Senate Bill S5031

2019-2020 Legislative Session

Requires transportation network company drivers to display the vehicle's license plate number

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jun 11, 2019	print number 5031a
Jun 11, 2019	amend (t) and recommit to transportation
Apr 03, 2019	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S5031 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1696, V & T L

2019-S5031 - Summary

Requires transportation network company drivers to display the vehicle's license plate number.

2019-S5031 - Sponsor Memo

                                
 
BILL NUMBER: S5031

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to enacting the "Samantha L. Josephson ridesharing safety act"
to require transportation network company drivers to display the TNC
company's trade dress

 
PURPOSE::

To honor the memory of Samantha L. Josephson by requiring TNC drivers to
display easily identifiable and illuminated signage identifying the
vehicle as a TNC.

 
SUMMARY OF PROVISIONS:

Section 1 honors Samantha L. Josephson by naming this act the Samantha
L. Josephson ridesharing safety act.

Section 2 amends subdivision 5 of section 1696 of the vehicle and traf-
fic law, as added by section 2 of part AAA of chapter 59 of the laws of

2017 to require a TNC vehicle to display a consistent and distinctive
sign or emblem known as a trade dress at all times when the TNC driver
is active on the TNC digital platform or providing TNC service.

This section further requires trade dress to be approved by the depart-
ment and be readable during daylight hours at a distance of fifty feet,
be sufficiently illuminated during hours of darkness so that the trade-
mark or logo of the TNC is visible.

This section also allows the sign to be removable in nature.

Further states that no TNC service shall be required to provide its
trade dress free of charge, but shall make it available for purchase or
made available through a third party.

Section 3 is the effective date.

 
JUSTIFICATION:

Samantha Josephson was a native of New Jersey who was attending school
in South Carolina when late one she mistakenly got into a vehicle she
thought was the TNC she had ordered. Tragically, it was not and Samantha
lost her life at the hands of a murderer who drove away with her locked
in the car. Unfortunately, nothing can bring Samantha back but we can
seek to honor her memory by taking steps to help protect TNC users. This
common sense legislation which is named in Samantha's memory expands
upon requirements already set forth by ensuring that signs displayed by
a TNC are visible from 50 feet, as well as visible at night. In the
memory of Samantha Josephson may these safeguards help protect future
TNC riders.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2019-S5031 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5031
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to enacting the
   "Samantha L. Josephson ridesharing safety act" to require  transporta-
   tion network company drivers to display the TNC company's trade dress

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "Samantha
 L.  Josephson ridesharing safety act".
   §  2. Subdivision 5 of section 1696 of the vehicle and traffic law, as
 added by section 2 of part AAA of chapter 59 of the  laws  of  2017,  is
 amended to read as follows:
   5.  (A)  The  department  shall promulgate regulations CONSISTENT WITH
 THIS SUBDIVISION to ensure that each TNC vehicle is easily identified as
 such and that the TNC for which the TNC  driver  is  providing  the  TNC
 service  or  TNC prearranged trip is distinguishable. Such marking shall
 be in such form as  is  approved  by  the  commissioner,  and  shall  be
 attached,  affixed  or  displayed  in  such  manner CONSISTENT WITH THIS
 SUBDIVISION as he or she may prescribe by regulation.
   (B) A TNC VEHICLE SHALL DISPLAY A CONSISTENT AND DISTINCTIVE  SIGN  OR
 EMBLEM, WHICH SHALL BE KNOWN AS A TRADE DRESS, AT ALL TIMES WHEN THE TNC
 DRIVER  IS  ACTIVE ON THE TNC DIGITAL PLATFORM OR PROVIDING TNC SERVICE.
 THE TRADE DRESS USED BY THE TNC SHALL  BE  APPROVED  BY  THE  DEPARTMENT
 BEFORE ITS USE AND:
   (I)  SHALL  BE  READABLE  DURING DAYLIGHT HOURS AT A DISTANCE OF FIFTY
 FEET;
   (II) SHALL BE SUFFICIENTLY ILLUMINATED DURING  HOURS  OF  DARKNESS  SO
 THAT  THE  PROPRIETARY TRADEMARK OR LOGO OF THE TNC IS PATENTLY VISIBLE;
 AND
   (III) MAY BE MAGNETIC OR REMOVABLE IN NATURE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11057-02-9

 S. 5031                             2
 
   (C) NO TNC SERVICE SHALL BE REQUIRED TO PROVIDE ITS TRADE  DRESS  FREE
 OF  CHARGE TO TNC DRIVERS, BUT SHALL MAKE SUCH TRADE DRESS AVAILABLE FOR
 PURCHASE BY THE TNC OR FROM A THIRD PARTY.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

2019-S5031A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1696, V & T L

2019-S5031A (ACTIVE) - Summary

Requires transportation network company drivers to display the vehicle's license plate number.

