S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    700
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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  requiring
   limousines  operating  in  this state to adopt certain safety measures
   and be properly insured
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 4 of section 311 of the vehi-
 cle and traffic law, as amended by chapter 305 of the laws of  1995,  is
 amended to read as follows:
   (a) Affording coverage as defined in the minimum provisions prescribed
 in  a  regulation  which  shall  be promulgated by the superintendent at
 least ninety days prior to effective date of this act.  The  superinten-
 dent  before  promulgating  such  regulations  or any amendment thereof,
 shall consult with all insurers licensed to write  automobile  liability
 insurance in this state and shall not prescribe minimum provisions which
 fail  to  reflect the provisions of automobile liability insurance poli-
 cies, other than motor vehicle liability policies as defined in  section
 three  hundred  forty-five  of this chapter, issued within this state at
 the date of such regulation or amendment thereof.  Nothing contained  in
 such  regulation  or  in  this  article  shall prohibit any insurer from
 affording coverage under an owner's policy of liability  insurance  more
 liberal  than  that  required  by  said minimum provisions.   Every such
 owner's policy of liability insurance shall provide insurance subject to
 said regulation against loss from  the  liability  imposed  by  law  for
 damages,  including  damages  for  care and loss of services, because of
 bodily injury to or death of any person and injury to or destruction  of
 property arising out of the ownership, maintenance, use, or operation of
 a specific motor vehicle or motor vehicles within the state of New York,
 or  elsewhere  in  the United States in North America or the Dominion of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04571-02-9

 S. 700                              2
 
 Canada, subject to a  limit,  exclusive  of  interest  and  costs,  with
 respect  to  each such motor vehicle except a tow truck OR LIMOUSINE, of
 twenty-five thousand dollars because of bodily  injuries  to  and  fifty
 thousand dollars because of death of one person in any one accident and,
 subject  to  said  limit  for  one  person, to a limit of fifty thousand
 dollars because of bodily injury to and  one  hundred  thousand  dollars
 because  of  death  of two or more persons in any one accident, and to a
 limit of ten thousand dollars because of injury  to  or  destruction  of
 property  of  others  in  any  one accident provided, however, that such
 policy need not be for a period coterminous with the registration period
 of the vehicle insured. The limit, exclusive of interest and costs, with
 respect to a tow truck shall be a combined  single  limit  of  at  least
 three  hundred thousand dollars because of bodily injury or death to one
