S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6191
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  safety  require-
   ments  for certain motor vehicles which transport nine or more passen-
   gers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of item (b) of subparagraph (iii) of
 paragraph c of subdivision 2 of section 140 of the  transportation  law,
 as  amended  by section 1 of part III of chapter 59 of the laws of 2019,
 is amended and a new subdivision 5-a is added to read as follows:
   Any person, corporation, company,  association,  joint  stock  associ-
 ation, partnership, person or any officer or agent thereof, found guilty
 of violating any of the department's safety rules or regulations involv-
 ing  an out-of-service defect relating to brake systems, steering compo-
 nents and/or coupling devices OR ANY REQUIREMENT PURSUANT TO SUBDIVISION
 FIVE-A OF THIS SECTION shall be subject to a fine of not less than  five
 hundred dollars nor more than one thousand two hundred fifty dollars for
 the first offense, and upon being found guilty of a second or subsequent
 offense  committed within eighteen months by a fine of not less than one
 thousand two hundred fifty dollars nor more than three thousand dollars,
 or by imprisonment for not more than sixty days or by both such fine and
 imprisonment; provided, however, that if any such  person,  corporation,
 company,  association,  joint  stock association, partnership, person or
 any officer or agent thereof is  operating  a  farm  vehicle  registered
 pursuant  to  subdivision  thirteen  of  section four hundred one of the
 vehicle and traffic law in conformance with the terms of such  registra-
 tion,  and if the violation as set forth in the summons is corrected not
 later than one-half hour after sunset on the  third  full  business  day
 after  the  issuance  of the summons and proof of such correction as set
 forth in item (b) of subparagraph (iv) of this paragraph is submitted to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11415-02-9

 S. 6191                             2
 
 the court, the penalty for a first  violation  involving  brake  systems
 shall  be  a  fine of two hundred fifty dollars, the penalty for a first
 violation involving steering components and/or coupling devices shall be
 a  fine  of  two  hundred  dollars and the penalty for a first violation
 involving any other out-of-service defect shall be a fine of one hundred
 fifty dollars. A motor vehicle shall be deemed to be out-of-service only
 until such time as the applicable out-of-service defect is  repaired  or
 adjusted.
   5-A. A. ALL ALTERED MOTOR VEHICLES WHICH ARE REQUIRED TO HAVE A FEDER-
 AL  MOTOR VEHICLE SAFETY STANDARD CERTIFICATION LABEL IN ACCORDANCE WITH
 49 USC 30115 AND 49 CFR 567 AND REGULATED  BY  THE  COMMISSIONER,  WHICH
 HAVE THE CAPACITY TO TRANSPORT NINE OR MORE PASSENGERS FOR COMPENSATION,
 INCLUDING  THE OPERATOR, SHALL BE EQUIPPED WITH AT LEAST ONE COMBINATION
 LAP SAFETY AND SHOULDER HARNESS BELT FOR THE REAR SEAT FOR EACH  PASSEN-
 GER  FOR WHICH THE REAR SEAT OF SUCH VEHICLE WAS DESIGNED OR MODIFIED NO
 LATER THAN THE FIRST OF MAY, TWO THOUSAND TWENTY-ONE.
   B. NO SUCH MOTOR VEHICLE SHALL BE AUTHORIZED TO OPERATE IN THIS  STATE
