Senate Bill S6191A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6191
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  safety  require-
   ments  for certain motor vehicles which transport nine or more passen-
   gers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of item (b) of subparagraph (iii) of
 paragraph c of subdivision 2 of section 140 of the  transportation  law,
 as  amended  by section 1 of part III of chapter 59 of the laws of 2019,
 is amended and a new subdivision 5-a is added to read as follows:
   Any person, corporation, company,  association,  joint  stock  associ-
 ation, partnership, person or any officer or agent thereof, found guilty
 of violating any of the department's safety rules or regulations involv-
 ing  an out-of-service defect relating to brake systems, steering compo-
 nents and/or coupling devices OR ANY REQUIREMENT PURSUANT TO SUBDIVISION
 FIVE-A OF THIS SECTION shall be subject to a fine of not less than  five
 hundred dollars nor more than one thousand two hundred fifty dollars for
 the first offense, and upon being found guilty of a second or subsequent
 offense  committed within eighteen months by a fine of not less than one
 thousand two hundred fifty dollars nor more than three thousand dollars,
 or by imprisonment for not more than sixty days or by both such fine and
 imprisonment; provided, however, that if any such  person,  corporation,
 company,  association,  joint  stock association, partnership, person or
 any officer or agent thereof is  operating  a  farm  vehicle  registered
 pursuant  to  subdivision  thirteen  of  section four hundred one of the
 vehicle and traffic law in conformance with the terms of such  registra-
 tion,  and if the violation as set forth in the summons is corrected not
 later than one-half hour after sunset on the  third  full  business  day
 after  the  issuance  of the summons and proof of such correction as set
 forth in item (b) of subparagraph (iv) of this paragraph is submitted to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11415-02-9

 S. 6191                             2
 
 the court, the penalty for a first  violation  involving  brake  systems
 shall  be  a  fine of two hundred fifty dollars, the penalty for a first
 violation involving steering components and/or coupling devices shall be
 a  fine  of  two  hundred  dollars and the penalty for a first violation
 involving any other out-of-service defect shall be a fine of one hundred
 fifty dollars. A motor vehicle shall be deemed to be out-of-service only
 until such time as the applicable out-of-service defect is  repaired  or
 adjusted.
   5-A. A. ALL ALTERED MOTOR VEHICLES WHICH ARE REQUIRED TO HAVE A FEDER-
 AL  MOTOR VEHICLE SAFETY STANDARD CERTIFICATION LABEL IN ACCORDANCE WITH
 49 USC 30115 AND 49 CFR 567 AND REGULATED  BY  THE  COMMISSIONER,  WHICH
 HAVE THE CAPACITY TO TRANSPORT NINE OR MORE PASSENGERS FOR COMPENSATION,
 INCLUDING  THE OPERATOR, SHALL BE EQUIPPED WITH AT LEAST ONE COMBINATION
 LAP SAFETY AND SHOULDER HARNESS BELT FOR THE REAR SEAT FOR EACH  PASSEN-
 GER  FOR WHICH THE REAR SEAT OF SUCH VEHICLE WAS DESIGNED OR MODIFIED NO
 LATER THAN THE FIRST OF MAY, TWO THOUSAND TWENTY-ONE.
   B. NO SUCH MOTOR VEHICLE SHALL BE AUTHORIZED TO OPERATE IN THIS  STATE
 UNLESS  SUCH  MOTOR VEHICLE IS EQUIPPED WITH SAFETY BELT ASSEMBLY ANCHO-
 RAGES CONFORMING TO STANDARDS ESTABLISHED BY THE COMMISSIONER  FOR  EACH
 SAFETY BELT REQUIRED IN SUCH MOTOR VEHICLE.
   C.  ALL  SUCH MOTOR VEHICLES SHALL ADDITIONALLY BE EQUIPPED WITH ROLL-
 OVER PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS
 FOR THE PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS,  WHICH  SHALL
 CONFORM  TO STANDARDS ESTABLISHED BY THE COMMISSIONER AND BE INCLUDED IN
 THE DEPARTMENT'S SAFETY INSPECTION PROGRAM NO LATER THAN  THE  FIRST  OF
 MAY, TWO THOUSAND TWENTY-THREE.
   D. THIS SUBDIVISION SHALL NOT APPLY TO MOTOR VEHICLES REGULATED BY THE
 COMMISSIONER  THAT ARE USED IN THE BUSINESS OF TRANSPORTING SCHOOL CHIL-
 DREN FOR HIRE OR USED FOR THE TRANSPORTATION OF SCHOOL  CHILDREN,  OWNED
 AND/OR OPERATED BY SCHOOL DISTRICTS OR BY ANY PUBLIC OR PRIVATE SCHOOL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law. Effective immediately, the departments of
 motor vehicles and transportation, in consultation with other  agencies,
 are authorized to promulgate such rules and regulations as are necessary
 for the implementation of this act on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6191--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, CARLUCCI, GAUGHRAN, KAPLAN, LIU,
   PARKER, TEDISCO -- read twice and ordered printed, and when printed to
   be committed to the Committee on Transportation -- reported  favorably
   from said committee, ordered to first report, amended on first report,
   ordered  to a second report and ordered reprinted, retaining its place
   in the order of second report  --  recommitted  to  the  Committee  on
   Transportation  in  accordance with Senate Rule 6, sec. 8 -- 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 the  instal-
   lation  of  safety  belts  in  stretch  limousines, and the posting of
   notice therein
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (c) of subdivision 1 of section 383 of the vehi-
 cle and traffic law, as added by chapter 86 of  the  laws  of  1968,  is
 amended and a new paragraph (d) is added to read as follows:
   (c)  A  motor  vehicle  manufactured  or assembled on or after January
 first, nineteen hundred sixty-eight, at least one safety belt  for  each
 passenger seat position[.];
   (D) AN ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOU-
 SINE"  WHICH WAS ALTERED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 ONE, AT LEAST TWO SAFETY BELTS FOR THE FRONT  SEAT,  AND  AT  LEAST  ONE
 SAFETY BELT FOR THE REAR SEAT FOR EACH PASSENGER FOR WHICH THE REAR SEAT
 OF  SUCH  VEHICLE  WAS  DESIGNED,  AND AT LEAST ONE SAFETY BELT FOR EACH
 PASSENGER SEAT POSITION.
   § 2. Section 383 of the vehicle and traffic law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. NO ALTERED MOTOR VEHICLE  COMMONLY  REFERRED  TO  AS  A  "STRETCH
 LIMOUSINE"  WHICH WAS ALTERED PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE SHALL BE SOLD OR REGISTERED IN THIS STATE  AND  NO  SUCH  ALTERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11415-05-9

