NY State Senate Bill 2019-S8016

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2020	referred to transportation

2019-S8016 (ACTIVE) - Details

See Assembly Version of this Bill:: A7887
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add Art 47-A §§2240 - 2245, amd Title 11 Head, V & T L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3602, A1085
2023-2024: S1664, A1175

2019-S8016 (ACTIVE) - Summary

Requires registration of general aviation aircrafts; aircrafts used for civil aviation; issuance of certificates of registration; proof of insurance.

2019-S8016 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8016

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
registration of general aviation aircrafts

 
PURPOSE OR GENERAL IDEA OF BILL:

A bill to amend the vehicle and traffic to require owners of general
aviation aircraft to register with the commissioner.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the vehicle and traffic law by adding a new Article
47-A with six new sections 2240, 2241, 2242, 2243, 2244, and 2245, which
require an owner of general aviation aircraft to register the aircraft
with the commissioner.

Section 2 amends the title heading of title 11 of the vehicle and traf-

fic law, as amended by chapter 869 of the laws of 1976, to included
registration of general aviation aircraft.

Section 3 provides that the statute will take effect ninety days after
passing.

 
JUSTIFICATION:

The proposed bill would require that New York State residents who own
general aviation aircraft register the aircraft with the New York State
Department of Transportation and show proof of third party liability
insurance, which would essentially require third party liability insur-
ance of all general aviation aircraft. The goal of this bill is to
encourage higher safety standards than the minimum required by the FAA,
considering that insurance companies, in protecting their business, will
require more of general aviation aircraft owners and that will, in turn,
increase safety. New York State Department of Transportation should have
records of the numbers of planes and plane owners in the state, and
should take measures to make sure that general aviation aircraft are
operated with best practices and liability precautions available. In the
absence of action by the FAA or Congress in this area, it has fallen to
the states to take steps and New York should be a leader in this area.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect ninety days after it shall become law.

2019-S8016 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8016
 
                             I N  S E N A T E
 
                              March 10, 2020
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   registration of general aviation aircrafts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 article 47-A to read as follows:
                               ARTICLE 47-A
                 REGISTRATION OF GENERAL AVIATION AIRCRAFT
 SECTION 2240. JURISDICTION OF THE DEPARTMENT.
         2241. DEFINITIONS.
         2242. REGISTRATION.
         2243. CERTIFICATE OF REGISTRATION.
         2244. PROOF OF INSURANCE.
         2245. REGISTRATION RECORD.
   §  2240.  JURISDICTION  OF  THE  DEPARTMENT. THE STATE REGISTRATION OF
 GENERAL AVIATION AIRCRAFT SHALL BE UNDER THE JURISDICTION OF THE DEPART-
 MENT OF TRANSPORTATION. STATE REGISTRATION IS IN ADDITION,  AND  NOT  IN
 PLACE  OF,  ANY  REGISTRATION REQUIREMENTS FOR GENERAL AVIATION AIRCRAFT
 SET OUT BY THE FEDERAL AVIATION ADMINISTRATION.
   § 2241. DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS  ARTICLE,  "GENERAL
 AVIATION  AIRCRAFT"  SHALL  MEAN  AN  AIRCRAFT  THAT  IS  USED  IN CIVIL
 AVIATION, OTHER THAN COMMERCIAL AIRCRAFT AS DEFINED IN PARAGRAPH  SEVEN-
 TEEN  OF  SUBDIVISION  (B) OF SECTION ELEVEN HUNDRED ONE OF THE TAX LAW,
 MILITARY AIRCRAFT, UNMANNED AERIAL VEHICLES OR DRONES.
   § 2242. REGISTRATION. 1. PROHIBITIONS. NO PERSON RESIDING IN NEW  YORK
 STATE  SHALL  OWN  A  GENERAL  AVIATION  AIRCRAFT,  UNLESS  SUCH GENERAL
 AVIATION AIRCRAFT IS REGISTERED, AS EVIDENCED BY A REGISTRATION  CERTIF-
 ICATE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   2.  ISSUANCE AND PERIOD OF VALIDITY. THE COMMISSIONER IS AUTHORIZED TO
 REGISTER A GENERAL AVIATION AIRCRAFT AND ISSUE  A  REGISTRATION  CERTIF-
 ICATE.  UNLESS OTHERWISE PRESCRIBED BY THE COMMISSIONER, ANY SUCH REGIS-
 TRATION SHALL BE VALID FOR A PERIOD OF THREE YEARS UNLESS, PRIOR TO SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11551-01-9

