NY State Senate Bill 2023-S9514

Senate Bill S9514

2023-2024 Legislative Session

Provides for the seizure and redemption of unlawfully operated and unsafe commercial motor vehicles

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to transportation

co-Sponsors

2023-S9514 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §140, Transp L; add §511-e, V & T L

2023-S9514 (ACTIVE) - Summary

Provides for a fine of not less than ten thousand dollars for each offense committed, or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment for a class A misdemeanor where a stretch limousine has failed an inspection but an operator still operates such vehicle; provides for the seizure and redemption of unlawfully operated and unsafe commercial motor vehicles by an officer; requires such vehicle information to be entered into the New York statewide police information network as an impounded vehicle; makes related provisions.

2023-S9514 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9514

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the transportation law and the vehicle and traffic law,
in relation to stretch limousines

 
PURPOSE:

Increases the civil penalties for the operation of a stretch limousine
while under suspension to deter operators from driving unsafe vehicles
that have failed inspections or been placed out-of-service, and clari-
fies authority to seize dangerous commercial vehicles.

 
SUMMARY OF PROVISIONS:

This legislation amends the Transportation Law by increasing punishment
for the operation of a "stretch limousine" while under suspension. Such
punishment will he either:(1) a minimum fine of $10,000 for each offense
committed;(2) imprisonment for no more than 364 days;(3) or both.

The bill also determines the circumstance and procedure of the seizure
and redemption of commercial motor vehicles where an out-of-service
defect is identified that would ordinarily prohibit a vehicle from
continuing to operate until the defect is repaired and reinspected.
Upon seizure of a vehicle for operating with an inspection defect that
is contrary to public safety, the owner will have access to obtain
personal items, proof of ownership or registration, and to cure the
defect.

The commercial vehicles subject to this authorization are those which
are subject to Department of Transportation inspections.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

The legislation implements this recommendation from the Stretch Limou-
sine Passenger Safety Task Force, which was established in Chapter 3 of
the Laws of 2020 to study a host of safety improvements for stretch
limousines. The task force was created in the wake of deadly crashes in
Schoharie and Cutchogue, NY.  Stretch limousines are the vehicle of
choice for celebratory occasions, from family events, to birthdays, to
weddings, to the annual ritual of prom. But they also present unique
challenges that implicate the safety of drivers and passengers alike. As
with any area where multiple state agencies must collaborate, periodic
review of inter-agency and external communication is critical to ensure
passenger safety.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None
 
EFFECTIVE DATE:
This  act  shall take effect one year after it has become law. Effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date.

2023-S9514 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9514
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sens. COONEY, HINCHEY, MARTINEZ, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Transportation
 
 AN ACT to amend the transportation law and the vehicle and traffic  law,
   in relation to stretch limousines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (i) of paragraph b of subdivision 9 of section
 140 of the transportation law, as amended by section  4  of  part  K  of
 chapter 58 of the laws of 2024, is amended to read as follows:
   (i)  Whenever  an  altered  motor  vehicle  commonly  referred to as a
 "stretch limousine" has failed an inspection and been placed out-of-ser-
 vice, the commissioner may direct a police  officer  or  agent  of  such
 commissioner  to  immediately  secure possession of the number plates of
 such vehicle and return the same to the commissioner of motor  vehicles.
 The commissioner shall notify the commissioner of motor vehicles to that
 effect,  and  the commissioner of motor vehicles shall thereupon suspend
 the registration of such vehicle until such  time  as  the  commissioner
 gives  notice  that  the  out-of-service  defect has been satisfactorily
 adjusted. Provided, however, that the commissioner shall give notice and
 an opportunity to be heard within not  more  than  thirty  days  of  the
 suspension.  Failure  of  the  holder  or  of any person possessing such
 plates to deliver to the commissioner or agent of such commissioner  who
 requests the same pursuant to this paragraph shall be a misdemeanor. The
 commissioner of motor vehicles shall have the authority to deny a regis-
 tration  or renewal application to any other person for the same vehicle
 where it has been determined that such registrant's intent has  been  to
 evade the purposes of this paragraph and where the commissioner of motor
 vehicles  has  reasonable  grounds  to believe that such registration or
 renewal will have the effect of defeating the  purposes  of  this  para-
 graph.  The procedure on any such suspension shall be the same as in the
 case of a suspension under the vehicle and traffic law.  OPERATING  SUCH
 MOTOR  VEHICLE  WHILE  UNDER  SUSPENSION AS PROVIDED IN THIS SUBDIVISION
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05583-06-4
 S. 9514                             2
 
