S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8172
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2019
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the  punish-
   ment  for  certain  traffic  infractions committed by an operator of a
   stretch limousine or other motor  carrier  designed  or  modified  for
   purposes of having a seating capacity of nine or more passengers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision c of section 1161 of the  vehicle  and  traffic
 law,  as  added  by  section 14 of part III of chapter 59 of the laws of
 2019, is amended to read as follows:
   c. (I) No altered motor vehicle commonly referred  to  as  a  "stretch
 limousine"  OR  OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR PURPOSES OF
 having a seating capacity of [ten] NINE or more passengers including the
 driver shall make a U-turn upon any public highway or private road  open
 to public motor vehicle traffic.
   (II) A VIOLATION OF PARAGRAPH (I) OF THIS SUBDIVISION SHALL BE A TRAF-
 FIC  INFRACTION, PUNISHABLE BY NO LESS THAN TWO HUNDRED FIFTY DOLLARS OR
 BY IMPRISONMENT IN A PENITENTIARY OR  COUNTY  JAIL  FOR  NOT  MORE  THAN
 FIFTEEN  DAYS,  OR  BY  BOTH SUCH FINE AND IMPRISONMENT. IF THE OPERATOR
 VIOLATES PARAGRAPH (I) OF THIS SUBDIVISION WHILE CARRYING  ONE  OR  MORE
 PASSENGERS  OTHER THAN THE DRIVER, SUCH VIOLATION SHALL BE PUNISHABLE BY
 NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT IN A  PENITENTIARY
 FOR  NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT. A
 PERSON WHO OPERATES A VEHICLE IN VIOLATION  OF  PARAGRAPH  (I)  OF  THIS
 SUBDIVISION  AFTER  HAVING  BEEN  CONVICTED OF ONE OR MORE VIOLATIONS OF
 SUCH PARAGRAPH WITHIN THE PRECEDING EIGHTEEN MONTHS SHALL BE PUNISHED BY
 A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO THOU-
 SAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN  NINETY  DAYS,  OR  BY
 BOTH SUCH FINE AND IMPRISONMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11412-07-9
              

 A. 8172                             2
 
   § 2. Paragraph 1 of subdivision (b) of section 1800 of the vehicle and
 traffic  law,  as amended by chapter 574 of the laws of 2006, is amended
 to read as follows:
   1.  Every  person convicted of a traffic infraction for a violation of
 any of the provisions of this chapter or of any ordinance,  order,  rule
 or  regulation  adopted  pursuant  to  section sixteen hundred thirty or
 sixteen hundred thirty-one of this chapter for which another penalty  is
 not  provided shall for a first conviction thereof be punished by a fine
 of not more than one hundred fifty dollars or by  imprisonment  for  not
 more  than  fifteen  days  or  by both such fine and imprisonment; for a
 conviction of a second violation, both of which were committed within  a
 period  of  eighteen  months, such person shall be punished by a fine of
 not more than three hundred dollars or by imprisonment for not more than
 forty-five days or by both such fine and imprisonment; upon a conviction
 of a third or subsequent violation, all of which were committed within a
 period of eighteen months, such person shall be punished by  a  fine  of
 not more than four hundred fifty dollars or by imprisonment for not more
 than  ninety  days  or by both such fine and imprisonment, except that a
 person convicted of a traffic infraction for a  violation  of  paragraph
 one  of  subdivision  (d)  of section one thousand one hundred eleven of
 this chapter outside of a city having a population  of  one  million  or
 more shall, for a first conviction thereof, be punished by a fine of not
 less  than  seventy-five  dollars  nor more than two hundred twenty-five
 dollars or by imprisonment for not more than fifteen  days  or  by  both
 such fine and imprisonment; for a conviction of a second violation, both
 of  which were committed within a period of eighteen months, such person
 shall be punished by a fine of not less than one hundred  fifty  dollars
 nor  more than three hundred seventy-five dollars or by imprisonment for
 not more than forty-five days or by both  such  fine  and  imprisonment;
 upon  a conviction of a third or subsequent violation, all of which were
 committed within a period of  eighteen  months,  such  person  shall  be
 punished  by  a fine of not less than three hundred seventy-five dollars
 nor more than six hundred seventy-five dollars or  by  imprisonment  for
 not  more  than ninety days or by both such fine and imprisonment except
 that a person convicted for a violation of paragraph one of  subdivision
 (d)  of  section  one thousand one hundred eleven of this chapter shall,
 for a first conviction thereof, be punished by a fine of not  less  than
 one hundred fifty dollars nor more than four hundred fifty dollars or by
 imprisonment  for  not  more  than fifteen days or by both such fine and
 imprisonment; for a conviction of a second violation, both of which were
 committed within a period of  eighteen  months,  such  person  shall  be
 punished  by a fine of not less than three hundred dollars nor more than
 seven hundred fifty dollars or by imprisonment for not more than  forty-
 five  days or by both such fine and imprisonment; upon a conviction of a
 third or subsequent violation, all of  which  were  committed  within  a
 period  of  eighteen  months, such person shall be punished by a fine of
 not less than seven hundred fifty dollars nor  more  than  one  thousand
 five hundred dollars or by imprisonment for not more than ninety days or
 by  both such fine and imprisonment. PROVIDED, HOWEVER, THAT A VIOLATION
 OF PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ONE THOUSAND ONE  HUNDRED
 ELEVEN  OF  THIS  CHAPTER  SHALL,  FOR  A  FIRST  CONVICTION THEREOF, BE
 PUNISHED BY A FINE OF NOT LESS THAN TWO  HUNDRED  FIFTY  DOLLARS  OR  BY
 IMPRISONMENT  FOR  NOT  MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND
 IMPRISONMENT IF THE OPERATOR  IS  OPERATING  AN  ALTERED  MOTOR  VEHICLE
 COMMONLY  REFERRED  TO  AS  A "STRETCH LIMOUSINE" OR OTHER MOTOR CARRIER
 DESIGNED OR MODIFIED FOR PURPOSES OF HAVING A SEATING CAPACITY  OF  NINE