 UNLESS  SUCH  MOTOR VEHICLE IS EQUIPPED WITH SAFETY BELT ASSEMBLY ANCHO-
 RAGES CONFORMING TO STANDARDS ESTABLISHED BY THE COMMISSIONER  FOR  EACH
 SAFETY BELT REQUIRED IN SUCH MOTOR VEHICLE.
   C.  ALL  SUCH MOTOR VEHICLES SHALL ADDITIONALLY BE EQUIPPED WITH ROLL-
 OVER PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS
 FOR THE PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS,  WHICH  SHALL
 CONFORM  TO STANDARDS ESTABLISHED BY THE COMMISSIONER AND BE INCLUDED IN
 THE DEPARTMENT'S SAFETY INSPECTION PROGRAM NO LATER THAN  THE  FIRST  OF
 MAY, TWO THOUSAND TWENTY-THREE.
   D. THIS SUBDIVISION SHALL NOT APPLY TO MOTOR VEHICLES REGULATED BY THE
 COMMISSIONER  THAT ARE USED IN THE BUSINESS OF TRANSPORTING SCHOOL CHIL-
 DREN FOR HIRE OR USED FOR THE TRANSPORTATION OF SCHOOL  CHILDREN,  OWNED
 AND/OR OPERATED BY SCHOOL DISTRICTS OR BY ANY PUBLIC OR PRIVATE SCHOOL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law. Effective immediately, the departments of
 motor vehicles and transportation, in consultation with other  agencies,
 are authorized to promulgate such rules and regulations as are necessary
 for the implementation of this act on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6191--A
     Cal. No. 1089
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced by Sens. KENNEDY, BRESLIN, GAUGHRAN -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Trans-
   portation -- 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 transportation law and the vehicle and traffic  law,
   in  relation  to  safety requirements for certain motor vehicles which
   transport nine or more passengers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of item (b) of subparagraph (iii) of
 paragraph c of subdivision 2 of section 140 of the  transportation  law,
 as  amended  by section 1 of part III of chapter 59 of the laws of 2019,
 is amended and a new subdivision 5-a is added to read as follows:
   Any person, corporation, company,  association,  joint  stock  associ-
 ation, partnership, person or any officer or agent thereof, found guilty
 of violating any of the department's safety rules or regulations involv-
 ing  an out-of-service defect relating to brake systems, steering compo-
 nents and/or coupling devices OR ANY REQUIREMENT PURSUANT TO SUBDIVISION
 FIVE-A OF THIS SECTION shall be subject to a fine of not less than  five
 hundred dollars nor more than one thousand two hundred fifty dollars for
 the first offense, and upon being found guilty of a second or subsequent
 offense  committed within eighteen months by a fine of not less than one
 thousand two hundred fifty dollars nor more than three thousand dollars,
 or by imprisonment for not more than sixty days or by both such fine and
 imprisonment; provided, however, that if any such  person,  corporation,
 company,  association,  joint  stock association, partnership, person or
 any officer or agent thereof is  operating  a  farm  vehicle  registered
 pursuant  to  subdivision  thirteen  of  section four hundred one of the
 vehicle and traffic law in conformance with the terms of such  registra-
 tion,  and if the violation as set forth in the summons is corrected not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11415-03-9