 ASSESSED  TO THE HOLDER OR OF ANY PERSON POSSESSING SUCH PLATES FOR EACH
 OFFENSE COMMITTED, IN ADDITION TO ANY OTHER FINES, PENALTIES OR  ACTIONS
 TAKEN WITH RESPECT TO SUCH CONDUCT.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 511-e to read as follows:
   § 511-E. SEIZURE AND REDEMPTION  OF  UNLAWFULLY  OPERATED  AND  UNSAFE
 COMMERCIAL  MOTOR  VEHICLES. 1. UPON DETERMINING THAT A COMMERCIAL MOTOR
 VEHICLE IS OPERATING WITH AN OUT-OF-SERVICE DEFECT THAT  IS  OF  A  TYPE
 WHERE  PURSUANT  TO  THE  DEPARTMENT  OF TRANSPORTATION'S REGULATIONS NO
 INSPECTION WOULD BE ISSUED UNTIL THE DEFECT IS REPAIRED AND A RE-INSPEC-
 TION IS CONDUCTED, OR IS RELATED TO ITS HORN, AND AN OFFICER, IN CONSUL-
 TATION WITH THE DEPARTMENT OF TRANSPORTATION, DETERMINES  THAT  ALLOWING
 THE  COMMERCIAL MOTOR VEHICLE TO CONTINUE OPERATING WOULD BE CONTRARY TO
 PUBLIC SAFETY, SUCH OFFICER MAY REMOVE OR ARRANGE FOR THE REMOVAL OF THE
 VEHICLE TO A GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT
 SHALL REMAIN IMPOUNDED, SUBJECT TO THE PROVISIONS OF THIS  SECTION.  THE
 VEHICLE  SHALL BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION
 NETWORK AS AN IMPOUNDED VEHICLE AND  THE  IMPOUNDING  POLICE  DEPARTMENT
 SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE
 HAS BEEN IMPOUNDED.
   2.  A COMMERCIAL MOTOR VEHICLE SO IMPOUNDED SHALL BE IN THE CUSTODY OF
 THE LOCAL AUTHORITY AND SHALL NOT BE RELEASED UNLESS:
   (A) THE PERSON WHO REDEEMS IT HAS FURNISHED SATISFACTORY  EVIDENCE  OF
 REGISTRATION AND FINANCIAL SECURITY;
   (B)  PAYMENT  HAS  BEEN  MADE  FOR THE REASONABLE COSTS OF REMOVAL AND
 STORAGE OF THE COMMERCIAL MOTOR VEHICLE. THE  REGISTERED  OWNER  OF  THE
 VEHICLE SHALL BE RESPONSIBLE FOR SUCH PAYMENT PROVIDED. PAYMENT PRIOR TO
 RELEASE OF THE VEHICLE SHALL NOT BE REQUIRED IN CASES WHERE THE IMPOUND-
 ED  VEHICLE  WAS  STOLEN  OR  WAS RENTED OR LEASED PURSUANT TO A WRITTEN
 AGREEMENT FOR A PERIOD OF THIRTY DAYS OR LESS, HOWEVER THE MOTOR CARRIER
 WHO WAS OPERATING SUCH VEHICLE SHALL BE LIABLE FOR THE COSTS OF  REMOVAL
 AND STORAGE OF THE VEHICLE TO ANY ENTITY RENDERING SUCH SERVICE.
   (C) WHERE THE COMMERCIAL MOTOR VEHICLE WAS OPERATED BY A PERSON WHO AT
 THE TIME OF THE OFFENSE WAS THE OWNER THEREOF, (I) SATISFACTORY EVIDENCE
 THAT  THE REGISTERED OWNER OR OTHER PERSON SEEKING TO REDEEM THE VEHICLE
 HAS A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE, AND
 (II)(A) SATISFACTORY EVIDENCE THAT THE OUT-OF-SERVICE DEFECT OR  DEFECTS
 FORMING  THE BASIS FOR SUCH SEIZURE OR IMPOUNDMENT HAVE BEEN REPAIRED OR
 THE REGISTERED OWNER HAS PROVIDED SATISFACTORY EVIDENCE THAT THE VEHICLE
 WILL BE PERMANENTLY TAKEN OUT OF SERVICE, OR (B) A CERTIFICATE ISSUED BY
 THE COURT OR ADMINISTRATIVE TRIBUNAL IN WHICH  THE  SEIZURE  ACTION  WAS
 COMMENCED  ORDERING  RELEASE  OF  THE  VEHICLE  PRIOR TO THE JUDGMENT OR
 COMPLIANCE THEREWITH IN THE INTEREST OF JUSTICE, OR  (C)  A  CERTIFICATE
 ISSUED BY THE COMMISSIONER OF TRANSPORTATION OR OTHER OFFICER AUTHORIZED
 TO  ENFORCE  COMPLIANCE WITH REMEDYING OUT-OF-SERVICE DEFECTS HAS WAIVED
 THE AUTHORIZATION TO HOLD THE VEHICLE AFTER FINDING  THAT  SUCH  RELEASE
 WOULD NOT BE CONTRARY TO PUBLIC SAFETY.
   3.  WHEN  A  COMMERCIAL MOTOR VEHICLE SEIZED AND IMPOUNDED PURSUANT TO
 THIS SECTION HAS BEEN IN THE CUSTODY OF THE LOCAL AUTHORITY  FOR  THIRTY
 DAYS,  SUCH AUTHORITY SHALL MAKE INQUIRY IN THE MANNER PRESCRIBED BY THE
 COMMISSIONER AS TO THE NAME AND ADDRESS OF THE OWNER AND ANY  LIENHOLDER
 AND  UPON  RECEIPT  OF  SUCH  INFORMATION SHALL NOTIFY THE OWNER AND THE
 LIENHOLDER, IF ANY, AT THE LAST KNOWN ADDRESS BY CERTIFIED MAIL,  RETURN
 RECEIPT  REQUESTED,  THAT  IF  THE  VEHICLE IS NOT RETRIEVED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION WITHIN THIRTY DAYS  FROM  THE  DATE  THE
 NOTICE  IS  GIVEN, IT MAY BE FORFEITED. IF THE VEHICLE WAS REGISTERED IN
 S. 9514                             3
 
