S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1974
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by M. of A. ABINANTI, JAFFEE, ORTIZ, MOSLEY, STIRPE, THIELE,
   MONTESANO, McDONOUGH, GOTTFRIED, D'URSO, GALEF,  SCHIMMINGER  --  read
   once and referred to the Committee on Transportation
 
 AN  ACT  to  amend  the  transportation law, in relation to enacting the
   stretch limousine safety act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "stretch limousine safety act".
   § 2. Section 2 of the transportation law is amended by  adding  a  new
 subdivision 30-a to read as follows:
   30-A.  "STRETCH  LIMOUSINE"  MEANS A MOTOR VEHICLE THAT HAS BEEN MODI-
 FIED, ALTERED OR STRETCHED, WITH A LENGTHENED AUTOMOBILE CHASSIS AND  IS
 DESIGNED FOR CARRYING MORE THAN TEN PERSONS, INCLUDING THE DRIVER.
   §  3. The transportation law is amended by adding a new section 160 to
 read as follows:
   § 160. PROVISIONS RELATED TO STRETCH LIMOUSINES.  1.  ANY  CARRIER  OF
 PASSENGERS  WHICH OPERATES A STRETCH LIMOUSINE SHALL RETIRE SUCH STRETCH
 LIMOUSINE FROM TRANSPORTING PASSENGERS TEN  YEARS  FROM  THE  DATE  SUCH
 STRETCH LIMOUSINE WAS FIRST REGISTERED IN ANY STATE.
   2.  A.  ANY  CARRIER  OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE
 SHALL MAINTAIN INSURANCE COVERAGE IN THE AMOUNT OF  NOT  LESS  THAN  TWO
 MILLION DOLLARS PER ACCIDENT.
   B.  NO  PERSON  SHALL  OPERATE  A  STRETCH  LIMOUSINE FOR A CARRIER OF
 PASSENGERS WITHOUT PROOF OF THE INSURANCE COVERAGE REQUIRED BY PARAGRAPH
 A OF THIS SUBDIVISION.
   C. A VIOLATION OF PARAGRAPH A OR PARAGRAPH B OF THIS SUBDIVISION SHALL
 BE A MISDEMEANOR.
   3. A. NO CARRIER OF PASSENGERS  WHICH  OPERATES  A  STRETCH  LIMOUSINE
 SHALL  TRANSPORT  PASSENGERS  IN A STRETCH LIMOUSINE WHICH HAS FAILED AN

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02813-02-9
              

 A. 1974                             2
 
 INSPECTION CONDUCTED PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS CHAP-
 TER. A VIOLATION OF THIS SUBDIVISION SHALL BE A CLASS E FELONY.
    B.  A  CARRIER  OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE THAT
 HAS FAILED AN INSPECTION PURSUANT TO SECTION ONE HUNDRED FORTY  OF  THIS
 CHAPTER,  SHALL  WITHIN  TEN  DAYS TAKE CORRECTIVE MEASURES AND HAVE THE
 VEHICLE REINSPECTED BY THE DEPARTMENT. IF  SUCH  CARRIER  OF  PASSENGERS
 FAILS  TO  REINSPECT  THE  VEHICLE  WITHIN TEN DAYS THE COMMISSIONER MAY
 IMPOUND THE VEHICLE. THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGU-
 LATIONS  FOR  THE RETURN OF ANY SUCH IMPOUNDED VEHICLE TO THE CARRIER OF
 PASSENGERS.
   4. A. ANY CARRIER OF PASSENGERS WHICH  OPERATES  A  STRETCH  LIMOUSINE
 SHALL  AFFIX ON THE PASSENGER SIDE FRONT DOOR A CERTIFICATE EVIDENCING A
 SUCCESSFUL SAFETY INSPECTION THAT DISPLAYS THE DATE ON WHICH SUCH LIMOU-
 SINE WAS LAST SUCCESSFULLY INSPECTED.  SUCH CERTIFICATE SHALL BE  EQUIV-
 ALENT IN SIZE TO A NEW YORK STATE LICENSE PLATE AND SHALL BE DESIGNED BY
 THE COMMISSIONER.
   B.  ANY CARRIER OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE WHICH
 HAS FAILED A SAFETY INSPECTION SHALL AFFIX TO THE PASSENGER SIDE DOOR OF
 SUCH LIMOUSINE A NOTICE THAT SUCH LIMOUSINE  IS  NOT  FIT  TO  TRANSPORT
 PASSENGERS.  SUCH NOTICE SHALL BE EQUIVALENT IN SIZE TO A NEW YORK STATE
 LICENSE PLATE AND SHALL BE DESIGNED BY THE COMMISSIONER.
   C. FAILURE TO AFFIX SUCH CERTIFICATE AS REQUIRED  BY  PARAGRAPH  A  OF
 THIS  SUBDIVISION  OR  SUCH  NOTICE  AS  REQUIRED BY PARAGRAPH B OF THIS
 SUBDIVISION SHALL BE A MISDEMEANOR.
   5. EVERY INSPECTION OF  A  STRETCH  LIMOUSINE  CONDUCTED  PURSUANT  TO
 SECTION  ONE HUNDRED FORTY OF THIS CHAPTER SHALL BE MADE PUBLICLY AVAIL-
 ABLE AND POSTED TO THE DEPARTMENT WEBSITE.
   6. ANY OPERATOR OF A STRETCH LIMOUSINE SHALL BE REQUIRED TO  ATTEND  A
 SAFETY TRAINING COURSE FOR THE OPERATION OF A STRETCH LIMOUSINE AND MUST
 DEMONSTRATE  SUCCESSFUL  COMPLETION  OF  SAID  COURSE TO BE ELIGIBLE FOR
 LICENSURE UNDER STATE LAW.  THE COMMISSIONER SHALL PROMULGATE RULES  AND
 REGULATIONS  FOR  SAID  SAFETY  TRAINING  COURSE  FOR THE OPERATION OF A
 STRETCH LIMOUSINE AS DEFINED BY THIS SECTION.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such date.