2019-S5031A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5031A

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring transportation network company drivers to display
the TNC vehicle's license plate number

 
PURPOSE:

This legislation would require TNC drivers to display on their rear
doors or windows in at least two inch lettering the license plate number
of the vehicle.

 
SUMMARY OF PROVISIONS:

Section 1 requires that any TNC driver at the time of pickup of a
passenger display on the rear door or windows in at least two inch
lettering the license plate number of the vehicle.  This display shall
be in a manner easily readable by such passenger prior to entering the
rear driver or passenger side door.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation seeks to make it easier for an individual entering a
TNC vehicle to match the license plate number of that vehicle to the
vehicle they ordered. This is a simple solution aimed at making it
simpler to verify this important safeguard when taking a TNC. When some-
one orders a TNC they are provided with the licenseplate of that vehi-
cle, however verifying the license plate would require walking to the
front or rear of the vehicle. As is human nature most individuals will
not take the additional steps to check and rather enter the vehicle,
this legislation would put the license plate number front and center and
allow the passenger to quickly and easily verify the vehicle as theirs.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

2019-S5031A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5031--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by  Sens. KAPLAN, GAUGHRAN, MYRIE, PERSAUD -- read twice and
   ordered printed, and when printed to be committed 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  requiring
   transportation  network  company  drivers to display the TNC vehicle's
   license plate number
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision 5 of section 1696 of the vehicle and traffic
 law, as added by section 2 of part AAA of chapter  59  of  the  laws  of
 2017, is amended to read as follows:
   5. The department shall promulgate regulations to ensure that each TNC
 vehicle  is easily identified as such and that the TNC for which the TNC
 driver is providing the TNC service or TNC prearranged trip  is  distin-
 guishable. [Such marking] ANY TNC DRIVER SHALL, AT THE TIME OF A PICK-UP
 OF  A  TRANSPORTATION  NETWORK COMPANY PASSENGER FOR A PREARRANGED RIDE,
 DISPLAY ON THE REAR DOORS OR WINDOWS OF THE TNC VEHICLE  USED  FOR  SUCH
 RIDE,  IN  AT  LEAST TWO INCH LETTERING, THE LICENSE PLATE NUMBER OF THE
 DRIVER'S PERSONAL TNC VEHICLE THAT IS USED FOR SUCH RIDE,  IN  A  MANNER
 THAT  IS READABLE BY SUCH PASSENGER PRIOR TO ENTERING THE REAR DRIVER OR
 PASSENGER SIDE OF SUCH VEHICLE. THE DISPLAY OF THE LICENSE PLATE  NUMBER
 SHALL NOT BE REQUIRED TO BE PERMANENT, AND MAY BE PROVIDED TO THE DRIVER
 BY  THE TRANSPORTATION NETWORK COMPANY. ANY OTHER SUCH MARKINGS shall be
 in such form as is approved by the commissioner, and shall be  attached,
 affixed  or displayed in such manner as he or she may prescribe by regu-
 lation.  THE TNC DRIVER PROVIDING THE TNC  SERVICE  OR  TNC  PREARRANGED
 TRIP  SHALL  BE  RESPONSIBLE  FOR  PROPERLY DISPLAYING ALL NECESSARY TNC
 MARKINGS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11057-06-9

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Senate Bill S5031

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

co-Sponsors

2019-S5031 - Details

2019-S5031 - Summary

2019-S5031 - Sponsor Memo

2019-S5031 - Bill Text download pdf

co-Sponsors

2019-S5031A (ACTIVE) - Details

2019-S5031A (ACTIVE) - Summary

2019-S5031A (ACTIVE) - Sponsor Memo

2019-S5031A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Anna M. Kaplan

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

Bill Amendments

co-Sponsors

James Gaughran

Zellnor Myrie

Roxanne J. Persaud

2019-S5031 - Details

2019-S5031 - Summary

2019-S5031 - Sponsor Memo

2019-S5031 - Bill Text download pdf

co-Sponsors

James Gaughran

Zellnor Myrie

Roxanne J. Persaud

2019-S5031A (ACTIVE) - Details

2019-S5031A (ACTIVE) - Summary

2019-S5031A (ACTIVE) - Sponsor Memo

2019-S5031A (ACTIVE) - Bill Text download pdf

Comments