S T A T E O F N E W Y O R K
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8476
2019-2020 Regular Sessions
I N A S S E M B L Y
July 8, 2019
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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 allowing the
commissioner of transportation to immobilize or impound limousines in
certain situations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 145 of the transportation law, as
added by chapter 635 of the laws of 1983, is amended to read as follows:
2. (A) The commissioner may upon complaint or upon the commissioner's
initiative without complaint institute proceedings to revoke, cancel,
suspend or modify any certificate or permit issued pursuant to this
chapter after a hearing at which the holder of such certificate or
permit and any person making such complaint shall be given an opportu-
nity to be heard. Provided, however, that any order of the commissioner
revoking, cancelling, suspending or modifying any certificate or permit
shall not become effective until thirty days after the serving of notice
thereof upon the holder of such certificate or permit, unless the
commissioner determines that the continued holding of such certificate
or permit for such period would be contrary to the public interest.
Hearings shall be held in such manner and upon such notice as may be
prescribed by rules of the commissioner, but such notice shall be of not
less than ten days and shall state the nature of the complaint.
(B) THE COMMISSIONER MAY TAKE ACTIONS TO IMMOBILIZE OR IMPOUND AN
ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A STRETCH LIMOUSINE HAVING
A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING THE DRIVER IF
THE STRETCH LIMOUSINE HAS AN OUT-OF-SERVICE DEFECT OR HAS A DEFECT
RELATED TO ITS HORN AND THE COMMISSIONER DETERMINES THAT ALLOWING THE
STRETCH LIMOUSINE TO LEAVE THE INSPECTION AREA WOULD BE CONTRARY TO THE
PUBLIC INTEREST. THE COMMISSIONER IS PERMITTED TO CONTINUE IMMOBILIZA-
TION OR IMPOUNDMENT OF THE STRETCH LIMOUSINE UNTIL SATISFIED THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11845-04-9
A. 8476 2
REPAIRS HAVE BEEN SCHEDULED OR MADE TO REMEDY THE STRETCH LIMOUSINE'S
OUT-OF-SERVICE DEFECT OR DEFECTS. PROVIDED, HOWEVER, A HEARING SHALL BE
HELD AFTER ANY IMMOBILIZATION OR IMPOUNDMENT PURSUANT TO THIS PARAGRAPH
AT WHICH THE HOLDER OF SUCH CERTIFICATE OR PERMIT AND THE COMMISSIONER
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. HEARINGS SHALL BE HELD IN
SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY RULES OF THE
COMMISSIONER, BUT SUCH NOTICE SHALL BE OF NOT LESS THAN TEN DAYS AND
SHALL STATE THE RATIONALE FOR IMPOUNDING OR IMMOBILIZING THE STRETCH
LIMOUSINE. THE BURDEN OF PROOF FOR THE COMMISSIONER'S CONTINUED IMPOUND-
MENT OR IMMOBILIZATION SHALL BE BY CLEAR AND CONVINCING EVIDENCE ON
ISSUES OF FACT. THE COMMISSIONER IS EMPOWERED TO REMOVE OR ARRANGE FOR
THE REMOVAL OF A STRETCH LIMOUSINE TO A GARAGE, AUTOMOBILE POUND, OR
OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN IMPOUNDED OR IMMOBILIZED
SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO, THREE, FOUR, FIVE, SIX
AND SEVEN OF SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC
LAW.
§ 2. 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.