S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6192--A
 
                        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 -- 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 transportation law and the vehicle and traffic law,
   in relation to stretch limousine safety requirements and changing  the
   class of license required to operate stretch limousines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 11 and 12 of section 151 of the transportation
 law, subdivision 11 as amended and subdivision 12 as  added  by  chapter
 330 of the laws of 2005, are amended to read as follows:
   11.  As  a  taxi or livery service, except for transportation services
 that are designed  for  the  transportation  of  transportation-disabled
 persons,  conducted  in  vehicles having a seating capacity of less than
 fifteen passengers pursuant to the jurisdiction or regulatory control of
 a municipality, other than a city with a population  over  one  million,
 authorized  to  adopt  an  ordinance  relating  to both registration and
 licensing pursuant to subdivision one of section one hundred  eighty-one
 of  the  general  municipal law, when service is conducted wholly within
 such municipality and when such service  is  available  to  the  general
 public on a prearranged or demand-response basis over a non-specified or
 irregular route with the point or points of pick-up and discharge deter-
 mined  by  the  passenger,  but  such  taxi  or livery service shall not
 include van service. For the  purpose  of  this  subdivision,  the  term
 "livery service" shall include the term "limousines" as used in subdivi-
 sion one of section one hundred eighty-one of the general municipal law.
 PROVIDED,  HOWEVER,  THAT ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS
 "STRETCH LIMOUSINES" HAVING A SEATING CAPACITY OF NINE OR  MORE  PASSEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11417-09-9

 S. 6192--A                          2
 
 GERS  INCLUDING THE DRIVER SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
 ONE HUNDRED FORTY OF THIS CHAPTER.
   12. As a taxi or livery service conducted in vehicles having a seating
 capacity  of  twenty  passengers or less pursuant to the jurisdiction or
 regulatory control of a city with a population over  one  million,  when
 such  service is conducted wholly within such a city; provided, however,
 that vehicles having a seating capacity of fifteen  or  more  passengers
 AND  ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES"
 HAVING A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING THE DRIV-
 ER shall be subject to the provisions of section one  hundred  forty  of
 this chapter.
   § 2. Subdivision 1 of section 501-a of the vehicle and traffic law, as
 added by chapter 173 of the laws of 1990, is amended to read as follows:
   1. Commercial driver's license or CDL. A class A or B driver's license
 or  a  class  C  driver's  license which bears an H, P or X endorsement,
 which licenses contain the legend  commercial  driving  license  or  CDL
 thereon  and  which  is  issued  in accordance with the commercial motor
 vehicle safety act of 1986, public law 99-570, title XII, and this arti-
 cle which authorizes a person to operate a commercial motor vehicle  AND
 AN  ALTERED  MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE"
 HAVING A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING THE DRIV-
 ER.
   § 3. Subparagraphs (ii) and (v) of paragraph (a) of subdivision  2  of
 section 501 of the vehicle and traffic law, subparagraph (ii) as amended
 by  chapter  696  of  the laws of 1990, and subparagraph (v) as added by
 chapter 173 of the laws of 1990, are amended to read as follows:
   (ii) Class B. Such license shall be valid to operate  any  vehicle  or
 combination of vehicles which may be operated with a class E license and
 shall  be  valid to operate any motor vehicle or any such vehicle, other
 than a tractor, towing a vehicle having a GVWR  of  not  more  than  ten
 thousand  pounds AND SHALL BE VALID TO OPERATE ANY ALTERED MOTOR VEHICLE
 COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" HAVING A SEATING  CAPACITY
 OF  NINE  OR MORE PASSENGERS INCLUDING THE DRIVER except it shall not be
 valid to operate a motorcycle other than a class  B  or  C  limited  use
 motorcycle.
   (v)  Class  E.  Such  license  shall be valid to operate only vehicles
 which may be operated with a class D license, except that in addition it
 shall be valid to operate any such motor vehicle, other than  a  vehicle
 defined  as  a  bus in subdivision one of section five hundred nine-a of
 this chapter, used to transport up to fourteen passengers for  hire  AND
 OTHER  THAN  AN ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH
 LIMOUSINE" HAVING A SEATING CAPACITY OF NINE OR MORE PASSENGERS  INCLUD-
 ING THE DRIVER.
   §  4.  Subparagraph  (iv) of paragraph (b) of subdivision 2 of section
 501 of the vehicle and traffic law, as amended by section 4 of part E of
 chapter 58 of the laws of 2016, is amended to read as follows:
   (iv) P endorsement. Shall be required to operate a bus as  defined  in
 sections  one  hundred four and five hundred nine-a of this chapter, ANY
 ALTERED MOTOR VEHICLE COMMONLY REFERRED  TO  AS  A  "STRETCH  LIMOUSINE"
 HAVING A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING THE DRIV-
 ER  or  any  motor  vehicle with a gross vehicle weight or gross vehicle
 weight rating of more than twenty-six thousand pounds which is  designed
 to  transport  passengers in commerce. For the purposes of this subpara-
 graph the gross vehicle weight of a vehicle shall mean the actual weight
 of the vehicle and the load.

 S. 6192--A                          3
 
   § 5. This act shall take effect one year 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.