Bill Text: NY S00309 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to enacting the stretch limousine safety act.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00309 Detail]

Download: New_York-2019-S00309-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           309
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the transportation law,  in  relation  to  enacting  the
          stretch limousine safety act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "stretch limousine safety act".
     3    §  2.  Section  2 of the transportation law is amended by adding a new
     4  subdivision 30-a to read as follows:
     5    30-a. "Stretch limousine" means a motor vehicle that  has  been  modi-
     6  fied,  altered or stretched, with a lengthened automobile chassis and is
     7  designed for carrying more than ten persons, including the driver.
     8    § 3. The transportation law is amended by adding a new section 160  to
     9  read as follows:
    10    §  160.  Provisions  related  to stretch limousines. 1. Any carrier of
    11  passengers which operates a stretch limousine shall retire such  stretch
    12  limousine  from  transporting  passengers  ten  years from the date such
    13  stretch limousine was first registered in any state.
    14    2. a. Any carrier of passengers which  operates  a  stretch  limousine
    15  shall  maintain  insurance  coverage  in the amount of not less than two
    16  million dollars per accident.
    17    b. No person shall operate  a  stretch  limousine  for  a  carrier  of
    18  passengers without proof of the insurance coverage required by paragraph
    19  a of this subdivision.
    20    c. A violation of paragraph a or paragraph b of this subdivision shall
    21  be a misdemeanor.
    22    3.  a.  No  carrier  of  passengers which operates a stretch limousine
    23  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.
                                                                   LBD02813-01-9

        S. 309                              2
     1  inspection conducted pursuant to section one hundred forty of this chap-
     2  ter. A violation of this subdivision shall be a class E felony.
     3     b.  A  carrier  of passengers which operates a stretch limousine that
     4  has failed an inspection pursuant to section one hundred forty  of  this
     5  chapter,  shall  within  ten  days take corrective measures and have the
     6  vehicle reinspected by the department. If  such  carrier  of  passengers
     7  fails  to  reinspect  the  vehicle  within ten days the commissioner may
     8  impound the vehicle. The commissioner shall promulgate rules  and  regu-
     9  lations  for  the return of any such impounded vehicle to the carrier of
    10  passengers.
    11    4. a. Any carrier of passengers which  operates  a  stretch  limousine
    12  shall  affix on the passenger side front door a certificate evidencing a
    13  successful safety inspection that displays the date on which such limou-
    14  sine was last successfully inspected.  Such certificate shall be  equiv-
    15  alent in size to a New York state license plate and shall be designed by
    16  the commissioner.
    17    b.  Any carrier of passengers which operates a stretch limousine which
    18  has failed a safety inspection shall affix to the passenger side door of
    19  such limousine a notice that such limousine  is  not  fit  to  transport
    20  passengers.  Such notice shall be equivalent in size to a New York state
    21  license plate and shall be designed by the commissioner.
    22    c. Failure to affix such certificate as required  by  paragraph  a  of
    23  this  subdivision  or  such  notice  as  required by paragraph b of this
    24  subdivision shall be a misdemeanor.
    25    5. Every inspection of  a  stretch  limousine  conducted  pursuant  to
    26  section  one hundred forty of this chapter shall be made publicly avail-
    27  able and posted to the department website.
    28    6. Any operator of a stretch limousine shall be required to  attend  a
    29  safety training course for the operation of a stretch limousine and must
    30  demonstrate  successful  completion  of  said  course to be eligible for
    31  licensure under state law.  The commissioner shall promulgate rules  and
    32  regulations  for  said  safety  training  course  for the operation of a
    33  stretch limousine as defined by this section.
    34    § 4. This act shall take effect on the ninetieth day  after  it  shall
    35  have  become  a  law, provided, however, that effective immediately, the
    36  addition, amendment and/or repeal of any rule  or  regulation  necessary
    37  for  the implementation of this act on its effective date are authorized
    38  to be made and completed on or before such date.
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