 NEW YORK STATE, THE LAST KNOWN ADDRESS SHALL BE  THAT  ADDRESS  ON  FILE
 WITH  THE  COMMISSIONER.  IF  THE VEHICLE WAS REGISTERED OUT-OF-STATE OR
 NEVER REGISTERED, NOTIFICATION SHALL BE MADE IN THE MANNER PRESCRIBED BY
 THE COMMISSIONER.
   4.  A  COMMERCIAL MOTOR VEHICLE THAT HAS BEEN SEIZED AND NOT RETRIEVED
 PURSUANT TO THE FOREGOING PROVISIONS OF THIS SECTION MAY BE FORFEITED TO
 THE LOCAL AUTHORITY UPON EXPIRATION OF THE  PERIOD  OF  THE  NOTICE  SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION PROVIDED, HOWEVER, IN COMPUT-
 ING  SUCH PERIOD, THE PERIOD OF TIME DURING WHICH A CRIMINAL PROSECUTION
 OR ADMINISTRATIVE HEARING IS OR WAS PENDING AGAINST THE OWNER FOR POTEN-
 TIAL VIOLATIONS SHALL BE EXCLUDED. A PROCEEDING TO DECREE  SUCH  FORFEI-
 TURE AND TO RECOVER TOWING AND STORAGE COSTS, IF ANY, TO THE EXTENT SUCH
 COSTS  EXCEED THE FAIR MARKET VALUE OF THE VEHICLE MAY BE BROUGHT BY THE
 LOCAL AUTHORITY IN THE COURT OR ADMINISTRATIVE  TRIBUNAL  IN  WHICH  THE
 CIVIL  OR CRIMINAL ACTION WAS COMMENCED BY PETITION FOR AN ORDER DECREE-
 ING FORFEITURE OF THE MOTOR VEHICLE, ACCOMPANIED BY AN AFFIDAVIT ATTEST-
 ING TO FACTS SHOWING THAT FORFEITURE IS WARRANTED. IF THE  IDENTITY  AND
 ADDRESS  OF THE OWNER AND/OR LIENHOLDER IS KNOWN TO THE LOCAL AUTHORITY,
 TEN DAYS' NOTICE SHALL BE GIVEN TO SUCH PARTY, WHO SHALL HAVE AN  OPPOR-
 TUNITY  TO  APPEAR  AND  BE  HEARD  PRIOR TO ENTRY OF AN ORDER DECREEING
 FORFEITURE. WHERE THE COURT OR ADMINISTRATIVE TRIBUNAL IS SATISFIED THAT
 FORFEITURE OF A MOTOR VEHICLE  IS  WARRANTED  IN  ACCORDANCE  WITH  THIS
 SECTION,  IT  SHALL ENTER AN ORDER DECREEING FORFEITURE OF SUCH VEHICLE.
 PROVIDED, HOWEVER, THAT THE COURT OR ADMINISTRATIVE TRIBUNAL AT ANY TIME
 PRIOR TO ENTRY OF SUCH AN ORDER MAY AUTHORIZE RELEASE OF THE VEHICLE  IN
 ACCORDANCE  WITH  SUBDIVISION TWO OF THIS SECTION UPON A SHOWING OF GOOD
 CAUSE FOR FAILURE TO RETRIEVE SAME PRIOR TO COMMENCEMENT OF THE PROCEED-
 ING TO DECREE FORFEITURE, BUT IF THE COURT  OR  ADMINISTRATIVE  TRIBUNAL
 ORDERS  RELEASE  OF THE MOTOR VEHICLE AS HEREIN PROVIDED AND THE VEHICLE
 IS NOT REDEEMED WITHIN TEN DAYS FROM THE DATE OF SUCH ORDER, THE VEHICLE
