S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2978--A
     Cal. No. 151
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2019
                                ___________
 
 Introduced  by Sens. GAUGHRAN, KAMINSKY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee  on  Transporta-
   tion  --  reported favorably from said committee, ordered to first and
   second report, ordered to a third reading, passed by Senate and deliv-
   ered to the Assembly, recalled, vote reconsidered, restored  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08020-03-9

 S. 2978--A                          2
 
 ICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL MOTOR VEHICLES
 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.