 S. 6191--A                          2
 
 later than one-half hour after sunset on the  third  full  business  day
 after  the  issuance  of the summons and proof of such correction as set
 forth in item (b) of subparagraph (iv) of this paragraph is submitted to
 the  court,  the  penalty  for a first violation involving brake systems
 shall be a fine of two hundred fifty dollars, the penalty  for  a  first
 violation involving steering components and/or coupling devices shall be
 a  fine  of  two  hundred  dollars and the penalty for a first violation
 involving any other out-of-service defect shall be a fine of one hundred
 fifty dollars. A motor vehicle shall be deemed to be out-of-service only
 until such time as the applicable out-of-service defect is  repaired  or
 adjusted.
   5-A. A. ALL ALTERED MOTOR VEHICLES WHICH ARE REQUIRED TO HAVE A FEDER-
 AL  MOTOR VEHICLE SAFETY STANDARD CERTIFICATION LABEL IN ACCORDANCE WITH
 49 USC 30115 AND 49 CFR 567 AND REGULATED  BY  THE  COMMISSIONER,  WHICH
 HAVE THE CAPACITY TO TRANSPORT NINE OR MORE PASSENGERS FOR COMPENSATION,
 INCLUDING THE OPERATOR, SHALL BE EQUIPPED WITH A SAFETY BELT APPROVED BY
 THE COMMISSIONER FOR THE REAR SEAT FOR EACH PASSENGER FOR WHICH THE REAR
 SEAT OF SUCH VEHICLE WAS DESIGNED OR MODIFIED NO LATER THAN THE FIRST OF
 MAY, TWO THOUSAND TWENTY-ONE.
   B.  NO SUCH MOTOR VEHICLE SHALL BE AUTHORIZED TO OPERATE IN THIS STATE
 UNLESS SUCH MOTOR VEHICLE IS EQUIPPED WITH SAFETY BELT  ASSEMBLY  ANCHO-
 RAGES  CONFORMING  TO STANDARDS ESTABLISHED BY THE COMMISSIONER FOR EACH
 SAFETY BELT REQUIRED IN SUCH MOTOR VEHICLE.
   C. ALL SUCH MOTOR VEHICLES SHALL ADDITIONALLY BE EQUIPPED  WITH  ROLL-
 OVER PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS
 FOR  THE  PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS, WHICH SHALL
 CONFORM TO STANDARDS ESTABLISHED BY THE COMMISSIONER AND BE INCLUDED  IN
 THE  DEPARTMENT'S  SAFETY  INSPECTION PROGRAM NO LATER THAN THE FIRST OF
 MAY, TWO THOUSAND TWENTY-TWO. ANY SUCH MOTOR VEHICLE THAT IS MODIFIED TO
 COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH SHALL PASS THE DEPARTMENT'S
 SAFETY INSPECTION AFTER THE INSTALLATION  OF  SUCH  ROLLOVER  PROTECTION
 DEVICES AND PRIOR TO OPERATING ON ANY ROADWAY.
   D. (I) ALL SUCH MOTOR VEHICLES MODIFIED OR EXTENDED AFTER THE FIRST OF
 JANUARY,  TWO  THOUSAND TWENTY, FOR PURPOSE OF INCREASING VEHICLE LENGTH
 IN AN AMOUNT SUFFICIENT TO ACCOMMODATE ADDITIONAL PASSENGERS,  SHALL  BE
 EQUIPPED WITH THE FOLLOWING ACCESSIBLE TO ALL PASSENGERS:
   (A) A MINIMUM OF TWO REAR DOORS; AND
   (B) A MINIMUM OF TWO REAR-PUSH OUT WINDOWS WHERE AT LEAST ONE PUSH-OUT
 WINDOW  SHALL BE LOCATED ON EACH SIDE OF THE VEHICLE, PROVIDED, HOWEVER,
 IF THE DESIGN OF THE ALTERED MOTOR VEHICLE PRECLUDES THE INSTALLATION OF
 A PUSH-OUT WINDOW ON ONE SIDE OF THE VEHICLE, THE SECOND PUSH-OUT WINDOW
 SHALL INSTEAD BE LOCATED IN THE ROOF OF THE VEHICLE, PROVIDED,  FURTHER,
 IF  THE  DESIGN  OF  SUCH  MOTOR VEHICLE PRECLUDES THE INSTALLATION OF A
 PUSH-OUT WINDOW ON EITHER SIDE OF THE VEHICLE, ONE PUSH-OUT WINDOW SHALL
 INSTEAD BE LOCATED IN THE ROOF OF SUCH VEHICLE.
   (II) SUCH DOORS AND WINDOWS AS REQUIRED PURSUANT TO  SUBPARAGRAPH  (I)
 OF  THIS  PARAGRAPH  SHALL  BE INSTALLED SUCH THAT THE PASSENGERS OF THE
 VEHICLE CAN OPEN SUCH DOORS OR WINDOWS FROM THE INSIDE OF THE VEHICLE IN
 CASE OF ANY EMERGENCY THAT REQUIRES THE IMMEDIATE EXIT OF THE  OCCUPANTS
 OF THE VEHICLE.
   (III)  THE  COMMISSIONER  SHALL ESTABLISH, BY REGULATION, STANDARDS TO
 ENSURE WINDOW EXITS ARE OPERABLE AND SUFFICIENT IN EMERGENCY  SITUATIONS
 FOR  ALTERED  MOTOR VEHICLE PASSENGERS. THE DEPARTMENT SHALL ENSURE THAT
 SUCH REGULATIONS COMPLY WITH ANY APPLICABLE FEDERAL MOTOR VEHICLE SAFETY
 STANDARDS.

