NY State Senate Bill S2978A

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (20)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2019	vetoed memo.177
Nov 26, 2019	delivered to governor
Jun 19, 2019	returned to senate passed assembly ordered to third reading rules cal.447 substituted for a4417a
Jun 17, 2019	referred to codes returned to assembly repassed senate
Jun 14, 2019	amended on third reading 2978a
Jun 14, 2019	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 15, 2019	referred to transportation delivered to assembly passed senate
Feb 27, 2019	advanced to third reading
Feb 26, 2019	2nd report cal.
Feb 12, 2019	1st report cal.151
Jan 31, 2019	referred to transportation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S2978 - Details

See Assembly Version of this Bill:: A4417
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8207, A10551
2021-2022: S6321, A4950

S2978 - Summary

Requires charter buses to use commercial global positioning system technology which takes into account the minimum clearance of the motor vehicle.

S2978 - Sponsor Memo

 
BILL NUMBER: S2978

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
charter buses to use commercial global positioning system technology

 
PURPOSE:

To ensure that every charter bus has a commercial global positioning
system while operating in New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law by adding section 509-dd,
which requires that every charter bus must have a commercial global
positioning system in order to operate in New York. For this purpose, a
charter bus will be any bus transporting passengers for compensation in
chartered party, where the two groups have a common purpose and under a
single contract agree to a specific destination and itinerary. The

commercial global positioning system is any system that is specifically
designed to assist navigation of commercial vehicles, which included
finding routes with minimum clearance of the bus.

 
JUSTIFICATION:

There have been incidents in which charter buses have hit the overpass
injuring many of the passengers on board due to the use of an everyday
global positioning application rather than one made for commercial use.
These everyday applications were created for cars and will suggest park-
ways as potential routes even though parkways are not made for commer-
cial traffic. Commercial global positioning systems were created for
commercial vehicles and will not suggest a route that a commercial vehi-
cle could not take. The commercial systems take into consideration the
height of the bus, and will suggest only routes in which the overpasses
meet the minimum requirement for the bus. This would ensure that all
commercial buses would only drive on roads that are safe for a vehicle
of that size.

 
LEGISLATIVE HISTORY:

S.8207 of 2018

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE PATE:

Immediately.

S2978 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2978

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 31, 2019
                               ___________

Introduced  by Sens. GAUGHRAN, KAMINSKY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion

AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
  charter buses to use commercial global positioning system technology

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 509-dd to read as follows:
  § 509-DD. ADDITIONAL REQUIREMENTS FOR CHARTER  BUSES.  (1)  NO  DRIVER
SHALL OPERATE A CHARTER BUS AND A MOTOR CARRIER SHALL NOT PERMIT A DRIV-
ER  TO  OPERATE A CHARTER BUS WITHOUT THE USE OF COMMERCIAL GLOBAL POSI-
TIONING SYSTEM (GPS) TECHNOLOGY.
  (2) FOR THE PURPOSES OF THIS SECTION:
  (A) "CHARTER BUS" SHALL MEAN A BUS TRANSPORTING PASSENGERS FOR COMPEN-
SATION IN CHARTERED PARTY.
  (B) "CHARTERED PARTY" SHALL MEAN A GROUP OF PERSONS WHO, PURSUANT TO A
COMMON PURPOSE AND UNDER A SINGLE CONTRACT AND AT A FIXED  CHARGE,  HAVE
ACQUIRED  EXCLUSIVE  USE  OF  A  BUS  TO TRAVEL TOGETHER AS A GROUP TO A
SPECIFIC DESTINATION OR FOR A PARTICULAR ITINERARY EITHER AGREED UPON IN
ADVANCE OR MODIFIED AFTER HAVING LEFT THE PLACE OF ORIGIN BY SUCH GROUP.
  (C) "COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY" SHALL MEAN
GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY WHICH HAS  BEEN  SPECIFICALLY
DESIGNED  TO ASSIST IN THE NAVIGATION OF COMMERCIAL MOTOR VEHICLES WHICH
INCLUDES, BUT IS NOT LIMITED TO, SELECTION OF  ROUTES  WHICH  TAKE  INTO
ACCOUNT THE MINIMUM CLEARANCE OF SUCH MOTOR VEHICLE.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08020-01-9

Co-Sponsors

S2978A (ACTIVE) - Details

See Assembly Version of this Bill:: A4417
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8207, A10551
2021-2022: S6321, A4950

S2978A (ACTIVE) - Summary

Requires charter buses to use commercial global positioning system technology which takes into account the minimum clearance of the motor vehicle.

S2978A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2978A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
charter buses to use commercial global positioning system technology

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that charter buses have a commercial global positioning
system.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the Vehicle and Traffic Law by adding a new subdivision
52 to section 375 to require every charter bus registered in the State
be equipped with commercial global positioning system technology, and to
prohibit any person from operating, or causing the operation, of a char-
ter bus registered in the State unless it is equipped with the required
commercial GPS technology.

Section 2 provides that the act would be deemed repealed if any federal
agency or any court of competent jurisdiction finally determines that
the act would render New York State out of compliance with federal law
or regulation.

Section 3 provides a severability clause. Section 4 is the effective
date.

