S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5774
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 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 requiring a safe-
   ty review of carriers of passengers operating stretch  limousines  and
   to establishing a stretch limousine searchable database

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the transportation law is amended by adding  a
 new subdivision 30-a to read as follows:
   30-A.  "STRETCH  LIMOUSINE"  MEANS ANY FOR HIRE VEHICLE WITH A CHASSIS
 WHICH WAS MANUFACTURED AND THEN ALTERED FOR THE PURPOSE OF  TRANSPORTING
 TEN OR MORE OCCUPANTS, INCLUDING THE DRIVER.
   §  2. The transportation law is amended by adding a new section 160 to
 read as follows:
   § 160. SAFETY REVIEW OF STRETCH  LIMOUSINES.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION OF LAW TO THE CONTRARY, NO LATER THAN NINETY DAYS AFTER
 THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT, IN CONSULTATION WITH
 THE DEPARTMENT OF MOTOR VEHICLES, SHALL CONDUCT A  COMPREHENSIVE  SAFETY
 REVIEW  OF  ALL CARRIERS OF PASSENGERS WHICH OPERATE STRETCH LIMOUSINES.
 SUCH REVIEW SHALL INCLUDE:
   A. VERIFICATION THAT ALL DRIVERS EMPLOYED BY SUCH  CARRIERS  HOLD  THE
 PROPER LICENSE;
   B.  A  REVIEW  OF  THE DRIVING RECORDS OF ALL DRIVERS EMPLOYED BY SUCH
 CARRIERS; AND
   C. INSPECTIONS OF ALL STRETCH LIMOUSINES OPERATED BY SUCH CARRIERS.
   2. A DRIVER EMPLOYED BY A  CARRIER  OF  PASSENGERS  WHICH  OPERATES  A
 STRETCH  LIMOUSINE FOUND NOT TO BE PROPERLY LICENSED SHALL NOT TRANSPORT
 PASSENGERS IN A STRETCH LIMOUSINE UNTIL SUCH DRIVER OBTAINS  THE  PROPER
 LICENSE AND PROVIDES PROOF OF SUCH LICENSE TO THE DEPARTMENT.
   3.  A.  NO  CARRIER  OF  PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE
 SHALL TRANSPORT PASSENGERS IN A STRETCH LIMOUSINE WHICH  HAS  FAILED  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05406-01-9

