NY State Senate Bill 2019-S309

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 09, 2019	referred to transportation

co-Sponsors

2019-S309 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §2, add §160, Transp L
Versions Introduced in 2017-2018 Legislative Session:: S9177

2019-S309 (ACTIVE) - Summary

Relates to enacting the stretch limousine safety act.

2019-S309 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S309

SPONSOR: FELDER
 
TITLE OF BILL:  An act to amend the transportation law, in relation to
enacting the stretch limousine safety act

 
PURPOSE:

To create a more comprehensive and thorough approach to the inspection
and licensure of stretch limousines

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the title "stretch limousine safety act"

Section 2 amends section 2 of the transportation law by the definition
of Stretch limousine

Section 3 amends the transportation law by adding a new section 160 that

1. Would require stretch limousines to be retired from service after 10

years.

2. Would require stretch limousines to have a minimum liability insur-
ance coverage of $2 million. Failure to comply would result in a misde-
meanor for both the driver and owner.

3. If the vehicle fails a DOT safety inspection, it is prohibited from
transporting passengers. If a vehicle fails inspection, then the owner
has 10 days to have the problems fixed and reinspected. After 10 days,
the commissioner can impound the vehicle.

4. All Stretch Limousines are required to display on a passenger door of
the vehicle, a license plate sized sticker that clearly states when
their last successful vehicle inspection took place. If a Stretch Limou-
sine fails a safety inspection, then the above sticker shall be removed
and replaced by a sticker of the same size which clearly indicates that
the Stretch Limousine cannot transport passengers.

5. DOT will report the results of every inspection on their website.

6. New rules and training for the operation of a stretch limousine.

 
JUSTIFICATION:

On October 6, 2018, a stretch limousine crashed, killing 20 people in
Schoharie, NY. It was the nation's deadliest transportation accident
since 2009. In all, 17 passengers, the driver and 2 pedestrians were
killed. Since this tragic accident, it has become obvious from news
reports that stretch limousines in New York State operate in a regulato-
ry limbo. Stretch limousine are not defined anywhere in State Law and
seem to be covered by a patchwork of regulations.  Stretch limousines
are regular cars or SW's which have been modified to have their bodies
extended in an effort to add additional seating.  The process used to
lengthen a vehicle can threaten the structural integrity and safety
features of a vehicle. Stretch limousines are cut up and put back
together with parts that were not originally designed for that
v4h4.01:e4 In addition, the modifications add several thousand pounds of
new fra'inework, plastic, and metal to the vehicle. This causes signif-
icant safety concerns for stretch limousines if brakes and other equip-
ment are not improved along with the modifications.

While many limousine operators take the safety of their passengers and
drivers seriously, there seems to be a certain population of operators
that does not. In an effort to cut corners, they put their passengers
and drivers at risk.

This bill would define stretch limousines for the first time in New York
State Law. In addition, it creates a more comprehensive approach to the
inspection and licensure of these vehicles in order to increase safety.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None to State

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law, provided, however, that effective immediately, the addi-
tion, 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.

2019-S309 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    309
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed 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.

                                                            LBD02813-01-9

 S. 309                              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, provided, however, that 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.

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Senate Bill S309

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2019-S309 (ACTIVE) - Details

2019-S309 (ACTIVE) - Summary

2019-S309 (ACTIVE) - Sponsor Memo

2019-S309 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S309

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Fred Akshar

2019-S309 (ACTIVE) - Details

2019-S309 (ACTIVE) - Summary

2019-S309 (ACTIVE) - Sponsor Memo

2019-S309 (ACTIVE) - Bill Text download pdf

Comments