S T A T E O F N E W Y O R K
________________________________________________________________________
6188--A
Cal. No. 1086
2019-2020 Regular Sessions
I N S E N A T E
May 21, 2019
___________
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- reported
favorably from said committee, ordered to first report, amended on
first report, ordered to a second report and ordered reprinted,
retaining its place in the order of second report
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11412-06-9
S. 6188--A 2
SAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BY
BOTH SUCH FINE AND IMPRISONMENT.
§ 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
S. 6188--A 3
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; 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.