 S. 6191--A                          3
 
   E. THIS SUBDIVISION SHALL NOT APPLY TO MOTOR VEHICLES REGULATED BY THE
 COMMISSIONER THAT ARE USED IN THE BUSINESS OF TRANSPORTING SCHOOL  CHIL-
 DREN  FOR  HIRE OR USED FOR THE TRANSPORTATION OF SCHOOL CHILDREN, OWNED
 AND/OR OPERATED BY SCHOOL DISTRICTS OR BY ANY PUBLIC OR PRIVATE  SCHOOL,
 OR TO MOTOR VEHICLES OWNED AND/OR OPERATED BY CHILDREN'S CAMPS OPERATING
 PURSUANT  TO  SECTION  THIRTEEN HUNDRED NINETY-FOUR OF THE PUBLIC HEALTH
 LAW.
   § 2. Subdivision 51 of section 375 of the vehicle and traffic law,  as
 added by chapter 495 of the laws of 2003, is amended to read as follows:
   51.  Taxicab  [and],  livery  AND STRETCH LIMOUSINE notices. (a) Every
 taxicab [and], livery, AND ALTERED MOTOR VEHICLE WHICH WAS ALTERED ON OR
 AFTER MAY FIRST, TWO THOUSAND TWENTY-ONE,  COMMONLY  REFERRED  TO  AS  A
 "STRETCH  LIMOUSINE", registered in this state shall have posted therein
 the following notice: "Seatbelts must be available for your use.  Please
 buckle up."
   (b)  The  notices  required  to be posted pursuant to paragraph (a) of
 this subdivision shall be posted in a manner legible and conspicuous  to
 passengers in all seating positions of such vehicles.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law. Effective immediately, the departments of
 motor vehicles and transportation, in consultation with other  agencies,
 are authorized to promulgate such rules and regulations as are necessary
 for the implementation of this act on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6191--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, CARLUCCI, GAUGHRAN, KAPLAN, LIU,
   PARKER, TEDISCO -- 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  --  recommitted  to  the  Committee  on
   Transportation  in  accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the vehicle and traffic law, in relation to the  instal-
   lation  of  safety  belts  in  stretch  limousines, and the posting of
   notice therein
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 1 of section 383 of the vehi-
 cle and traffic law, as added by chapter 86 of  the  laws  of  1968,  is
 amended and a new paragraph (d) is added to read as follows:
   (c)  A  motor  vehicle  manufactured  or assembled on or after January
 first, nineteen hundred sixty-eight, at least one safety belt  for  each
 passenger seat position[.];
   (D) AN ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOU-
 SINE"  WHICH WAS ALTERED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 ONE, AT LEAST TWO SAFETY BELTS FOR THE FRONT  SEAT,  AND  AT  LEAST  ONE
 SAFETY BELT FOR THE REAR SEAT FOR EACH PASSENGER FOR WHICH THE REAR SEAT
 OF  SUCH  VEHICLE  WAS  DESIGNED,  AND AT LEAST ONE SAFETY BELT FOR EACH
 PASSENGER SEAT POSITION.
   § 2. Section 383 of the vehicle and traffic law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. NO ALTERED MOTOR VEHICLE  COMMONLY  REFERRED  TO  AS  A  "STRETCH
 LIMOUSINE"  WHICH WAS ALTERED PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE SHALL BE SOLD OR REGISTERED IN THIS STATE  AND  NO  SUCH  ALTERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11415-05-9

 S. 6191--B                          2
 
 MOTOR  VEHICLE  ALTERED  PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-ONE
 REGISTERED IN THIS STATE SHALL BE OPERATED IN  THIS  STATE  UNLESS  SUCH
 VEHICLE  IS  RETROFITTED  AND EQUIPPED WITH SAFETY BELTS APPROVED BY AND
 CONFORMING  TO  STANDARDS ESTABLISHED BY THE COMMISSIONER AS FOLLOWS: AT
 LEAST TWO SAFETY BELTS FOR THE FRONT SEAT, AND AT LEAST ONE SAFETY  BELT
 FOR  THE  REAR  SEAT  FOR EACH PASSENGER FOR WHICH THE REAR SEAT OF SUCH
 VEHICLE WAS DESIGNED, AND AT LEAST ONE SAFETY BELT  FOR  EACH  PASSENGER
 SEAT POSITION.
   § 3. Subdivision 4-b of section 383 of the vehicle and traffic law, as
 added by chapter 495 of the laws of 2003, is amended to read as follows:
   4-b. Taxicabs [and], liveries, AND STRETCH LIMOUSINES.  All seat safe-
 ty belts installed in a taxicab or livery vehicle OR IN AN ALTERED MOTOR
 VEHICLE  COMMONLY  REFERRED TO AS A "STRETCH LIMOUSINE" pursuant to this
 section shall be clearly visible,  accessible  and  maintained  in  good
 working  order,  and  no  seat  safety belt installed in such taxicab or
 livery vehicle OR ALTERED MOTOR VEHICLE shall be removed therefrom.
   § 4. Subdivision 51 of section 375 of the vehicle and traffic law,  as
 added by chapter 495 of the laws of 2003, is amended to read as follows:
   51.  Taxicab  [and],  livery  AND STRETCH LIMOUSINE notices. (a) Every
 taxicab [and], livery, AND ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS
 A "STRETCH LIMOUSINE" WHICH WAS ALTERED ON OR AFTER JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE  OR  RETROFITTED  PURSUANT  TO SUBDIVISION ONE-A OF
 SECTION THREE HUNDRED EIGHTY-THREE OF THIS ARTICLE  registered  in  this
 state shall have posted therein the following notice: "Seatbelts must be
 available for your use. Please buckle up."
   (b)  The  notices  required  to be posted pursuant to paragraph (a) of
 this subdivision shall be posted in a manner legible and conspicuous  to
 passengers in all seating positions of such vehicles.
   §  5.  This  act shall take effect January 1, 2021; provided, however,
 that section two of this act shall take effect two years after this  act
 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.