Bill Text: NY S01443 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that a stretch limousine shall not be operated if it is more than ten years old or has more than 350,000 miles on the odometer, whichever occurs first; permits exceptions by the commissioner; provides for imputed odometer calculation in certain circumstances.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-02-05 - ADVANCED TO THIRD READING [S01443 Detail]

Download: New_York-2023-S01443-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1443--A
            Cal. No. 146

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation -- reported
          favorably from said committee, ordered to  first  report,  amended  on
          first  report,  ordered  to  a  second  report  and ordered reprinted,
          retaining its place in the order of second report

        AN ACT to amend the vehicle and traffic  law,  in  relation  to  stretch
          limousine age and mileage parameters

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 375 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 55 to read as follows:
     3    55.  Stretch  limousine  age  and  mileage parameters. (a) It shall be
     4  unlawful to operate or cause to be operated a stretch  limousine  regis-
     5  tered in this state on any public highway or private road open to public
     6  motor  vehicle  traffic if the vehicle is more than ten years old or the
     7  cumulative mileage registered on the vehicle's  odometer  exceeds  three
     8  hundred fifty thousand miles, whichever occurs first.
     9    (b) For the purposes of this subdivision:
    10    (i)  "Stretch  limousine" shall mean an altered motor vehicle having a
    11  seating capacity of nine  or  more  passengers,  including  the  driver,
    12  commonly  referred  to as a "stretch limousine" and which is used in the
    13  business of transporting passengers for compensation.
    14    (ii) "Stretch limousine" shall exclude a historical motor  vehicle  or
    15  any  other  motor  vehicle  which is owned and operated as an exhibition
    16  piece or collector's item, and is used for participation in club  activ-
    17  ities,  exhibits,  tours, parades, occasional transportation and similar
    18  uses, but not used  in  the  business  of  transporting  passengers  for
    19  compensation.
    20    (c)  After  consultation  with the commissioner of transportation, the
    21  commissioner may provide for exceptions to paragraph (a) of this  subdi-
    22  vision  for  stretch  limousines  that  were manufactured or modified by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01843-03-3
        S. 1443--A                          2

     1  coachbuilders and warrantied in accordance with the CMC or  QVM  process
     2  or  other comparable certification standards, or based upon demonstrated
     3  safety record history of compliance  with  article  nineteen-A  of  this
     4  title  and  absence  of  out-of-service "A" defects pursuant to 17 NYCRR
     5  720.11.
     6    (d) (i) A stretch limousine with an odometer reading that differs from
     7  the number of miles the stretch limousine has actually traveled or  that
     8  has had a prior history involving the disconnection or malfunctioning of
     9  an  odometer  or which appears to the commissioner to have an inaccurate
    10  odometer reading based on prior inspection records, will be assigned  an
    11  imputed mileage for each month from the last reliable odometer recording
    12  through the date of inspection, as provided in subparagraph (ii) of this
    13  paragraph.  A  motor  carrier  may  seek  review of the determination to
    14  assign imputed mileage as provided pursuant to article six of the trans-
    15  portation law and 17 NYCRR Parts 500 and 720.
    16    (ii) The imputed mileage shall be calculated by adding the mileage  of
    17  the  stretch limousine recorded at the two most recent stretch limousine
    18  inspections, including roadside inspections conducted by the commission-
    19  er of transportation or division of  state  police,  whichever  is  more
    20  recent, and dividing that sum by twenty-four. The quotient is the imput-
    21  ed monthly mileage.
    22    (iii) Unless otherwise provided by the commissioner of transportation,
    23  a  stretch  limousine  may not be introduced to transport passengers for
    24  compensation or continue transporting passengers for compensation  if  a
    25  reliable baseline odometer reading cannot be ascertained.
    26    (iv)  A  motor  carrier or operator who knows or has reason to believe
    27  that the odometer reading of a limousine  differs  from  the  number  of
    28  miles  the  stretch  limousine has actually traveled shall disclose that
    29  status to the commissioner or the  department  of  transportation  imme-
    30  diately.
    31    § 2. This act shall take effect two years after it shall have become a
    32  law. Effective immediately, the addition, amendment and/or repeal of any
    33  rule  or  regulation necessary for the implementation of this act on its
    34  effective date are authorized to be made and completed on or before such
    35  effective date.