S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4417--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M. of A. DenDEKKER, COLTON, M. G. MILLER, DICKENS, COOK,
   D'URSO, TAYLOR,  NIOU,  MOSLEY,  SOLAGES,  McDONOUGH,  MONTESANO,  RA,
   LAWRENCE,  GOTTFRIED  --  Multi-Sponsored  by -- M. of A. ENGLEBRIGHT,
   GALEF, MORINELLO, NOLAN, SIMON, THIELE -- read once  and  referred  to
   the Committee on Transportation -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
   charter buses to use commercial global positioning system technology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 375 of the vehicle and traffic law is amended by
 adding a new subdivision 54 to read as follows:
   54. CHARTER BUS COMMERCIAL GPS. (A) EVERY CHARTER  BUS  REGISTERED  IN
 THIS  STATE  SHALL  BE EQUIPPED WITH COMMERCIAL GLOBAL POSITIONING (GPS)
 TECHNOLOGY.
   (B) IT SHALL BE UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A  CHARTER
 BUS  REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN
 TO PUBLIC MOTOR VEHICLE TRAFFIC UNLESS SUCH CHARTER BUS IS EQUIPPED WITH
 COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS)  TECHNOLOGY  AS  REQUIRED  BY
 THIS SUBDIVISION.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "CHARTER BUS" SHALL MEAN A BUS TRANSPORTING PASSENGERS FOR COMPEN-
 SATION IN CHARTERED PARTY.
   (II)  "CHARTERED PARTY" SHALL MEAN A GROUP OF PERSONS WHO, PURSUANT TO
 A COMMON PURPOSE AND UNDER A SINGLE CONTRACT AND AT A FIXED CHARGE, HAVE
 ACQUIRED EXCLUSIVE USE OF A BUS TO TRAVEL  TOGETHER  AS  A  GROUP  TO  A
 SPECIFIC DESTINATION OR FOR A PARTICULAR ITINERARY EITHER AGREED UPON IN
 ADVANCE OR MODIFIED AFTER HAVING LEFT THE PLACE OF ORIGIN BY SUCH GROUP.
   (III)  "COMMERCIAL  GLOBAL  POSITIONING SYSTEM (GPS) TECHNOLOGY" SHALL
 MEAN GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY WHICH HAS  BEEN  SPECIF-
 ICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL MOTOR VEHICLES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08020-02-9

 A. 4417--A                          2
 
 WHICH  INCLUDES,  BUT  IS NOT LIMITED TO, SELECTION OF ROUTES WHICH TAKE
 INTO ACCOUNT THE MINIMUM CLEARANCE, WEIGHT RESTRICTION OR TURNING RADIUS
 OF SUCH COMMERCIAL MOTOR VEHICLE.
   §  2.  This  act shall be deemed repealed if any federal agency or any
 court of competent jurisdiction finally determines that this  act  would
 render New York state out of compliance with federal law or regulation.
   §  3.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 the  clause,  sentence,  subdivision, paragraph, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  4. This act shall take effect one year after it shall have become a
 law; provided that the commissioner of transportation shall  notify  the
 legislative   bill  drafting  commission  upon  the  occurrence  of  the
 provisions of section two of this act in order that the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  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 effective date.