S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1443--A
     Cal. No. 146
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  report,  amended  on
   first  report,  ordered  to  a  second  report  and ordered reprinted,
   retaining its place in the order of second report
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  stretch
   limousine age and mileage parameters
 
   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  AGE  AND  MILEAGE PARAMETERS. (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 IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
 CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S  ODOMETER  EXCEEDS  THREE
 HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
   (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.
   (C)  AFTER  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION, THE
 COMMISSIONER MAY PROVIDE FOR EXCEPTIONS TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION  FOR  STRETCH  LIMOUSINES  THAT  WERE MANUFACTURED OR MODIFIED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01843-03-3
 S. 1443--A                          2
 
 COACHBUILDERS AND WARRANTIED IN ACCORDANCE WITH THE CMC OR  QVM  PROCESS
 OR  OTHER COMPARABLE CERTIFICATION STANDARDS, OR BASED UPON DEMONSTRATED
 SAFETY RECORD HISTORY OF COMPLIANCE  WITH  ARTICLE  NINETEEN-A  OF  THIS
 TITLE  AND  ABSENCE  OF  OUT-OF-SERVICE "A" DEFECTS PURSUANT TO 17 NYCRR
 720.11.
   (D) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
 THE NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR  THAT
 HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
 AN  ODOMETER  OR WHICH APPEARS TO THE COMMISSIONER TO HAVE AN INACCURATE
 ODOMETER READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED  AN
 IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
 THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH.  A  MOTOR  CARRIER  MAY  SEEK  REVIEW OF THE DETERMINATION TO
 ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
 PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
   (II) THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE  OF
 THE  STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH LIMOUSINE
 INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
 ER OF TRANSPORTATION OR DIVISION OF  STATE  POLICE,  WHICHEVER  IS  MORE
 RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
 ED MONTHLY MILEAGE.
   (III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
 A  STRETCH  LIMOUSINE  MAY NOT BE INTRODUCED TO TRANSPORT PASSENGERS FOR
 COMPENSATION OR CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION  IF  A
 RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
   (IV)  A  MOTOR  CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
 THAT THE ODOMETER READING OF A LIMOUSINE  DIFFERS  FROM  THE  NUMBER  OF
 MILES  THE  STRETCH  LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
 STATUS TO THE COMMISSIONER OR THE  DEPARTMENT  OF  TRANSPORTATION  IMME-
 DIATELY.
   § 2. This act shall take effect two years after it shall have become a
 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.