic or religious instruction or religious
     3  service  including  nursery  schools, day care centers and camps, (b) is
     4  required  to  obtain  approval  to  operate  in the state as a common or
     5  contract carrier of passengers by motor vehicle from the commissioner of
     6  transportation, or the interstate commerce commission, (c) is  regulated
     7  as  a  bus  line  by  a city that has adopted an ordinance, local law or
     8  charter to regulate or franchise bus line operations pursuant to  subdi-
     9  vision  four  of  section eighty of the transportation law, (d) is regu-
    10  lated as a van service or other common carrier of  passengers  by  motor
    11  vehicle  covered under article seven of the transportation law by a city
    12  with a population of over one million pursuant to an ordinance or  local
    13  law adopted pursuant to subdivision five of section eighty of the trans-
    14  portation  law or (e) is operated by a transit authority or municipality
    15  and is used to transport persons for hire.  For  the  purposes  of  this
    16  article,  a  bus  shall be defined to include a limousine with a seating
    17  capacity of nine or more, including the driver. Provided, however,  that
    18  bus  shall  not  mean  an  authorized  emergency vehicle operated in the
    19  course of an emergency, or a motor vehicle used in the transportation of
    20  agricultural workers to and from their place of employment;
    21    § 8. Subdivision (e) of section 1160 of the vehicle and  traffic  law,
    22  as  added  by  chapter  294  of  the laws of 1989, is amended to read as
    23  follows:
    24    (e) U-turns. U-turns shall be made from and to  that  portion  of  the
    25  highway  nearest  the  marked center line. Where more than one lane of a
    26  highway has been designated for left turns, U-turns shall be  made  only
    27  from  the lane so designated that is adjacent to the marked center line.
    28  Modified or stretch limousines with total seating capacities of nine  or
    29  more,  including  the  driver, are prohibited from making U-turns on any
    30  roadway.
    31    § 9. This act shall take effect immediately; provided,  however,  that
    32  within  sixty  days  after such effective date all limousines subject to
    33  the provisions of this act shall have in full force and effect an insur-
    34  ance policy or other permissible  bond,  deposit,  or  qualification  as
    35  required  by  this  act,  and  shall  provide satisfactory proof of such
    36  coverage to the commissioner of motor vehicles.