S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          410
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the administrative code of the city of New York and  the
         vehicle  and  traffic law, in relation to requiring livery vehicles to
         be equipped with global positioning equipment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The administrative code of the city of New York is amended
    2  by adding a new section 19-508.1 to read as follows:
    3    S 19-508.1 GLOBAL POSITIONING EQUIPMENT IN LIVERY VEHICLES. A.   EVERY
    4  LIVERY  VEHICLE REGISTERED IN THIS STATE SHALL BE EQUIPPED WITH A GLOBAL
    5  POSITIONING SYSTEM (GPS) TECHNOLOGY. THE COMMISSION  SHALL  REQUIRE  THE
    6  INSTALLATION OF SUCH SYSTEM.
    7    B.  ANY  PERSON FOUND TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION A
    8  OF THIS SECTION SHALL BE LIABLE FOR A FINE OF ONE  HUNDRED  SEVENTY-FIVE
    9  DOLLARS FOR EACH SUCH VIOLATION.
   10    C.  AT EACH INSPECTION OF A LICENSED LIVERY VEHICLE, FAILURE TO COMPLY
   11  WITH SUBDIVISION A OF THIS SECTION SHALL BE EVIDENCE THAT  SUCH  VEHICLE
   12  FAILS  TO MEET REASONABLE STANDARDS FOR SAFE OPERATION AND SHALL CONSTI-
   13  TUTE CAUSE FOR SUSPENSION OF SAID  VEHICLE  LICENSE  BY  THE  COMMISSION
   14  UNTIL THE CONDITION IS CORRECTED.
   15    S 2. Section 19-502 of the administrative code of the city of New York
   16  is amended by adding a new subdivision x to read as follows:
   17    X.  "LIVERY" SHALL MEAN EVERY MOTOR VEHICLE, OTHER THAN A TAXICAB OR A
   18  BUS,  USED  IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION.
   19  HOWEVER, IT SHALL NOT INCLUDE VEHICLES WHICH ARE RENTED OR LEASED  WITH-
   20  OUT A DRIVER.
   21    S 3. Section 375 of the vehicle and traffic law is amended by adding a
   22  new subdivision 52 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03504-01-9
       S. 410                              2
    1    52.  GLOBAL  POSITIONING  EQUIPMENT  IN  LIVERY VEHICLES. EVERY LIVERY
    2  VEHICLE REGISTERED IN THIS STATE SHALL BE EQUIPPED WITH A  GLOBAL  POSI-
    3  TIONING  SYSTEM  (GPS)  TECHNOLOGY AND SUCH SYSTEM SHALL BE INSTALLED IN
    4  ACCORDANCE WITH RULES AND REGULATIONS OF THE COMMISSIONER.   ANY  PERSON
    5  FOUND  TO  HAVE  VIOLATED  THE  PROVISIONS  OF THIS SUBDIVISION SHALL BE
    6  LIABLE FOR A FINE OF ONE HUNDRED  SEVENTY-FIVE  DOLLARS  FOR  EACH  SUCH
    7  VIOLATION.  AT  EACH INSPECTION OF A LICENSED LIVERY VEHICLE, FAILURE TO
    8  COMPLY WITH THIS SUBDIVISION SHALL BE EVIDENCE THAT SUCH  VEHICLE  FAILS
    9  TO  MEET  REASONABLE  STANDARDS  FOR SAFE OPERATION AND SHALL CONSTITUTE
   10  CAUSE FOR SUSPENSION OF SAID VEHICLE  LICENSE  UNTIL  THE  CONDITION  IS
   11  CORRECTED.
   12    S  4. This act shall take effect on the first of January of the second
   13  year next succeeding the date on which  it  shall  have  become  a  law;
   14  provided,  however,  that effective immediately, the addition, amendment
   15  and/or repeal of any rule or regulation necessary for the implementation
   16  of this act on its effective date are authorized and directed to be made
   17  and completed on or before such effective date.