S T A T E O F N E W Y O R K
________________________________________________________________________
309
2019-2020 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2019
___________
Introduced by Sen. FELDER -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, in relation to enacting the
stretch limousine safety act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "stretch limousine safety act".
§ 2. Section 2 of the transportation law is amended by adding a new
subdivision 30-a to read as follows:
30-A. "STRETCH LIMOUSINE" MEANS A MOTOR VEHICLE THAT HAS BEEN MODI-
FIED, ALTERED OR STRETCHED, WITH A LENGTHENED AUTOMOBILE CHASSIS AND IS
DESIGNED FOR CARRYING MORE THAN TEN PERSONS, INCLUDING THE DRIVER.
§ 3. The transportation law is amended by adding a new section 160 to
read as follows:
§ 160. PROVISIONS RELATED TO STRETCH LIMOUSINES. 1. ANY CARRIER OF
PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE SHALL RETIRE SUCH STRETCH
LIMOUSINE FROM TRANSPORTING PASSENGERS TEN YEARS FROM THE DATE SUCH
STRETCH LIMOUSINE WAS FIRST REGISTERED IN ANY STATE.
2. A. ANY CARRIER OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE
SHALL MAINTAIN INSURANCE COVERAGE IN THE AMOUNT OF NOT LESS THAN TWO
MILLION DOLLARS PER ACCIDENT.
B. NO PERSON SHALL OPERATE A STRETCH LIMOUSINE FOR A CARRIER OF
PASSENGERS WITHOUT PROOF OF THE INSURANCE COVERAGE REQUIRED BY PARAGRAPH
A OF THIS SUBDIVISION.
C. A VIOLATION OF PARAGRAPH A OR PARAGRAPH B OF THIS SUBDIVISION SHALL
BE A MISDEMEANOR.
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.
LBD02813-01-9
S. 309 2
INSPECTION CONDUCTED PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS CHAP-
TER. A VIOLATION OF THIS SUBDIVISION SHALL BE A CLASS E FELONY.
B. A CARRIER OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE THAT
HAS FAILED AN INSPECTION PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS
CHAPTER, 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 REGU-
LATIONS 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 ON THE PASSENGER SIDE FRONT DOOR A CERTIFICATE EVIDENCING A
SUCCESSFUL SAFETY INSPECTION THAT DISPLAYS THE DATE ON WHICH SUCH LIMOU-
SINE WAS LAST SUCCESSFULLY INSPECTED. SUCH CERTIFICATE SHALL BE EQUIV-
ALENT IN SIZE TO A NEW YORK STATE LICENSE PLATE AND SHALL BE DESIGNED BY
THE COMMISSIONER.
B. ANY CARRIER OF PASSENGERS WHICH OPERATES A STRETCH LIMOUSINE WHICH
HAS FAILED A SAFETY INSPECTION SHALL AFFIX TO THE PASSENGER SIDE DOOR OF
SUCH LIMOUSINE A NOTICE THAT SUCH LIMOUSINE IS NOT FIT TO TRANSPORT
PASSENGERS. SUCH NOTICE SHALL BE EQUIVALENT IN SIZE TO A NEW YORK STATE
LICENSE PLATE AND SHALL BE DESIGNED BY THE COMMISSIONER.
C. FAILURE TO AFFIX SUCH CERTIFICATE AS REQUIRED BY PARAGRAPH A OF
THIS SUBDIVISION OR SUCH NOTICE AS REQUIRED BY PARAGRAPH B OF THIS
SUBDIVISION SHALL BE A MISDEMEANOR.
5. EVERY INSPECTION OF A STRETCH LIMOUSINE CONDUCTED PURSUANT TO
SECTION ONE HUNDRED FORTY OF THIS CHAPTER SHALL BE MADE PUBLICLY AVAIL-
ABLE AND POSTED TO THE DEPARTMENT WEBSITE.
6. ANY OPERATOR OF A STRETCH LIMOUSINE SHALL BE REQUIRED TO ATTEND A
SAFETY TRAINING COURSE FOR THE OPERATION OF A STRETCH LIMOUSINE AND MUST
DEMONSTRATE SUCCESSFUL COMPLETION OF SAID COURSE TO BE ELIGIBLE FOR
LICENSURE UNDER STATE LAW. THE COMMISSIONER SHALL PROMULGATE RULES AND
REGULATIONS FOR SAID SAFETY TRAINING COURSE FOR THE OPERATION OF A
STRETCH LIMOUSINE AS DEFINED BY THIS SECTION.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that 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 date.