 S. 8016                             2
 
 REGISTRATION DATE, IT IS SURRENDERED, CANCELLED,  REVOKED  OR  SUSPENDED
 PURSUANT  TO  THE  PROVISIONS  OF  THIS ARTICLE, OR THE GENERAL AVIATION
 AIRCRAFT IS TRANSFERRED TO ANOTHER OWNER. AT THE END OF  SUCH  REGISTRA-
 TION  PERIOD, THE REGISTRATION SHALL EXPIRE AND THE OWNER OF THE GENERAL
 AVIATION AIRCRAFT SHALL REAPPLY FOR THE REGISTRATION.
   3. APPLICATION. THE OWNER OF EACH GENERAL AVIATION AIRCRAFT  REQUIRING
 REGISTRATION  UNDER THIS ARTICLE SHALL PRESENT AN APPLICATION FOR REGIS-
 TRATION TO THE COMMISSIONER WITHIN THIRTY  DAYS  OF  BECOMING  AN  OWNER
 THEREOF,  ON A FORM PROVIDED BY THE DEPARTMENT ON PAPER OR ONLINE.  SUCH
 APPLICATION SHALL CONTAIN THE NAME OF THE OWNER, ADDRESS OF RESIDENCE, A
 SPECIFIC DESCRIPTION OF THE AIRCRAFT AND IDENTIFICATION NUMBER  ASSIGNED
 BY  THE FEDERAL AVIATION ADMINISTRATION, PROOF OF INSURANCE AS DESCRIBED
 UNDER THIS ARTICLE, THE PRIMARY LOCATION OR LOCATIONS WHERE THE  GENERAL
 AVIATION  AIRCRAFT  WILL BE STORED AND ANY OTHER INFORMATION REQUIRED BY
 THE COMMISSIONER.
   4. CHANGE OF ADDRESS. THE  OWNER  OF  ANY  GENERAL  AVIATION  AIRCRAFT
 REGISTERED  PURSUANT  TO THE PROVISIONS OF THIS SECTION SHALL NOTIFY THE
 COMMISSIONER IN WRITING OF ANY CHANGE OF ADDRESS WITHIN TEN  DAYS  AFTER
 SUCH  CHANGE  OCCURS AND THE NEW ADDRESS OF SUCH OWNER SHALL BE NOTED ON
 THE CERTIFICATE OF REGISTRATION FOR SUCH GENERAL AVIATION AIRCRAFT.
   5. CHANGE OF OWNERSHIP. UPON THE CHANGE  IN  OWNERSHIP  OF  A  GENERAL
 AVIATION  AIRCRAFT REGISTERED PURSUANT TO THIS SECTION, UNLESS OTHERWISE
 PROVIDED BY REGULATION OF THE COMMISSIONER, THE CERTIFICATE OF REGISTRA-
 TION SHALL BE SIGNED AND DATED BY THE FORMER OWNER  AND  SURRENDERED  TO
 THE  COMMISSIONER.  THE  COMMISSIONER  SHALL  BE  NOTIFIED BY THE FORMER
 OWNER, IN A MANNER PRESCRIBED BY  THE  COMMISSIONER,  OF  THE  NAME  AND