 or more persons or because of  injury  or  destruction  of  property  of
 others  in  any  one  accident,  and  to a limit of twenty-five thousand
 dollars because of damage to a vehicle in the care, custody and  control
 of the insured. THE LIMIT, EXCLUSIVE OF INTERESTS AND COSTS, WITH REGARD
 TO  A LIMOUSINE SHALL BE A COMBINED SINGLE LIMIT OF AT LEAST ONE MILLION
 FIVE HUNDRED THOUSAND DOLLARS BECAUSE OF BODILY INJURY OR DEATH  TO  ONE
 OR  MORE  PERSONS OR BECAUSE OF INJURY OR DESTRUCTION OF PROPERTY IN ANY
 ONE ACCIDENT, OR THE LIMIT REQUIRED BY LOCAL LAW OR REGULATION, WHICHEV-
 ER IS GREATER. Any insurer authorized to  issue  an  owner's  policy  of
 liability  insurance  as  provided  for in this article may, pending the
 issue of such a policy, make an agreement, to be known as a  binder,  or
 may,  in  lieu of such a policy, issue a renewal endorsement or evidence
 of renewal of an existing policy; each of which shall  be  construed  to
 provide indemnity or protection in like manner and to the same extent as
 such  a policy. The provisions of this article shall apply to such bind-
 ers, renewal endorsements or evidences of  renewal.  Every  such  policy
 issued  insuring  private  passenger  vehicles and every renewal policy,
 renewal endorsement, or other evidence  of  renewal  issued  shall  have
 attached  thereto  a rating information form which clearly specifies and
 defines the rating classification assigned thereto, including any appli-
 cable merit rating plan; and
   § 2. Section 311 of the vehicle and traffic law is amended by adding a
 new subdivision 11 to read as follows:
   11. "LIMOUSINE" MEANS A LIVERY VEHICLE THAT HAS A SEATING CAPACITY  OF
 EIGHT OR MORE PASSENGERS AND WHICH PROVIDES PREARRANGED PASSENGER TRANS-
 PORTATION  ON A DEDICATED, NONSCHEDULED, CHARTER BASIS, WHERE THE CHARGE
 IS BASED ON A FLAT RATE OR PER UNIT OF TIME OR  MILEAGE,  OR  A  VEHICLE
 CLASSIFIED  AS  A  LUXURY LIMOUSINE AS DEFINED BY THE TAXI AND LIMOUSINE
 COMMISSION OF NEW YORK CITY OR WESTCHESTER COUNTY OR LICENSED BY A MUNI-
 CIPALITY OF THE NASSAU COUNTY AND REGISTERED  WITH  THE  NASSAU  COUNTY.
 SERVICE  BY  A  LIMOUSINE  THAT  BEGINS AND ENDS IN THIS STATE IS DEEMED
 INTRA-STATE EVEN IF IT PASSES OUTSIDE THIS STATE DURING A PORTION OF THE
 TRIP. THIS DOES NOT INCLUDE A TAXICAB THAT IS NOT OPERATED ON A  REGULAR
 ROUTE  OR BETWEEN SPECIFIED POINTS, A VEHICLE CARRYING LESS THAN SIXTEEN
 INDIVIDUALS IN A SINGLE DAILY ROUND TRIP TO COMMUTE TO AND FROM WORK, OR
 A MOTOR VEHICLE TRANSPORTING ONLY SCHOOL CHILDREN  AND  TEACHERS  TO  OR
 FROM  A  SCHOOL OR AN EXTRACURRICULAR ACTIVITY ORGANIZED AND FUNDED BY A
 SCHOOL DISTRICT.
   § 3. Section 312 of the vehicle and traffic law is amended by adding a
 new subdivision 6 to read as follows:
   6. (A) NO LIMOUSINE SHALL OPERATE AS SUCH IN THIS STATE  UNLESS,  UPON
 THE  REGISTRATION  OF THE LIMOUSINE WITH THE DEPARTMENT, THE APPLICATION
 FOR SUCH REGISTRATION IS ACCOMPANIED  BY  PROOF  OF  FINANCIAL  SECURITY