 A. 5774                             2
 
 INSPECTION  CONDUCTED PURSUANT TO THIS SECTION OR ANY OTHER PROVISION OF
 LAW.
   B. A CARRIER OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE THAT HAS
 FAILED  AN INSPECTION PURSUANT TO THIS SECTION OR ANY OTHER PROVISION OF
 LAW, SHALL WITHIN TEN DAYS TAKE CORRECTIVE MEASURES AND HAVE THE VEHICLE
 REINSPECTED BY THE DEPARTMENT. IF SUCH CARRIER OF  PASSENGERS  FAILS  TO
 REINSPECT  THE VEHICLE WITHIN TEN DAYS, THE COMMISSIONER MAY IMPOUND THE
 VEHICLE. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE
 RETURN OF ANY SUCH IMPOUNDED VEHICLE TO THE CARRIER OF PASSENGERS.
   4. A. ANY CARRIER OF PASSENGERS WHICH  OPERATES  A  STRETCH  LIMOUSINE
 SHALL  AFFIX  IN  THE  PASSENGER  CABIN  OF SUCH LIMOUSINE A CERTIFICATE
 EVIDENCING A SUCCESSFUL SAFETY INSPECTION PURSUANT TO  THIS  SECTION  OR
 ANY  OTHER  PROVISION OF LAW, THE DATE OF SUCH INSPECTION AND THE PROPER
 LICENSURE OF THE DRIVER. SUCH  CERTIFICATE  SHALL  BE  DESIGNED  BY  THE
 COMMISSIONER.
   B.  ANY CARRIER OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE WHICH
 HAS FAILED A SAFETY INSPECTION CONDUCTED PURSUANT TO THIS SECTION OR ANY
 OTHER PROVISION OF LAW, SHALL AFFIX  IN  THE  PASSENGER  CABIN  OF  SUCH
 LIMOUSINE  A  NOTICE THAT SUCH LIMOUSINE IS NOT FIT TO TRANSPORT PASSEN-
 GERS. SUCH NOTICE SHALL BE DESIGNED BY THE COMMISSIONER.
   5. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE  DATE  OF
 THIS SECTION, THE DEPARTMENT SHALL CREATE OR MODIFY AN EXISTING SEARCHA-
 BLE DATABASE FOR THE CONSOLIDATION OF INFORMATION RELATED TO THE RESULTS
 OF  THE  COMPREHENSIVE SAFETY REVIEW CONDUCTED PURSUANT TO THIS SECTION.
 THE DEPARTMENT SHALL MAKE  THE  SEARCHABLE  DATABASE  AVAILABLE  TO  THE
 PUBLIC ON ITS WEBSITE AND SHALL UPDATE INFORMATION RELATED TO THE REVIEW
 CONDUCTED  PURSUANT  TO  THIS  SECTION  AND  TO ANY OTHER INSPECTIONS OF
 STRETCH LIMOUSINES CONDUCTED PURSUANT TO ANY OTHER PROVISION OF LAW. THE
 DEPARTMENT SHALL MAKE ACCESSIBLE ON THE SEARCHABLE DATABASE THE  FOLLOW-
 ING  INFORMATION  FROM  ALL CARRIERS OF PASSENGERS WHICH OPERATE STRETCH
 LIMOUSINES:
   A. THE NAME, ADDRESS AND PHONE NUMBER OF EACH  CARRIER  OF  PASSENGERS
 WHICH OPERATES A STRETCH LIMOUSINE;
   B. THE DATE AND RESULT OF EACH SAFETY INSPECTION CONDUCTED PURSUANT TO
 THIS SECTION OR ANY OTHER PROVISION OF LAW;
   C. THE DATE OF ANY FAILED INSPECTION AND THE REASONS FOR SUCH FAILURE;
   D. WHEN ANY FAILED INSPECTION HAS BEEN REMEDIED; AND
   E.  THE  NAMES,  LICENSE  INFORMATION  AND  DRIVING RECORDS OF DRIVERS
 EMPLOYED BY EACH CARRIER OF PASSENGERS WHICH OPERATES A  STRETCH  LIMOU-
 SINE.
   § 3. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5774--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced by M. of A. SANTABARBARA, LUPARDO, SEAWRIGHT, ROMEO, BRONSON,
   CRESPO,  TAYLOR,  JOYNER,  DE LA ROSA, DAVILA, ARROYO, DICKENS, GALEF,
   O'DONNELL, GUNTHER, WRIGHT -- read once and referred to the  Committee
   on  Transportation  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the vehicle and traffic law, in relation to motor carri-
   ers of stretch limousines
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 509-d of the vehicle and traffic law is amended by
 adding a new subdivision 5-a to read as follows:
   (5-A) EVERY MOTOR CARRIER SHALL FURNISH THE DEPARTMENT,  BEGINNING  NO
 LATER  THAN  JULY  FIRST, TWO THOUSAND TWENTY AND ANNUALLY THEREAFTER, A
 LIST OF EACH ALTERED MOTOR VEHICLE COMMONLY REFERRED TO  AS  A  "STRETCH
 LIMOUSINE"  DESIGNED  TO CARRY FIFTEEN OR MORE PASSENGERS IN ADDITION TO
 THE DRIVER THAT SUCH MOTOR CARRIER OPERATES, IF ANY, INCLUDING THE VEHI-
 CLE IDENTIFICATION NUMBER AND REGISTRATION NUMBER OF EACH  SUCH  ALTERED
 MOTOR  VEHICLE, AND A LIST OF ALL DRIVERS SUCH MOTOR CARRIER EMPLOYS WHO
 DRIVE SUCH ALTERED MOTOR VEHICLES AND WHETHER SUCH DRIVER  IS  QUALIFIED
 OR  HAS BEEN DISQUALIFIED TO OPERATE SUCH ALTERED MOTOR VEHICLE PURSUANT
 TO THIS ARTICLE.
   § 2. Subdivision 1 of section 509-m of the vehicle and traffic law, as
 added by chapter 675 of the laws of 1985, is amended to read as follows:
   1. At least once every three years, review the  bus  driver  files  of
 each  motor carrier, provided, however, that the commissioner may review
 such bus driver files at his discretion at any other time during regular
 business hours.  PROVIDED, HOWEVER, THAT THE COMMISSIONER  SHALL  REVIEW
 AT  LEAST  ANNUALLY  THE  BUS  DRIVER FILES OF EACH DRIVER EMPLOYED BY A
 MOTOR CARRIER WHO OPERATES AN ALTERED MOTOR VEHICLE COMMONLY REFERRED TO
 AS A "STRETCH LIMOUSINE" DESIGNED TO CARRY FIFTEEN OR MORE PASSENGERS IN
 ADDITION TO THE DRIVER, AND ANNUALLY VERIFY  WHETHER  EACH  SUCH  DRIVER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05406-02-9