 ADDRESS  OF  THE  PURCHASER,  THE  DATE  OF THE TRANSFER AND THE FEDERAL
 AVIATION ADMINISTRATION IDENTIFICATION NUMBER.
   6.  DESTRUCTION,  THEFT,  LOSS  OR  ABANDONMENT  OF  GENERAL  AVIATION
 AIRCRAFT. THE OWNER OF ANY GENERAL AVIATION AIRCRAFT REGISTERED PURSUANT
 TO THE PROVISIONS OF THIS SECTION SHALL NOTIFY THE COMMISSIONER IN WRIT-
 ING  OF  THE  DESTRUCTION,  THEFT,  LOSS  OR ABANDONMENT OF SUCH GENERAL
 AVIATION AIRCRAFT WITHIN FIFTEEN DAYS THEREAFTER, AND IN  THE  EVENT  OF
 THE  LOSS, DESTRUCTION OR ABANDONMENT OF SUCH GENERAL AVIATION AIRCRAFT,
 THE CERTIFICATE OF REGISTRATION SHALL BE SURRENDERED WITH SUCH NOTICE.
   § 2243. CERTIFICATE OF REGISTRATION. 1. ISSUANCE. UPON THE APPROVAL OF
 AN APPLICATION FOR REGISTRATION, THE COMMISSIONER SHALL ISSUE A  CERTIF-
 ICATE  OF REGISTRATION IN SUCH MANNER AND FORM AS THE COMMISSIONER SHALL
 PRESCRIBE.
   2. CERTIFICATE OF REGISTRATION. THE CERTIFICATE OF REGISTRATION ISSUED
 BY THE COMMISSIONER SHALL BE AVAILABLE AT ALL TIMES  FOR  INSPECTION  ON
 THE  GENERAL  AVIATION  AIRCRAFT  FOR  WHICH  IT IS ISSUED WHENEVER SUCH
 AIRCRAFT IS IN OPERATION, UNLESS OTHERWISE PROVIDED BY A RULE  OR  REGU-
 LATION  OF  THE  COMMISSIONER. EVERY PERSON OPERATING A GENERAL AVIATION
 AIRCRAFT SHALL, UPON THE DEMAND OF ANY PEACE OFFICER, FEDERAL OFFICER OR
 OTHER PERSON HAVING THE AUTHORITY TO  ENFORCE  THE  PROVISIONS  OF  THIS
 CHAPTER,  PRODUCE  THE  CERTIFICATE  OF REGISTRATION FOR INSPECTION. THE
 FAILURE TO PRODUCE THE CERTIFICATE OF REGISTRATION, AS PROVIDED  HEREIN,
 SHALL  NOT BE AN OFFENSE, BUT SHALL BE PRESUMPTIVE EVIDENCE OF OPERATING
 A GENERAL AVIATION AIRCRAFT WHICH IS NOT REGISTERED AS REQUIRED BY  THIS
 ARTICLE.
   3.  EXPIRATION  OF  REGISTRATION  CERTIFICATE.  THE REGISTERED OWNER'S
 RIGHT TO THE REGISTRATION CERTIFICATE PROVIDED FOR IN THIS SECTION SHALL
 EXPIRE UPON THE TERMINATION OF OWNERSHIP OF ANY PERSON IN  THE  AIRCRAFT
 FOR WHICH THE SAME WAS ISSUED.

