S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   762

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. GANTT, WEISENBERG, PRETLOW -- Multi-Sponsored by
  -- M. of A.   BING, CAHILL, CARROZZA,  CUSICK,  FIELDS,  HYER-SPENCER,
  JOHN,  KOON,  MAGEE,  PAULIN,  RAMOS  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  expanding
  the definition of bus

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 509-a of the vehicle  and  traffic
law,  as  amended by chapter 853 of the laws of 1992, is amended to read
as follows:
  (1) bus shall mean every  motor  vehicle,  owned,  leased,  rented  or
otherwise  controlled  by a motor carrier, which (a) is a school bus (I)
as defined in section one hundred forty-two of this chapter  [or];  (II)
WHICH  IS  OWNED BY A PUBLIC OR GOVERNMENTAL AGENCY, PRE-SCHOOL, NURSERY
SCHOOL OR PRIVATE SCHOOL AND OPERATED FOR THE TRANSPORTATION OF CHILDREN
LESS THAN SCHOOL AGE, TEACHERS AND OTHER PERSONS ACTING IN A SUPERVISORY
CAPACITY, TO AND FROM A PRE-SCHOOL, NURSERY SCHOOL OR SCHOOL  ACTIVITIES
OR  PRIVATELY OWNED AND OPERATED FOR COMPENSATION FOR THE TRANSPORTATION
OF CHILDREN LESS THAN SCHOOL AGE, TEACHERS AND OTHER PERSONS ACTING IN A
SUPERVISORY CAPACITY TO OR FROM A PRE-SCHOOL, NURSERY SCHOOL  OR  SCHOOL
ACTIVITIES  PURSUANT  TO  AN  AGREEMENT WITH SUCH PUBLIC OR GOVERNMENTAL
AGENCY, PRE-SCHOOL OR NURSERY SCHOOL; OR (III) has a seating capacity of
more than ten adult passengers in addition to the driver  and  which  is
used  for  the  transportation of persons under the age of twenty-one or
persons of any age who are mentally or physically disabled to a place of
vocational, academic  or  religious  instruction  or  religious  service
including  nursery  schools, day care centers and camps, (b) is required
to obtain approval to operate in the  state  as  a  common  or  contract
carrier  of  passengers by motor vehicle from the commissioner of trans-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

A                                                          LBD03723-01-9

A. 762                              2

portation, or the interstate commerce commission, (c) is regulated as  a
bus  line  by a city that has adopted an ordinance, local law or charter
to regulate or franchise bus line  operations  pursuant  to  subdivision
four  of section eighty of the transportation law, (d) is regulated as a
van service or other common  carrier  of  passengers  by  motor  vehicle
covered  under  article seven of the transportation law by a city with a
population of over one million pursuant to an  ordinance  or  local  law
adopted  pursuant to subdivision five of section eighty of the transpor-
tation law or (e) is operated by a transit authority or municipality and
is used to transport persons for hire. Provided, however, that bus shall
not mean an authorized emergency vehicle operated in the  course  of  an
emergency, or a motor vehicle used in the transportation of agricultural
workers to and from their place of employment;
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.