Bill Text: NY A05774 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to requiring a safety review of carriers of passengers operating stretch limousines and to establishing a stretch limousine searchable database; requires the department of transportation to review the licenses and driving records of drivers and inspect all stretch limousines; establishes a searchable public database with the results of inspections and driver information.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-19 - referred to transportation [A05774 Detail]

Download: New_York-2019-A05774-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5774
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 19, 2019
                                       ___________
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Transportation
        AN ACT to amend the transportation law, in relation to requiring a safe-
          ty review of carriers of passengers operating stretch  limousines  and
          to establishing a stretch limousine searchable database
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 2 of the transportation law is amended by adding  a
     2  new subdivision 30-a to read as follows:
     3    30-a.  "Stretch  limousine"  means any for hire vehicle with a chassis
     4  which was manufactured and then altered for the purpose of  transporting
     5  ten or more occupants, including the driver.
     6    §  2. The transportation law is amended by adding a new section 160 to
     7  read as follows:
     8    § 160. Safety review of stretch  limousines.  1.  Notwithstanding  any
     9  other  provision of law to the contrary, no later than ninety days after
    10  the effective date of this section, the department, in consultation with
    11  the department of motor vehicles, shall conduct a  comprehensive  safety
    12  review  of  all carriers of passengers which operate stretch limousines.
    13  Such review shall include:
    14    a. verification that all drivers employed by such  carriers  hold  the
    15  proper license;
    16    b.  a  review  of  the driving records of all drivers employed by such
    17  carriers; and
    18    c. inspections of all stretch limousines operated by such carriers.
    19    2. A driver employed by a  carrier  of  passengers  which  operates  a
    20  stretch  limousine found not to be properly licensed shall not transport
    21  passengers in a stretch limousine until such driver obtains  the  proper
    22  license and provides proof of such license to the department.
    23    3.  a.  No  carrier  of  passengers which operates a stretch limousine
    24  shall transport passengers in a stretch limousine which  has  failed  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05406-01-9

        A. 5774                             2
     1  inspection  conducted pursuant to this section or any other provision of
     2  law.
     3    b. A carrier of passengers which operates a stretch limousine that has
     4  failed  an inspection pursuant to this section or any other provision of
     5  law, shall within ten days take corrective measures and have the vehicle
     6  reinspected by the department. If such carrier of  passengers  fails  to
     7  reinspect  the vehicle within ten days, the commissioner may impound the
     8  vehicle. The commissioner shall promulgate rules and regulations for the
     9  return of any such impounded vehicle to the carrier of passengers.
    10    4. a. Any carrier of passengers which  operates  a  stretch  limousine
    11  shall  affix  in  the  passenger  cabin  of such limousine a certificate
    12  evidencing a successful safety inspection pursuant to  this  section  or
    13  any  other  provision of law, the date of such inspection and the proper
    14  licensure of the driver. Such  certificate  shall  be  designed  by  the
    15  commissioner.
    16    b.  Any carrier of passengers which operates a stretch limousine which
    17  has failed a safety inspection conducted pursuant to this section or any
    18  other provision of law, shall affix  in  the  passenger  cabin  of  such
    19  limousine  a  notice that such limousine is not fit to transport passen-
    20  gers. Such notice shall be designed by the commissioner.
    21    5. No later than one hundred eighty days after the effective  date  of
    22  this section, the department shall create or modify an existing searcha-
    23  ble database for the consolidation of information related to the results
    24  of  the  comprehensive safety review conducted pursuant to this section.
    25  The department shall make  the  searchable  database  available  to  the
    26  public on its website and shall update information related to the review
    27  conducted  pursuant  to  this  section  and  to any other inspections of
    28  stretch limousines conducted pursuant to any other provision of law. The
    29  department shall make accessible on the searchable database the  follow-
    30  ing  information  from  all carriers of passengers which operate stretch
    31  limousines:
    32    a. the name, address and phone number of each  carrier  of  passengers
    33  which operates a stretch limousine;
    34    b. the date and result of each safety inspection conducted pursuant to
    35  this section or any other provision of law;
    36    c. the date of any failed inspection and the reasons for such failure;
    37    d. when any failed inspection has been remedied; and
    38    e.  the  names,  license  information  and  driving records of drivers
    39  employed by each carrier of passengers which operates a  stretch  limou-
    40  sine.
    41    § 3. This act shall take effect immediately.
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