S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5870
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced  by M. of A. SANTABARBARA, TAGUE -- read once and referred 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.
              

                                                            LBD06643-01-1

 A. 5870                             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 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-THREE.
   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-FOUR. ANY SUCH MOTOR VEHICLE THAT  IS  MODIFIED
 TO  COMPLY  WITH THE PROVISIONS OF THIS PARAGRAPH SHALL PASS THE DEPART-
 MENT'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-TWO,  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.
   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,

 A. 5870                             3
 
 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. 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.