 S. 8016                             3

   §  2244.  PROOF  OF INSURANCE. 1. COVERAGE. (A) EVERY OWNER OF GENERAL
 AVIATION AIRCRAFT IN THIS STATE, UPON APPLYING FOR  REGISTRATION,  SHALL
 SUPPLY  INFORMATION  AS DETAILED IN PARAGRAPH (B) OF THIS SUBDIVISION AS
 PROOF THAT THE GENERAL AVIATION AIRCRAFT DURING THE PERIOD OF ITS OPERA-
 TION  IS  COVERED  BY  AN INSURANCE POLICY WITHIN THE LIMITS OF NOT LESS
 THAN ONE HUNDRED THOUSAND DOLLARS PER PASSENGER SEAT LIABILITY BOTH  FOR
 PASSENGER  BODILY INJURY OR DEATH AND FOR PROPERTY DAMAGE; NOT LESS THAN
 ONE HUNDRED THOUSAND DOLLARS FOR BODILY INJURY OR DEATH TO EACH NON-PAS-
 SENGER IN ANY ONE ACCIDENT; AND NOT LESS  THAN  THREE  HUNDRED  THOUSAND
 DOLLARS  PER  OCCURRENCE FOR BODILY INJURY OR DEATH TO NON-PASSENGERS IN
 ANY ONE ACCIDENT.
   (B) THE INFORMATION SUPPLIED TO THE COMMISSIONER MUST INCLUDE, BUT  IS
 NOT  LIMITED  TO,  THE  NAME  AND  ADDRESS OF THE OWNER, THE NAME OF THE
 INSURER, THE INSURANCE POLICY  NUMBER,  THE  TERM  OF  COVERAGE,  POLICY
 LIMITS AND ANY OTHER DATA THE COMMISSIONER REQUIRES.
   2.  NOTIFICATION.  IN THE EVENT OF CANCELLATION OF AIRCRAFT INSURANCE,
 THE OWNER SHALL NOTIFY THE COMMISSIONER AT LEAST TEN DAYS PRIOR  TO  THE
 DATE  ON WHICH THE INSURANCE COVERAGE IS TO BE TERMINATED.  UNLESS PROOF
 OF A NEW POLICY OF INSURANCE IS FILED WITH THE COMMISSIONER MEETING  THE
 REQUIREMENTS  OF  THIS  SECTION,  THE  REGISTRATION  CERTIFICATE FOR THE
 AIRCRAFT SHALL BE REVOKED THEREWITH.
   3. EXEMPTION FROM INSURANCE REQUIREMENT. NOTHING IN  THIS  SUBDIVISION
 SHALL  BE  CONSTRUED  TO  REQUIRE  AN  OWNER  OF AN AIRCRAFT TO MAINTAIN
 PASSENGER SEAT LIABILITY COVERAGE ON AIRCRAFT FOR WHICH AN  EXPERIMENTAL
 CERTIFICATE HAS BEEN ISSUED BY THE ADMINISTRATOR OF THE FEDERAL AVIATION
 ADMINISTRATION  PURSUANT TO CODE OF FEDERAL REGULATIONS, TITLE 14, WHERE
 UNDER PERSONS  OPERATING  THE  AIRCRAFT  ARE  PROHIBITED  FROM  CARRYING
 PASSENGERS  IN  THE AIRCRAFT. WHENEVER THE AIRCRAFT BECOMES CERTIFIED TO
 CARRY PASSENGERS, PASSENGER SEAT LIABILITY COVERAGE SHALL BE REQUIRED AS
 PROVIDED BY THIS SECTION.
   § 2245. REGISTRATION RECORD. UPON THE ISSUANCE OF REGISTRATION  FOR  A
 GENERAL AVIATION AIRCRAFT, AS PROVIDED IN THIS ARTICLE, THE COMMISSIONER
 SHALL  ENTER UPON THE RECORDS OF THE DEPARTMENT THE REGISTRATION OF SUCH
 GENERAL AVIATION AIRCRAFT.
   § 2. The title heading of title 11 of the vehicle and traffic law,  as
 amended  by  chapter  869  of  the  laws  of 1976, is amended to read as
 follows:
         REGISTRATION OF SNOWMOBILES, GENERAL AVIATION AIRCRAFTS,
                    MOTORBOATS AND LIMITED USE VEHICLES
 
   § 3. 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 effective date.

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Senate Bill S8016

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S8016 (ACTIVE) - Details

2019-S8016 (ACTIVE) - Summary

2019-S8016 (ACTIVE) - Sponsor Memo

2019-S8016 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8016

Share this bill

Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S8016 (ACTIVE) - Details

2019-S8016 (ACTIVE) - Summary

2019-S8016 (ACTIVE) - Sponsor Memo

2019-S8016 (ACTIVE) - Bill Text download pdf

Comments