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

                                  1293

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GANTT, WEISENBERG, PRETLOW -- Multi-Sponsored by
  -- M. of A. BING, CAHILL, CUSICK, 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-
portation,  or the interstate commerce commission, (c) is regulated as a

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

A                                                          LBD03160-01-1

A. 1293                             2

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.