 S. 6191--B                          2
 
 MOTOR  VEHICLE  ALTERED  PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-ONE
 REGISTERED IN THIS STATE SHALL BE OPERATED IN  THIS  STATE  UNLESS  SUCH
 VEHICLE  IS  RETROFITTED  AND EQUIPPED WITH SAFETY BELTS APPROVED BY AND
 CONFORMING  TO  STANDARDS ESTABLISHED BY THE COMMISSIONER AS FOLLOWS: AT
 LEAST TWO SAFETY BELTS FOR THE FRONT SEAT, AND AT LEAST ONE SAFETY  BELT
 FOR  THE  REAR  SEAT  FOR EACH PASSENGER FOR WHICH THE REAR SEAT OF SUCH
 VEHICLE WAS DESIGNED, AND AT LEAST ONE SAFETY BELT  FOR  EACH  PASSENGER
 SEAT POSITION.
   § 3. Subdivision 4-b of section 383 of the vehicle and traffic law, as
 added by chapter 495 of the laws of 2003, is amended to read as follows:
   4-b. Taxicabs [and], liveries, AND STRETCH LIMOUSINES.  All seat safe-
 ty belts installed in a taxicab or livery vehicle OR IN AN ALTERED MOTOR
 VEHICLE  COMMONLY  REFERRED TO AS A "STRETCH LIMOUSINE" pursuant to this
 section shall be clearly visible,  accessible  and  maintained  in  good
 working  order,  and  no  seat  safety belt installed in such taxicab or
 livery vehicle OR ALTERED MOTOR VEHICLE shall be removed therefrom.
   § 4. Subdivision 51 of section 375 of the vehicle and traffic law,  as
 added by chapter 495 of the laws of 2003, is amended to read as follows:
   51.  Taxicab  [and],  livery  AND STRETCH LIMOUSINE notices. (a) Every
 taxicab [and], livery, AND ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS
 A "STRETCH LIMOUSINE" WHICH WAS ALTERED ON OR AFTER JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE  OR  RETROFITTED  PURSUANT  TO SUBDIVISION ONE-A OF
 SECTION THREE HUNDRED EIGHTY-THREE OF THIS ARTICLE  registered  in  this
 state shall have posted therein the following notice: "Seatbelts must be
 available for your use. Please buckle up."
   (b)  The  notices  required  to be posted pursuant to paragraph (a) of
 this subdivision shall be posted in a manner legible and conspicuous  to
 passengers in all seating positions of such vehicles.
   §  5.  This  act shall take effect January 1, 2021; provided, however,
 that section two of this act shall take effect two years after this  act
 shall  have become a law. 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 effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6191--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens. KENNEDY, BRESLIN, CARLUCCI, GAUGHRAN, KAPLAN, LIU,
   PARKER, SEWARD, TEDISCO -- read twice and ordered  printed,  and  when
   printed to be committed to the Committee on Transportation -- reported
   favorably  from  said  committee,  ordered to first report, amended on
   first report, ordered  to  a  second  report  and  ordered  reprinted,
   retaining  its  place  in the order of second report -- recommitted to
   the Committee on Transportation in accordance with Senate Rule 6, sec.
   8 -- committee discharged, bill amended, ordered reprinted as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the vehicle and traffic law, in relation to the instal-
   lation of safety belts in  stretch  limousines,  and  the  posting  of
   notice therein
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of section 383 of the  vehi-
 cle  and  traffic  law,  as  added by chapter 86 of the laws of 1968, is
 amended and a new paragraph (d) is added to read as follows:
   (c) A motor vehicle manufactured or  assembled  on  or  after  January
 first,  nineteen  hundred sixty-eight, at least one safety belt for each
 passenger seat position[.];
   (D) AN ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOU-
 SINE" WHICH WAS ALTERED ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-
 ONE,  AT  LEAST  TWO  SAFETY  BELTS FOR THE FRONT SEAT, AND AT LEAST ONE
 SAFETY BELT FOR THE REAR SEAT FOR EACH PASSENGER FOR WHICH THE REAR SEAT
 OF SUCH VEHICLE WAS DESIGNED, AND AT LEAST  ONE  SAFETY  BELT  FOR  EACH
 PASSENGER SEAT POSITION.
   § 2. Section 383 of the vehicle and traffic law is amended by adding a
 new subdivision 1-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11415-06-0
              