 S. 700                              3
 
 REQUIRED  BY SECTION THREE HUNDRED ELEVEN OF THIS ARTICLE WHICH SHALL BE
 EVIDENCE BY PROOF OF INSURANCE OR EVIDENCE OF A FINANCIAL SECURITY BOND,
 A FINANCIAL SECURITY DEPOSIT OR QUALIFICATION AS  A  SELF-INSURER  UNDER
 SECTION  THREE  HUNDRED  SIXTEEN  OF  THIS  ARTICLE;  PROVIDED,  THAT IF
 DIRECTED BY REGULATION OF THE COMMISSIONER, UPON RENEWAL OF REGISTRATION
 AN APPLICATION ACCOMPANIED BY A CERTIFICATE OF REGISTRATION  OR  RENEWAL
 STUB IN FORCE IMMEDIATELY PRECEDING THE DATE OF APPLICATION FOR RENEWAL,
 TOGETHER  WITH  A  STATEMENT  IN  A  FORM PRESCRIBED BY THE COMMISSIONER
 CERTIFYING THAT THERE IS IN EFFECT PROOF OF  FINANCIAL  SECURITY,  SHALL
 MEET THE REQUIREMENTS OF THIS SECTION.
   (B)  THE OWNER, AND REGISTRANT IF THE REGISTRANT IS DIFFERENT FROM THE
 OWNER, OF SUCH LIMOUSINE SHALL  MAINTAIN  PROOF  OF  FINANCIAL  SECURITY
 CONTINUOUSLY  THROUGHOUT THE REGISTRATION PERIOD, AND FAILURE TO PRODUCE
 PROOF OF FINANCIAL SECURITY WHEN REQUESTED TO DO SO  UPON  DEMAND  OF  A
 MAGISTRATE,  MOTOR  VEHICLE  INSPECTOR, PEACE OFFICER ACTING PURSUANT TO
 HIS OR HER SPECIAL DUTIES, OR POLICE  OFFICER,  WHILE  SUCH  VEHICLE  IS
 BEING OPERATED UPON THE PUBLIC HIGHWAYS OF THIS STATE, SHALL BE PRESUMP-
 TIVE  EVIDENCE  OF  OPERATING A MOTOR VEHICLE WITHOUT PROOF OF FINANCIAL
 SECURITY.   UPON THE PRODUCTION OF  PROOF  OF  FINANCIAL  SECURITY  SUCH
 PRESUMPTION IS REMOVED. PRODUCTION OF PROOF OF FINANCIAL SECURITY MAY BE
 MADE  BY  MAILING  SUCH  PROOF  TO  THE COURT HAVING JURISDICTION IN THE
 MATTER, AND ANY NECESSARY RESPONSE BY SUCH COURT  OR  ACKNOWLEDGMENT  OF
 THE PRODUCTION OF SUCH PROOF MAY ALSO BE MADE BY MAIL.
   (C)  WHEN  INSURANCE  WITH  RESPECT  TO ANY LIMOUSINE IS TERMINATED OR
 CANCELED, THE OWNER SHALL SURRENDER FORTHWITH THE  REGISTRATION  CERTIF-
 ICATE  AND NUMBER PLATES OF THE VEHICLE TO THE COMMISSIONER UNLESS PROOF
 OF FINANCIAL SECURITY OTHERWISE IS MAINTAINED IN  COMPLIANCE  WITH  THIS
 ARTICLE AND SECTION THREE HUNDRED SEVENTY OF THIS TITLE.
   (D)  WHERE  THE  OWNER  OF  A LIMOUSINE FAILS TO MAINTAIN THE PROOF OF
 FINANCIAL SECURITY REQUIRED BY THIS SECTION, IF THE OWNER OF ANY  LIMOU-
 SINE  IS A CORPORATION, LIMITED LIABILITY CORPORATION, OR OTHER BUSINESS
 ENTITY,  THE  OFFICERS  OF  SUCH  CORPORATION  OR  ENTITY  MAY  BE  HELD
 PERSONALLY  LIABLE  FOR  ANY  JUDGMENT ENTERED AGAINST ANY DRIVER AND/OR
 REGISTRANT OF THE  LIMOUSINE  FOR  DAMAGES  SUSTAINED  AS  A  RESULT  OF
 PERSONAL  INJURY,  WRONGFUL  DEATH  AND/OR PROPERTY DAMAGE SUFFERED AS A
 RESULT OF THE USE AND OPERATION OF THE LIMOUSINE.
   § 4. Paragraph 3 of subdivision (b) of section 345 of the vehicle  and
 traffic  law,  as amended by chapter 305 of the laws of 1995, is amended
 to read as follows:
   (3) Shall insure the insured, THE  VEHICLE  OPERATOR,  or  such  other
 person  against  loss  from  the  liability  imposed by law for damages,
 including damages for care and loss of services because of bodily injury
 to or death of any person and injury to or destruction of property aris-
 ing out of the ownership, maintenance, use, or operation of  such  motor
 vehicle  or motor vehicles within the state of New York, or elsewhere in
 the United States in North America or the Dominion of Canada, subject to
 a limit, exclusive of interest and cost, with respect to each such motor
 vehicle, except a tow truck OR A LIMOUSINE  AS  DEFINED  IN  SUBDIVISION
 ELEVEN  OF  SECTION  THREE  HUNDRED ELEVEN OF THIS TITLE, of twenty-five
 thousand dollars because of bodily injury to or fifty  thousand  dollars
 because  of death of one person in any one accident and, subject to said
 limit for one person, to a limit of fifty thousand  dollars  because  of
 bodily injury to or one hundred thousand dollars because of death of two
 or  more  persons  in  any  one accident, and to a limit of ten thousand
 dollars because of injury to or destruction of property of others in any
 one accident. The limit, exclusive of interest and costs,  with  respect