 A. 8172                             3
 
 OR MORE PASSENGERS INCLUDING THE DRIVER; PROVIDED FURTHER, HOWEVER, THAT
 A  VIOLATION OF SUCH SUBDIVISION IF THE OPERATOR IS OPERATING AN ALTERED
 MOTOR VEHICLE COMMONLY REFERRED TO AS A  "STRETCH  LIMOUSINE"  OR  OTHER
 MOTOR  CARRIER  DESIGNED  OR  MODIFIED  FOR PURPOSES OF HAVING A SEATING
 CAPACITY OF NINE OR MORE PASSENGERS WHILE CARRYING ONE OR  MORE  PASSEN-
 GERS  OTHER  THAN  THE  DRIVER SHALL, FOR A FIRST CONVICTION THEREOF, BE
 PUNISHED BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISON-
 MENT FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE  AND  IMPRISON-
 MENT  AND  FOR  A  CONVICTION  OF A SECOND VIOLATION, BOTH OF WHICH WERE
 COMMITTED WITHIN A PERIOD OF  EIGHTEEN  MONTHS,  AN  OPERATOR  SHALL  BE
 PUNISHED  BY  A  FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE
 THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT  MORE  THAN  NINETY
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT IF THE OPERATOR IS OPERATING
 AN  ALTERED  MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE"
 OR OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR  PURPOSES  OF  HAVING  A
 SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING THE DRIVER.
   § 3. Paragraph 5 of subdivision (h) of section 1180 of the vehicle and
 traffic law, as amended by section 8 of part C of chapter 62 of the laws
 of 2003, is amended to read as follows:
   5.  Notwithstanding  the foregoing provisions of this subdivision, the
 maximum fine provided herein for the violation for which the  person  is
 sentenced may be increased by an additional one hundred fifty dollars if
 the  conviction  is  for  a  second violation of any subdivision of this
 section where both violations were committed within  an  eighteen  month
 period  OR WHERE THE CONVICTION IS FOR A FIRST VIOLATION OF ANY SUBDIVI-
 SION OF THIS SECTION IN WHICH THE  OPERATOR  WAS  OPERATING  AN  ALTERED
 MOTOR  VEHICLE  COMMONLY  REFERRED  TO AS A "STRETCH LIMOUSINE" OR OTHER
 MOTOR CARRIER DESIGNED OR MODIFIED FOR  PURPOSES  OF  HAVING  A  SEATING
 CAPACITY  OF  NINE OR MORE PASSENGERS WHILE CARRYING ONE OR MORE PASSEN-
 GERS OTHER THAN THE DRIVER, and the maximum fine provided herein for the
 violation for which the person is sentenced may be increased by an addi-
 tional three hundred seventy-five dollars if the  conviction  is  for  a
 third  or  subsequent violation of any subdivision of this section where
 all such violations were committed within an eighteen  month  period  OR
 WHERE  THE  CONVICTION  IS  FOR  A SECOND OR SUBSEQUENT VIOLATION OF ANY
 SUBDIVISION OF THIS SECTION IN  WHICH  THE  OPERATOR  WAS  OPERATING  AN
 ALTERED  MOTOR  VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" OR
 OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR PURPOSES OF HAVING A  SEAT-
 ING  CAPACITY  OF  NINE  OR  MORE  PASSENGERS WHILE CARRYING ONE OR MORE
 PASSENGERS OTHER THAN THE DRIVER.  Where an additional fine is  provided
 by  this  paragraph, a sentence of imprisonment for not more than thirty
 days may be imposed in place of or in addition to any fine imposed.
   § 4. This act shall take effect one year after it shall have become  a
 law;  provided,  however  that  if part III of chapter 59 of the laws of
 2019 shall not have taken effect on or before such  date,  then  section
 one  of  this  act  shall  take  effect on the same date and in the same
 manner as such part of chapter 59 of the laws of 2019 takes effect.