 SHALL BE DEEMED TO HAVE BEEN ABANDONED AND THE COURT  OR  ADMINISTRATIVE
 TRIBUNAL  UPON  APPLICATION  OF  THE LOCAL AUTHORITY MUST ENTER AN ORDER
 DECREEING ITS FORFEITURE.
   5. A MOTOR VEHICLE FORFEITED IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION SHALL BE AND BECOME THE PROPERTY OF THE LOCAL AUTHORITY, SUBJECT
 HOWEVER TO ANY LIEN THAT WAS RECORDED PRIOR TO THE SEIZURE.
   6. (A) FOR THE PURPOSES OF THIS SECTION, THE  TERM  "LOCAL  AUTHORITY"
 MEANS THE MUNICIPALITY IN WHICH THE COMMERCIAL MOTOR VEHICLE WAS SEIZED;
 EXCEPT  THAT IF THE VEHICLE WAS SEIZED ON PROPERTY OF THE NEW YORK STATE
 THRUWAY AUTHORITY OR PROPERTY UNDER THE JURISDICTION OF  THE  OFFICE  OF
 PARKS, RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF TRANSPOR-
 TATION,  OR A PUBLIC AUTHORITY OR COMMISSION, THE TERM "LOCAL AUTHORITY"
 MEANS SUCH AUTHORITY, OFFICE, DEPARTMENT, OR COMMISSION.  A  COUNTY  MAY
 PROVIDE  BY  LOCAL  LAW THAT THE COUNTY MAY ACT AS THE AGENT FOR A LOCAL
 AUTHORITY UNDER THIS SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "COMMERCIAL MOTOR VEHI-
 CLE" SHALL MEAN A SELF-PROPELLED OR TOWED MOTOR VEHICLE USED ON A  HIGH-
 WAY  IN COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY AS DEFINED PURSUANT
 TO 17 NYCRR PART 820.
   7. WHEN A COMMERCIAL MOTOR  VEHICLE  HAS  BEEN  SEIZED  AND  IMPOUNDED
 PURSUANT  TO  THIS  SECTION,  THE  LOCAL  AUTHORITY OR ANY PERSON HAVING
 CUSTODY OF THE VEHICLE SHALL MAKE THE VEHICLE AVAILABLE OR GRANT  ACCESS
 TO  IT TO ANY OWNER OR ANY PERSON DESIGNATED OR AUTHORIZED BY SUCH OWNER
 FOR THE PURPOSE OF (A) TAKING POSSESSION OF ANY PERSONAL PROPERTY  FOUND
 WITHIN  THE  VEHICLE, AND (B) OBTAINING PROOF OF REGISTRATION, FINANCIAL
 S. 9514                             4
 
 SECURITY, TITLE OR DOCUMENTATION IN SUPPORT THEREOF, AND (C) CURING  THE
 OUT-OF-SERVICE DEFECT OR DEFECTS.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as section 4 of part K of chapter 58 of the laws of  2024,  takes
 effect.  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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Senate Bill S9514

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Sponsored By

Jeremy A. Cooney