NY State Senate Bill 2021-S6321A

Senate Bill S6321A

Signed By Governor

2021-2022 Legislative Session

Requires charter buses to have commercial global positioning system technology

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 08, 2021	signed chap.473
Sep 28, 2021	delivered to governor
Jun 07, 2021	returned to senate passed assembly ordered to third reading rules cal.431 substituted for a4950a
May 20, 2021	referred to transportation delivered to assembly passed senate
May 10, 2021	advanced to third reading
May 05, 2021	2nd report cal.
May 04, 2021	1st report cal.925
Apr 23, 2021	print number 6321a
Apr 23, 2021	amend (t) and recommit to transportation
Apr 21, 2021	referred to transportation

Votes

- May 20, 2021 - Floor Vote
  S6321A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 20, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 4, 2021 - Transportation Committee Vote
  S6321A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 4, 2021
      
      aye (13)
      
      Cooney
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Mattera
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Serino
      
      Skoufis

Bill Amendments

Original

A (Active)

2021-S6321 - Details

See Assembly Version of this Bill:: A4950
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8207, A10551
2019-2020: S2978, A4417

2021-S6321 - Summary

Requires charter buses to have commercial global positioning (GPS) technology; defines terms; makes related provisions.

2021-S6321 - Sponsor Memo

                                
 
BILL NUMBER: S6321

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
charter buses to use commercial global positioning system technology

 
PURPOSE:

To ensure that charter buses registered in this state have a commercial
global positioning system.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law by adding subdivision 55 to
section 375 of the vehicle and traffic law to require that every charter
bus registered in this state must have a commercial globe positioning
system.

Section 2 contains a severability clause. Section 3 provides the effec-

tive date.

 
JUSTIFICATION:

There have been incidents in which charter buses have hit an overpass,
injuring many of the passengers on board due to the use of an everyday
global positioning application rather than one made for commercial use.
These everyday applications were created for cars and will suggest park-
ways as potential routes even though parkways are not made for commer-
cial traffic. Commercial global positioning systems were created for
commercial vehicles and will not suggest a route that a commercial vehi-
cle could not take. The commercial systems take into consideration the
height of the bus, and will suggest only routes in which the overpasses
meet the minimum requirement for the bus. This would ensure that all
commercial buses would only drive on roads that are safe for a vehicle
of that size.

This bill has been amended in light of the 2019 veto to address issues
of federal preemption.

 
LEGISLATIVE HISTORY:;

S.2978 of 2019- Veto Number 177

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided however, that this act shall be deemed
repealed if any federal agency determines in writing that this act would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that this act would
render New York state out of compliance with federal law or regulation;
provided, further, that the commissioner of transportation shall notify
the legislative bill drafting commission upon the occurrence of the
provision 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.

2021-S6321 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6321
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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
   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 55 to read as follows:
   55.  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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09003-03-1

 S. 6321                             2
 
   §  2.  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, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal  funds  such judgment or written determination shall not affect,
 impair or invalidate 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
 or written determination shall have been rendered.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that this act shall be
 deemed repealed if any federal agency determines in  writing  that  this
 act  would  render  New York state ineligible for the receipt of federal
 funds or any court of competent  jurisdiction  finally  determines  that
 this  act would render New York state out of compliance with federal law
 or regulation; provided, further, that the commissioner  of  transporta-
 tion  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.

2021-S6321A (ACTIVE) - Details

See Assembly Version of this Bill:: A4950
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8207, A10551
2019-2020: S2978, A4417

2021-S6321A (ACTIVE) - Summary

Requires charter buses to have commercial global positioning (GPS) technology; defines terms; makes related provisions.

2021-S6321A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6321A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
every charter bus registered in this state be equipped with commercial
global positioning system technology

 
PURPOSE:

To ensure that every charter bus has a commercial global positioning
system while operating in New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law by adding section 509-dd,
which requires that every charter bus must have a commercial global
positioning system in order to operate in New York. For this purpose, a
charter bus will be any bus transporting passengers for compensation in
chartered party, where the two groups have a common purpose and under a

single contract agree to a specific destination and itinerary. The
commercial global positioning system is any system that is specifically
designed to assist navigation of commercial vehicles, which included
finding routes with minimum clearance of the bus.