 
JUSTIFICATION:

There have been incidents in which charter busses have hit the overpass
injuring many of the passengers on board due to the use of an everyday
global positioning application rather than one made for commercial use.
These everyday applications were created for cars and will suggest park-
ways as potential routes even though parkways are not made for commer-
cial traffic. Commercial global positioning systems were created for
commercial vehicles and will not suggest a route that a commercial vehi-
cle could not take. The commercial systems take into account the height
of the bus, and will suggest only routes in which the overpasses meet
the minimum height requirement for the bus. This would ensure that all
commercial busses would only drive on roads that are safe for a vehicle
of that size.

 
PRIOR LEGISLATIVE HISTORY:

S.8207 of 2018.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law;
provided that the commissioner of transportation shall notify the legis-
lative bill drafting commission upon the occurrence of the provisions of
section two of this act in order that the commission may maintain an
accurate and timely effective 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 legislative law and section 70-b of the public
officers 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.

S2978A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2978--A
    Cal. No. 151

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 31, 2019
                               ___________

Introduced  by Sens. GAUGHRAN, KAMINSKY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  reported favorably from said committee, ordered to first and
  second report, ordered to a third reading, passed by Senate and deliv-
  ered to the Assembly, recalled, vote reconsidered, restored  to  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
  charter buses to use commercial global positioning system technology

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 375 of the vehicle and traffic law is  amended  by
adding a new subdivision 54 to read as follows:
  54.  CHARTER  BUS  COMMERCIAL GPS. (A) EVERY CHARTER BUS REGISTERED IN
THIS STATE SHALL BE EQUIPPED WITH COMMERCIAL  GLOBAL  POSITIONING  (GPS)
TECHNOLOGY.
  (B)  IT SHALL BE UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A CHARTER
BUS REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD  OPEN
TO PUBLIC MOTOR VEHICLE TRAFFIC UNLESS SUCH CHARTER BUS IS EQUIPPED WITH
COMMERCIAL  GLOBAL  POSITIONING  SYSTEM  (GPS) TECHNOLOGY AS REQUIRED BY
THIS SUBDIVISION.
  (C) FOR THE PURPOSES OF THIS SUBDIVISION:
  (I) "CHARTER BUS" SHALL MEAN A BUS TRANSPORTING PASSENGERS FOR COMPEN-
SATION IN CHARTERED PARTY.
  (II) "CHARTERED PARTY" SHALL MEAN A GROUP OF PERSONS WHO, PURSUANT  TO
A COMMON PURPOSE AND UNDER A SINGLE CONTRACT AND AT A FIXED CHARGE, HAVE
ACQUIRED  EXCLUSIVE  USE  OF  A  BUS  TO TRAVEL TOGETHER AS A GROUP TO A
SPECIFIC DESTINATION OR FOR A PARTICULAR ITINERARY EITHER AGREED UPON IN
ADVANCE OR MODIFIED AFTER HAVING LEFT THE PLACE OF ORIGIN BY SUCH GROUP.
  (III) "COMMERCIAL GLOBAL POSITIONING SYSTEM  (GPS)  TECHNOLOGY"  SHALL
MEAN  GLOBAL  POSITIONING SYSTEM (GPS) TECHNOLOGY WHICH HAS BEEN SPECIF-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD08020-03-9

S. 2978--A                          2

ICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL MOTOR VEHICLES
WHICH INCLUDES, BUT IS NOT LIMITED TO, SELECTION OF  ROUTES  WHICH  TAKE
INTO ACCOUNT THE MINIMUM CLEARANCE, WEIGHT RESTRICTION OR TURNING RADIUS
OF SUCH COMMERCIAL MOTOR VEHICLE.
  §  2.  This  act shall be deemed repealed if any federal agency or any
court of competent jurisdiction finally determines that this  act  would
render New York state out of compliance with federal law or regulation.
  §  3.  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, such judgment shall not affect, impair or invali-
date 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  shall  have
been rendered.
  §  4. This act shall take effect one year after it shall have become a
law; provided that the commissioner of transportation shall  notify  the
legislative   bill  drafting  commission  upon  the  occurrence  of  the
provisions of section two of this act in order that the  commission  may
maintain an accurate and timely effective 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 legislative law and section 70-b of  the
public  officers  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.

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The New York State Senate

senate Bill S2978A

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

May 15, 2019 - floor Vote

Floor Vote: May 15, 2019

Feb 12, 2019 - Transportation committee Vote

Committee Vote: Feb 12, 2019

Bill Amendments

Co-Sponsors

S2978 - Details

S2978 - Summary

S2978 - Sponsor Memo

S2978 - Bill Text download pdf

Co-Sponsors

S2978A (ACTIVE) - Details

S2978A (ACTIVE) - Summary

S2978A (ACTIVE) - Sponsor Memo

S2978A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2978A

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Sponsored By

James Gaughran

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Jun 17, 2019 - floor Vote

Floor Vote: Jun 17, 2019

May 15, 2019 - floor Vote

Floor Vote: May 15, 2019

Feb 12, 2019 - Transportation committee Vote

Committee Vote: Feb 12, 2019

Bill Amendments

Co-Sponsors

Todd Kaminsky

S2978 - Details

S2978 - Summary

S2978 - Sponsor Memo

S2978 - Bill Text download pdf

Co-Sponsors

Todd Kaminsky

S2978A (ACTIVE) - Details

S2978A (ACTIVE) - Summary

S2978A (ACTIVE) - Sponsor Memo

S2978A (ACTIVE) - Bill Text download pdf

Comments