 S. 6191--C                          2
 
   1-A.  NO  ALTERED  MOTOR  VEHICLE  COMMONLY  REFERRED TO AS A "STRETCH
 LIMOUSINE" WHICH WAS ALTERED PRIOR TO JANUARY FIRST, TWO THOUSAND  TWEN-
 TY-ONE  SHALL  BE  SOLD  OR REGISTERED IN THIS STATE AND NO SUCH ALTERED
 MOTOR VEHICLE ALTERED PRIOR TO JANUARY FIRST,  TWO  THOUSAND  TWENTY-ONE
 REGISTERED  IN  THIS  STATE  SHALL BE OPERATED IN THIS STATE UNLESS SUCH
 VEHICLE IS RETROFITTED AND EQUIPPED WITH SAFETY BELTS  APPROVED  BY  AND
 CONFORMING  TO  STANDARDS ESTABLISHED BY THE COMMISSIONER AS FOLLOWS: AT
 LEAST TWO SAFETY BELTS FOR THE FRONT SEAT, AND AT LEAST ONE SAFETY  BELT
 FOR  THE  REAR  SEAT  FOR EACH PASSENGER FOR WHICH THE REAR SEAT OF SUCH
 VEHICLE WAS DESIGNED, AND AT LEAST ONE SAFETY BELT  FOR  EACH  PASSENGER
 SEAT POSITION.
   § 3. Subdivision 4-b of section 383 of the vehicle and traffic law, as
 added by chapter 495 of the laws of 2003, is amended to read as follows:
   4-b. Taxicabs [and], liveries, AND STRETCH LIMOUSINES.  All seat safe-
 ty belts installed in a taxicab or livery vehicle OR IN AN ALTERED MOTOR
 VEHICLE  COMMONLY  REFERRED TO AS A "STRETCH LIMOUSINE" pursuant to this
 section shall be clearly visible,  accessible  and  maintained  in  good
 working  order,  and  no  seat  safety belt installed in such taxicab or
 livery vehicle OR ALTERED MOTOR VEHICLE shall be removed therefrom.
   § 4. Subdivision 51 of section 375 of the vehicle and traffic law,  as
 added by chapter 495 of the laws of 2003, is amended to read as follows:
   51.  Taxicab  [and],  livery  AND STRETCH LIMOUSINE notices. (a) Every
 taxicab [and], livery, AND ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS
 A "STRETCH LIMOUSINE" WHICH WAS ALTERED ON OR AFTER JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-ONE  OR  RETROFITTED  PURSUANT  TO SUBDIVISION ONE-A OF
 SECTION THREE HUNDRED EIGHTY-THREE OF THIS ARTICLE  registered  in  this
 state shall have posted therein the following notice: "Seatbelts must be
 available for your use. Please buckle up."
   (b)  The  notices  required  to be posted pursuant to paragraph (a) of
 this subdivision shall be posted in a manner legible and conspicuous  to
 passengers in all seating positions of such vehicles.
   §  5.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 6. This act shall take effect January 1,  2021;  provided,  however,
 that  section two of this act shall take effect two years after this act
 shall have become a law; provided, further, this  act  shall  be  deemed
 repealed if any federal agency determines in writing that this act would
 render New York state ineligible for the receipt of federal funds or any
 court  of  competent jurisdiction finally determines that this act would
 render New York state out of compliance with federal law or  regulation.
 The commissioner of motor vehicles or the commissioner of transportation
 shall  notify  the  legislative bill drafting commission upon the occur-
 rence of any federal agency determining in writing that this  act  would
 render New York state ineligible for the receipt of federal funds or any
 court  of  competent jurisdiction finally determines that this act would
 render New York state out of compliance with federal law  or  regulation
 in  order that the commission may maintain an accurate and timely effec-
 tive data base of the official text of the laws of the state of New York
 in furtherance of effectuating the  provisions  of  section  44  of  the

 S. 6191--C                          3
 
 legislative  law and section 70-b of the public officers law.  Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.