 A. 5774--A                          2
 
 HOLDS  A  VALID DRIVER'S LICENSE VALID FOR THE OPERATION OF SUCH ALTERED
 MOTOR VEHICLE.
   § 3. Section 509-m of the vehicle and traffic law is amended by adding
 a new subdivision 8 to read as follows:
   8.  MAINTAIN  AND  ANNUALLY  UPDATE ITS WEBSITE TO PROVIDE INFORMATION
 WITH REGARD TO EACH MOTOR CARRIER THAT OPERATES ALTERED  MOTOR  VEHICLES
 COMMONLY  REFERRED  TO AS "STRETCH LIMOUSINES" DESIGNED TO CARRY FIFTEEN
 OR MORE PASSENGERS IN ADDITION TO THE DRIVER  THAT  INCLUDES  THE  MOTOR
 CARRIER'S  NAME,  LOCATION  AND  REGION  OF OPERATION INCLUDING PLACE OF
 ADDRESS, WHETHER SUCH MOTOR CARRIER IS IN COMPLIANCE WITH  THIS  ARTICLE
 AS  REQUIRED  BY SECTION FIVE HUNDRED NINE-J OF THIS ARTICLE IN RELATION
 TO THE OPERATION OF SUCH ALTERED MOTOR VEHICLES, THE NUMBER  AND  NATURE
 OF  VIOLATIONS  OF  THIS  ARTICLE RESULTING IN CONVICTIONS OF SUCH MOTOR
 CARRIER IN RELATION TO THE OPERATION OF SUCH ALTERED MOTOR VEHICLES, THE
 NUMBER OF MILES TRAVELED BY SUCH ALTERED MOTOR VEHICLES OPERATED BY SUCH
 MOTOR CARRIER IN THE PRECEDING TWELVE MONTHS, AND, WITH RESPECT TO DRIV-
 ERS EMPLOYED BY SUCH MOTOR CARRIER OPERATING SUCH  ALTERED  MOTOR  VEHI-
 CLES,  THE  TOTAL  NUMBER SO EMPLOYED, THE NUMBER HOLDING VALID LICENSES
 WHICH ARE VALID FOR THE OPERATION OF SUCH ALTERED  MOTOR  VEHICLES,  THE
 NUMBER WHICH LACK LICENSES VALID FOR SUCH OPERATION, THE NUMBER DISQUAL-
 IFIED  FROM  OPERATING  SUCH  ALTERED  MOTOR  VEHICLES,  THE  NUMBER  OF
 CONVICTIONS AND ACCIDENTS INVOLVING ANY SUCH  DRIVER  EMPLOYED  BY  SUCH
 MOTOR  CARRIER  DURING  THE  PRECEDING  TWELVE MONTHS, AND THE NUMBER OF
 CONVICTIONS AND ACCIDENTS PER TEN THOUSAND MILES TRAVELED.
   § 4. 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.