 S. 700                              4
 
 to  a  tow truck shall be a combined single limit of three hundred thou-
 sand dollars because of bodily injury [of]  OR  death  to  one  or  more
 persons or because of injury or destruction of property of others in any
 one  accident, and to a limit of twenty-five thousand dollars because of
 damage to a vehicle in the care, custody and control of the insured. THE
 LIMIT, EXCLUSIVE OF INTEREST AND COSTS, WITH RESPECT TO A  LIMOUSINE  AS
 DEFINED  IN  SUBDIVISION  ELEVEN OF SECTION THREE HUNDRED ELEVEN OF THIS
 TITLE SHALL BE A COMBINED SINGLE LIMIT OF  AT  LEAST  ONE  MILLION  FIVE
 HUNDRED  THOUSAND  DOLLARS  BECAUSE  OF BODILY INJURY OR DEATH TO ONE OR
 MORE PERSONS OR BECAUSE OF INJURY OR DESTRUCTION OF PROPERTY  OF  OTHERS
 IN  ANY  ONE ACCIDENT, OR THE LIMIT REQUIRED BY LOCAL LAW OR REGULATION,
 WHICHEVER IS GREATER.
   § 5. Paragraphs (a) and (b) of subdivision 1 of  section  370  of  the
 vehicle  and traffic law, paragraph (a) as amended by chapter 305 of the
 laws of 1995 and paragraph (b) as amended by chapter 613 of the laws  of
 2002, are amended to read as follows:
   (a)  For damages for and incident to death or injuries to persons: For
 each motorcycle and for each motor vehicle WHICH IS INTENDED PURSUANT TO
 THIS SUBDIVISION TO BE OPERATED IN A BUSINESS OF CARRYING OR  TRANSPORT-
 ING PASSENGERS FOR HIRE having a seating capacity of not more than seven
 passengers, a bond or insurance policy with a minimum liability of twen-
 ty-five  thousand  dollars  and  a  maximum  liability of fifty thousand
 dollars for bodily injury, and a minimum  liability  of  fifty  thousand
 dollars  and  a  maximum  liability  of one hundred thousand dollars for
 death; for each motor vehicle WHICH IS INTENDED PURSUANT TO THIS  SUBDI-
 VISION  TO BE OPERATED IN A BUSINESS OF CARRYING OR TRANSPORTING PASSEN-
 GERS FOR HIRE having a seating capacity of not less than eight nor  more
 than  [twelve]  FOURTEEN  passengers,  a bond or insurance policy with a
 [minimum liability] COMBINED SINGLE LIMIT of [twenty-five] AT LEAST  ONE
 MILLION FIVE HUNDRED thousand dollars [and a maximum liability of eighty
 thousand  dollars]  for bodily injury[, and a minimum liability of fifty
 thousand dollars and a maximum liability of one hundred  fifty  thousand
 dollars  for]  OR  death  TO  ONE  OR  MORE PERSONS BECAUSE OF INJURY OR
 DESTRUCTION OF PROPERTY IN ANY ONE ACCIDENT, OR THE  LIMIT  REQUIRED  BY
 LOCAL  LAW  OR REGULATION, WHICHEVER IS GREATER; [for each motor vehicle
 having a seating capacity of not less than thirteen nor more than twenty
 passengers, a bond or insurance policy with a minimum liability of twen-
 ty-five thousand dollars and a maximum liability of one  hundred  twenty
 thousand  dollars  for  bodily  injury  and a minimum liability of fifty
 thousand dollars and a maximum liability of one hundred  fifty  thousand
 dollars  for  death; for each motor vehicle having a seating capacity of
 not less than twenty-one nor more than  thirty  passengers,  a  bond  or
 insurance  policy  with  a  minimum  liability  of  twenty-five thousand
 dollars and a maximum liability of one hundred  sixty  thousand  dollars
 for  bodily injury and a minimum liability of fifty thousand dollars and
 a maximum liability of two hundred thousand dollars for death; for  each
 motor  vehicle having a seating capacity of more than thirty passengers,
 a bond or insurance policy with a minimum liability of twenty-five thou-
 sand dollars and a maximum liability of two hundred thousand dollars for
 bodily injury and a minimum liability of fifty thousand  dollars  and  a
 maximum liability of two hundred fifty thousand dollars for death;]
   (b)  For damages for and incident to injury to or destruction of prop-
 erty; for each motor vehicle and each motorcycle HAVING A SEATING CAPAC-
 ITY OF FEWER THAN EIGHT PASSENGERS, a bond or insurance  policy  with  a
 minimum liability of ten thousand dollars.