 
JUSTIFICATION:

There have been incidents in which charter buses have hit the overpass
injuring many of the passengers on board due to the use of an everyday
global positioning application rather than one made for commercial use.
These everyday applications were created for cars and will suggest park-
ways as potential routes even though parkways are not made for commer-
cial traffic. Commercial global positioning systems were created for
commercial vehicles and will not suggest a route that a commercial vehi-
cle could not take. The commercial systems take into consideration the
height of the bus, and will suggest only routes in which the overpasses
meet the minimum requirement for the bus. This would ensure that all
commercial buses would only drive on roads that are safe for a vehicle
of that size.

This bill has been amended since the 2019 veto to address federal
preemption issues raised in the Governor's veto message.

 
LEGISLATIVE HISTORY:

S.2978A of 2019- Veto Number 177

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided however, that this act shall be deemed
repealed if any federal agency determines in writing that this act would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that this act would
render New York state out of compliance with federal law or regulation;
provided, further,' that the commissioner of transportation shall notify
the legislative bill drafting commission upon the occurrence of
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.

2021-S6321A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6321--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   every charter bus registered in this state be equipped with 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. Subdivision 54 of section 375 of the  vehicle  and  traffic
 law,  as  added by chapter 11 of the laws of 2020, is amended to read as
 follows:
   54. Stretch limousine  AND  CHARTER  BUS  commercial  GPS.  (a)  Every
 stretch  limousine  AND  CHARTER  BUS  registered in this state shall be
 equipped with commercial  global  positioning  system  (GPS)  technology
 within  no later than one year of the date upon which the national high-
 way traffic safety administration promulgates final  regulations  estab-
 lishing standards for commercial GPS.
   (b)  It shall be unlawful to operate or cause to be operated a stretch
 limousine OR CHARTER BUS registered in this state on any public  highway
 or private road open to public motor vehicle traffic unless such stretch
 limousine  OR CHARTER BUS is equipped with commercial global positioning
 system (GPS) technology as required by this subdivision and such commer-
 cial global positioning system (GPS) technology is used. The presence in
 such stretch limousine OR CHARTER BUS of commercial  global  positioning
 system  (GPS)  technology connected to a power source and in an operable
 condition is presumptive evidence of its use  by  any  person  operating
 such  stretch limousine OR CHARTER BUS. Such presumption may be rebutted
 by any credible and reliable evidence which  tends  to  show  that  such
 commercial global positioning system (GPS) technology was not in use.
   (c) For the purposes of this subdivision:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09003-04-1

 S. 6321--A                          2
 
   (i)  "Stretch  limousine" shall mean an altered motor vehicle having a
 seating capacity of nine  or  more  passengers,  including  the  driver,
 commonly  referred  to as a "stretch limousine" and which is used in the
 business of transporting passengers for compensation; [and]
   (II)  "CHARTER  BUS"  SHALL  MEAN  A  BUS  TRANSPORTING PASSENGERS FOR
 COMPENSATION IN A CHARTERED PARTY;
   (III) "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;
 AND
   [(ii)]  (IV)  "Commercial  global positioning system (GPS) technology"
 shall mean global positioning system (GPS)  technology  which  has  been
 specifically  designed  to  assist in the navigation of commercial motor
 vehicles.
   § 2. 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, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds  such judgment or written determination shall not affect,
 impair or invalidate 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
 or written determination shall have been rendered.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that this act shall be
 deemed repealed if any federal agency determines in  writing  that  this
 act  would  render  New York state ineligible for the receipt of federal
 funds or any court of competent  jurisdiction  finally  determines  that
 this  act would render New York state out of compliance with federal law
 or regulation; provided, further, that the commissioner  of  transporta-
 tion  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.

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