S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1368
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  stretch
   limousine roll-over and anti-intrusion protection
 
   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.  STRETCH  LIMOUSINE  ANTI-INTRUSION  PROTECTION.  (A)  IT SHALL BE
 UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH  LIMOUSINE  REGIS-
 TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
 MOTOR  VEHICLE  TRAFFIC  UNLESS  SUCH VEHICLE IS 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 PRESCRIBED BY THE COMMISSIONER OF TRANSPORTATION IN
 CONSULTATION WITH THE COMMISSIONER.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION:
   (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.
   (II)  "STRETCH  LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR VEHICLE OR
 ANY OTHER MOTOR VEHICLE WHICH IS OWNED AND  OPERATED  AS  AN  EXHIBITION
 PIECE  OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB ACTIV-
 ITIES, EXHIBITS, TOURS, PARADES, OCCASIONAL TRANSPORTATION  AND  SIMILAR
 USES,  BUT  NOT  USED  IN  THE  BUSINESS  OF TRANSPORTING PASSENGERS FOR
 COMPENSATION.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01847-01-3
              

 S. 1368                             2
 
 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 two years 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 compe-
 tent jurisdiction finally determines that this act would render New York
 state out of compliance with federal law or regulation. The commissioner
 of motor vehicles or the commissioner of transportation shall notify the
 legislative bill drafting commission upon the occurrence of any  federal
 agency  determining 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 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.