 S. 700                              5
 
   Such  bond  or  policy  of  insurance  shall contain a provision for a
 continuing liability thereunder, notwithstanding any  recovery  thereon.
 Any such bond or policy of insurance shall also contain a provision that
 such  bond  or  policy  of  insurance  shall inure to the benefit of any
 person legally operating the motor vehicle or motorcycle in the business
 of  the  owner and with his permission, in the same manner and under the
 same conditions and to the same extent as to the owner. If at any  time,
 in  the  judgment of the commissioner, such bond or policy is not suffi-
 cient for any cause the commissioner may require the owner of such motor
 vehicle or motorcycle to  replace  such  bond  or  policy  with  another
 approved by the commissioner. A corporate surety or an insurance company
 evidence  of  whose bond or policy has been so filed, must file a notice
 in the office of the commissioner that upon  the  expiration  of  twenty
 days  from  such  filing  such  surety will cease to be liable upon such
 bond, or in the case of such insurance company, that upon the expiration
 of such time such policy will  be  cancelled;  provided,  however,  that
 where  the owner of such motor vehicle or motorcycle has replaced cover-
 age with another insurer, the expiration date shall be the date the  new
 coverage has commenced; further provided that where such owner has had a
 total  loss,  the expiration date shall be the earlier of twenty days or
 when the plates have been turned in to the commissioner. The commission-
 er shall thereupon notify the owner of such motor vehicle or  motorcycle
 of  the  filing  of  such notice, and unless such owner shall file a new
 bond or evidence of new bond or policy, as provided by this section,  on
 or  before such date as shall be specified by the commissioner, or shall
 place the number plates belonging to the motor vehicle or motorcycle  in
 the custody of the commissioner or his agent within such time, to remain
 in  such custody until a new bond or evidence of a new bond or policy is
 filed, the registration of such motor vehicle  or  motorcycle  shall  be
 revoked  as of the date specified in said notice of the commissioner and
 no new registration shall be issued for a period of thirty days.  Forth-
 with  after his registration has been so revoked such owner shall return
 the number plates issued for  such  vehicle  to  the  commissioner.  The
 provisions  of  subdivision  seven  of  section five hundred ten of this
 chapter shall apply to such revocations.
   Notwithstanding any contrary provision of this chapter, any such bond,
 or policy of insurance shall also provide for uninsured motorists cover-
 age in the minimal amount and in the form provided for in subsection (f)
 of section three thousand four hundred twenty of the insurance law.
   Nothing in this subdivision shall be construed to  prevent  compliance
 therewith  by filing a combination of bonds or policies or of a bond and
 policy or evidence thereof if the commissioner approves and the require-
 ments of this subdivision are otherwise met.
   § 6. Paragraph (b) of subdivision 2 of section 502 of the vehicle  and
 traffic  law,  as amended by chapter 520 of the laws of 1991, is amended
 to read as follows:
   (b) Except as provided in paragraph (a) of this subdivision an  appli-
 cant  for  a  class  B[,] OR C [or E] license shall be at least eighteen
 years of age AND AN APPLICANT FOR A CLASS E LICENSE SHALL  BE  AT  LEAST
 TWENTY-THREE YEARS OF AGE.
   §  7. Subdivision (1) of section 509-a of the vehicle and traffic law,
 as amended by chapter 853 of the laws of 1992, is  amended  to  read  as
 follows:
   (1)  bus  shall  mean  every  motor  vehicle, owned, leased, rented or
 otherwise controlled by a motor carrier, which (a) is a  school  bus  as
 defined  in section one hundred forty-two of this chapter or has a seat-

 S. 700                              6
 
 ing capacity of more than ten adult passengers in addition to the driver
 and which is used for the transportation of persons  under  the  age  of
 twenty-one or persons of any age who are mentally or physically disabled
 to a place of vocational, academic or religious instruction or religious
 service  including  nursery  schools, day care centers and camps, (b) is
 required to obtain approval to operate in  the  state  as  a  common  or
 contract carrier of passengers by motor vehicle from the commissioner of
 transportation,  or the interstate commerce commission, (c) is regulated
 as a bus line by a city that has adopted  an  ordinance,  local  law  or
 charter  to regulate or franchise bus line operations pursuant to subdi-
 vision four of section eighty of the transportation law,  (d)  is  regu-
 lated  as  a  van service or other common carrier of passengers by motor
 vehicle covered under article seven of the transportation law by a  city
 with  a population of over one million pursuant to an ordinance or local
 law adopted pursuant to subdivision five of section eighty of the trans-
 portation law or (e) is operated by a transit authority or  municipality
 and  is  used  to  transport  persons for hire. FOR THE PURPOSES OF THIS
 ARTICLE, A BUS SHALL BE DEFINED TO INCLUDE A LIMOUSINE  WITH  A  SEATING
 CAPACITY  OF NINE OR MORE, INCLUDING THE DRIVER. Provided, however, that
 bus shall not mean an  authorized  emergency  vehicle  operated  in  the
 course of an emergency, or a motor vehicle used in the transportation of
 agricultural workers to and from their place of employment;
   §  8.  Subdivision (e) of section 1160 of the vehicle and traffic law,
 as added by chapter 294 of the laws of  1989,  is  amended  to  read  as
 follows:
   (e)  U-turns.  U-turns  shall  be made from and to that portion of the
 highway nearest the marked center line. Where more than one  lane  of  a
 highway  has  been designated for left turns, U-turns shall be made only
 from the lane so designated that is adjacent to the marked center  line.
 MODIFIED  OR STRETCH LIMOUSINES WITH TOTAL SEATING CAPACITIES OF NINE OR
 MORE, INCLUDING THE DRIVER, ARE PROHIBITED FROM MAKING  U-TURNS  ON  ANY
 ROADWAY.
   §  9.  This act shall take effect immediately; provided, however, that
 within sixty days after such effective date all  limousines  subject  to
 the provisions of this act shall have in full force and effect an insur-
 ance  policy  or  other  permissible  bond, deposit, or qualification as
 required by this act, and  shall  provide  satisfactory  proof  of  such
 coverage to the commissioner of motor vehicles.