Bill Text: NY S06321 | 2021-2022 | General Assembly | Amended
Bill Title: Requires charter buses to have commercial global positioning (GPS) technology; defines terms; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2021-10-08 - SIGNED CHAP.473 [S06321 Detail]
Download: New_York-2021-S06321-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6321--A 2021-2022 Regular Sessions IN SENATE April 21, 2021 ___________ Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the vehicle and traffic law, in relation to requiring every charter bus registered in this state be equipped with commercial global positioning system technology The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 54 of section 375 of the vehicle and traffic 2 law, as added by chapter 11 of the laws of 2020, is amended to read as 3 follows: 4 54. Stretch limousine and charter bus commercial GPS. (a) Every 5 stretch limousine and charter bus registered in this state shall be 6 equipped with commercial global positioning system (GPS) technology 7 within no later than one year of the date upon which the national high- 8 way traffic safety administration promulgates final regulations estab- 9 lishing standards for commercial GPS. 10 (b) It shall be unlawful to operate or cause to be operated a stretch 11 limousine or charter bus registered in this state on any public highway 12 or private road open to public motor vehicle traffic unless such stretch 13 limousine or charter bus is equipped with commercial global positioning 14 system (GPS) technology as required by this subdivision and such commer- 15 cial global positioning system (GPS) technology is used. The presence in 16 such stretch limousine or charter bus of commercial global positioning 17 system (GPS) technology connected to a power source and in an operable 18 condition is presumptive evidence of its use by any person operating 19 such stretch limousine or charter bus. Such presumption may be rebutted 20 by any credible and reliable evidence which tends to show that such 21 commercial global positioning system (GPS) technology was not in use. 22 (c) For the purposes of this subdivision: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09003-04-1S. 6321--A 2 1 (i) "Stretch limousine" shall mean an altered motor vehicle having a 2 seating capacity of nine or more passengers, including the driver, 3 commonly referred to as a "stretch limousine" and which is used in the 4 business of transporting passengers for compensation; [and] 5 (ii) "Charter bus" shall mean a bus transporting passengers for 6 compensation in a chartered party; 7 (iii) "Chartered party" shall mean a group of persons who, pursuant to 8 a common purpose and under a single contract and at a fixed charge, have 9 acquired exclusive use of a bus to travel together as a group to a 10 specific destination or for a particular itinerary either agreed upon in 11 advance or modified after having left the place of origin by such group; 12 and 13 [(ii)] (iv) "Commercial global positioning system (GPS) technology" 14 shall mean global positioning system (GPS) technology which has been 15 specifically designed to assist in the navigation of commercial motor 16 vehicles. 17 § 2. Severability. If any clause, sentence, subdivision, paragraph, 18 section or part of this act be adjudged by any court of competent juris- 19 diction to be invalid, or if any federal agency determines in writing 20 that this act would render New York state ineligible for the receipt of 21 federal funds such judgment or written determination shall not affect, 22 impair or invalidate the remainder thereof, but shall be confined in its 23 operation to the clause, sentence, subdivision, paragraph, section or 24 part thereof directly involved in the controversy in which such judgment 25 or written determination shall have been rendered. 26 § 3. This act shall take effect on the one hundred eightieth day after 27 it shall have become a law; provided, however, that this act shall be 28 deemed repealed if any federal agency determines in writing that this 29 act would render New York state ineligible for the receipt of federal 30 funds or any court of competent jurisdiction finally determines that 31 this act would render New York state out of compliance with federal law 32 or regulation; provided, further, that the commissioner of transporta- 33 tion shall notify the legislative bill drafting commission upon the 34 occurrence of the provisions of section two of this act in order that 35 the commission may maintain an accurate and timely effective data base 36 of the official text of the laws of the state of New York in furtherance 37 of effectuating the provisions of section 44 of the legislative law and 38 section 70-b of the public officers law. Effective immediately, the 39 addition, amendment and/or repeal of any rule or regulation necessary 40 for the implementation of this act on its effective date are authorized 41 to be made and completed on or before such effective date.