Senate Bill S498

                                 BILL NUMBER:  S498

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to inspection
and registration of an altered livery vehicle and authorizes the
commissioner of motor vehicles to summarize the number of such
vehicles registered with certain center panels and to make available
on-line certain forms necessary for certification


 PURPOSE :
To ensure the safety of passengers of livery vehicles by putting in
place certain provisions that will help to ensure that vehicles are in
compliance with all federal and state motor vehicle safety standards.

 SUMMARY OF PROVISIONS :
Section one amends section 301 of the vehicle and traffic law by
adding a new subdivision (c-1) that provides that all owners of an
altered vehicle, as part of inspection, shall be required to show to
the inspector a copy of the certification stating the length of the
center panel. If the length of the center panel exceeds one hundred
inches, a copy of the most recent proof that such vehicle is in
compliance with all applicable federal and state motor vehicle safety
standards and that such proof was submitted at the time of
registration, re-registration or renewal must be shown at the time of
inspection. Failure to comply with this subdivision shall be grounds
              

for failure of the inspection.

Section two amends subparagraph (e) of paragraph b of subdivision 1 of
section 401 of the vehicle and traffic law by providing that upon
registration, re-registration and renewal an applicant must provide a
statement as to whether a motor vehicle is an altered livery and
whether the center panel exceeds one hundred inches. If the vehicle is
an altered livery, the applicant shall also certify the seating
capacity of such vehicle.

Section three amends section 401 of the vehicle and traffic law by
adding a new paragraph e which provides that the seating capacity of
an altered livery vehicle shall be included, along with any other
information required by this chapter, in the certificate of
registration and validating sticker issued for the registration,
re-registration or renewal of such vehicle.

Section four amends section 401 of the vehicle and traffic law by
adding a new subdivision 5-b which provides that within five days of
the alteration of any center panel of a livery vehicle, a
registration, re-registration or renewal issued prior to the
alteration shall be null and void and no person shall operate the
vehicle until it has been reregistered. Every owner of an altered
livery shall have a duty to notify the commissioner in writing of an
alteration within five days after such alteration occurs.

Section five provides that beginning in 2008, the commissioner of
motor vehicles shall include in the department's annual summary of
motor vehicle registrations in force information regarding.  the
number of altered liveries registered in the state with center panels
one hundred inches or less and those with center panels exceeding one
hundred inches. Such summary shall also include information regarding
the seating capacity of such vehicles.

Section six provides that beginning in 2009, the commissioner of motor
vehicles shall make available on-line and in a format that may be
downloaded, all forms necessary in order to comply with the provision
that requires applicants to submit, at the time of registration,
re-registration and renewal, a statement as to whether the vehicle is

an altered livery, whether the center panel exceeds one hundred inches
and what the seating capacity is.

Section seven defines the effective date as the one hundred eightieth
day after it shall have become law.

 JUSTIFICATION :
Currently, the law allows an owner of a vehicle to extend the center
panel of that vehicle up to one hundred inches without having to
re-register the vehicle. However, it is a common practice for
unscrupulous owners of livery vehicles to register a vehicle with the
DMV and then alter the vehicle, changing it to a "stretch" limousine.
This practice is dangerous and these vehicles do not comply with
federal and state motor vehicle safety standards. Standards regarding
such things as the weight of the vehicle, the brake assembly, tire and
wheel capacity and fuel lines must be met to ensure the safety of the
lengthened vehicle.

Limousines are used by people for weddings, proms, and other special
occasions. The vehicles in which people travel should be as safe as
possible. This legislation will help to ensure passenger safety by
changing the law to: make registrations, re-registrations and renewals
that occurred prior to any alterations null and void; create a duty on
the part of the owner to report such alterations; print the seating
capacity on the registration sticker that is placed on the windshield
to enable law enforcement officers to verify it; require an owner to
provide a statement at the time of registration, re-registration or
renewal as to the length and seating capacity of their vehicle; and
have certification of the length and seating capacity be a part of the
vehicle inspection process. Additionally, on-line forms shall be
provided by the department to promote greater compliance.

 LEGISLATIVE HISTORY :
2008: S.4045 - Referred to Transportation/A.613 - Referred to
Transportation
2007: S.4045 - Referred to Transportation/A.613 - Referred to
Transportation
2006: Veto
345

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided that any addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed before such effective date.