S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1197
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the transportation law,  in  relation  to  allowing  the
   commissioner  of transportation to immobilize or impound limousines in
   certain situations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 145 of the transportation law, as
 added by chapter 635 of the laws of 1983, is amended to read as follows:
   2. (A) The commissioner may upon complaint or upon the  commissioner's
 initiative  without  complaint  institute proceedings to revoke, cancel,
 suspend or modify any certificate or  permit  issued  pursuant  to  this
 chapter  after  a  hearing  at  which  the holder of such certificate or
 permit and any person making such complaint shall be given  an  opportu-
 nity  to be heard. Provided, however, that any order of the commissioner
 revoking, cancelling, suspending or modifying any certificate or  permit
 shall not become effective until thirty days after the serving of notice
 thereof  upon  the  holder  of  such  certificate  or permit, unless the
 commissioner determines that the continued holding of  such  certificate
 or  permit  for  such  period  would be contrary to the public interest.
 Hearings shall be held in such manner and upon such  notice  as  may  be
 prescribed by rules of the commissioner, but such notice shall be of not
 less than ten days and shall state the nature of the complaint.
   (B)  THE  COMMISSIONER  MAY  TAKE  ACTIONS TO IMMOBILIZE OR IMPOUND AN
 ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A STRETCH LIMOUSINE HAVING
 A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING  THE  DRIVER  IF
 THE  STRETCH  LIMOUSINE  HAS  AN  OUT-OF-SERVICE  DEFECT OR HAS A DEFECT
 RELATED TO ITS HORN AND THE COMMISSIONER DETERMINES  THAT  ALLOWING  THE
 STRETCH  LIMOUSINE TO LEAVE THE INSPECTION AREA WOULD BE CONTRARY TO THE
 PUBLIC INTEREST. THE COMMISSIONER IS PERMITTED TO  CONTINUE  IMMOBILIZA-
 TION  OR  IMPOUNDMENT  OF  THE  STRETCH  LIMOUSINE  UNTIL SATISFIED THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02456-01-3
              

 A. 1197                             2
 
 REPAIRS HAVE BEEN SCHEDULED OR MADE TO REMEDY  THE  STRETCH  LIMOUSINE'S
 OUT-OF-SERVICE DEFECT OR DEFECTS.  PROVIDED, HOWEVER, A HEARING SHALL BE
 HELD  AFTER ANY IMMOBILIZATION OR IMPOUNDMENT PURSUANT TO THIS PARAGRAPH
 AT  WHICH  THE HOLDER OF SUCH CERTIFICATE OR PERMIT AND THE COMMISSIONER
 SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. HEARINGS  SHALL  BE  HELD  IN
 SUCH  MANNER  AND  UPON SUCH NOTICE AS MAY BE PRESCRIBED BY RULES OF THE
 COMMISSIONER, BUT SUCH NOTICE SHALL BE OF NOT LESS  THAN  TEN  DAYS  AND
 SHALL  STATE  THE  RATIONALE  FOR IMPOUNDING OR IMMOBILIZING THE STRETCH
 LIMOUSINE. THE BURDEN OF PROOF FOR THE COMMISSIONER'S CONTINUED IMPOUND-
 MENT OR IMMOBILIZATION SHALL BE BY  CLEAR  AND  CONVINCING  EVIDENCE  ON
 ISSUES  OF FACT.  THE COMMISSIONER IS EMPOWERED TO REMOVE OR ARRANGE FOR
 THE REMOVAL OF A STRETCH LIMOUSINE TO A  GARAGE,  AUTOMOBILE  POUND,  OR
 OTHER  PLACE  OF  SAFETY  WHERE IT SHALL REMAIN IMPOUNDED OR IMMOBILIZED
 SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO, THREE,  FOUR,  FIVE,  SIX
 AND  SEVEN  OF  SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC
 LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.