NY State Senate Bill 2019-S6187A

Senate Bill S6187A

Signed By Governor

2019-2020 Legislative Session

Requires stretch limousines to use commercial global positioning system technology

download bill text pdf

Archive: Last Bill Status Via A9058 - Signed by Governor

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	signed chap.11
Jan 30, 2020	delivered to governor
Jan 14, 2020	returned to assembly passed senate 3rd reading cal.76 substituted for s6187c
Jan 14, 2020	substituted by a9058
Jan 13, 2020	ordered to third reading cal.76 reported and committed to rules
Jan 10, 2020	print number 6187c
Jan 10, 2020	amend and recommit to transportation
Jan 08, 2020	print number 6187b
Jan 08, 2020	amend and recommit to transportation referred to transportation returned to senate died in assembly
Jun 06, 2019	referred to transportation delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal. amended 6187a
May 30, 2019	1st report cal.1085
May 21, 2019	referred to transportation

Votes

- Jan 14, 2020 - Floor Vote
  A9058
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 14, 2020
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (2)
      
      Amedore
      
      Jordan
  Jun 6, 2019 - Floor Vote
  S6187A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2019
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Sanders Jr.
  Jan 13, 2020 - Transportation Committee Vote
  S6187A
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jan 13, 2020
      
      aye (15)
      
      Benjamin
      
      Carlucci
      
      Gallivan
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      O'Mara
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      Skoufis
  May 30, 2019 - Transportation Committee Vote
  S6187A
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 30, 2019
      
      aye (13)
      
      Benjamin
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      Skoufis
      
      aye wr (2)
      
      Gallivan
      
      O'Mara
  Jan 13, 2020 - Rules Committee Vote
  S6187A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 13, 2020
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

C (Active)

2019-S6187 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §509-dd, V & T L

2019-S6187 - Summary

Requires stretch limousines to use commercial global positioning system technology which takes into account the minimum clearance, weight restriction, or turning radius of the motor vehicle.

2019-S6187 - Sponsor Memo

                                
 
BILL NUMBER: S6187

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring stretch limousines to use commercial global posi-
tioning system technology

 
PURPOSE:

To ensure that every stretch limousine has a commercial global position-
ing 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 stretch limousine must have a commercial
global positioning system in order to operate in New York. For this
purpose, a stretch limousine will be any modified motor vehicle capable
of transporting 9 or more passengers for compensation. The commercial
global positioning system is any system that is specifically designed to
assist navigation of commercial vehicles, which includes finding routes

with minimum clearance of the bus, consideration of factors such as
turning radius, and providing transparency to employers with respect to
potentially dangerous moving violations.

 
JUSTIFICATION:

In response to multiple tragedies involving stretch limousines and feed-
back from limousine company operators, this proposal provides an addi-
tional layer of oversight over the operator's conduct and seeks to
ensure that stretch limousines are using routes designed for commercial
vehicles and are not violating traffic laws in a way that could endanger
their passengers.

 
LEGISLATIVE HISTORY:

Similar bills for charter buses, S.8207 of 2018 and S:2978 of 2019,
passed without objection.

 
FISCAL IMPLICATIONS:

None for State.

 
EFFECTIVE PATE:

180 days after being signed into law.

2019-S6187 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6187
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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
   stretch  limousines  to use commercial global positioning system tech-
   nology

   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 STRETCH LIMOUSINES. (1) NO DRIV-
 ER SHALL OPERATE A STRETCH LIMOUSINE  AND  A  MOTOR  CARRIER  SHALL  NOT
 PERMIT  A  DRIVER  TO  OPERATE  A  STRETCH  LIMOUSINE WITHOUT THE USE OF
 COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY.
   (2) FOR THE PURPOSES OF THIS SECTION:
   (A) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE  HAVING  A
 SEATING  CAPACITY  OF  NINE  OR  MORE  PASSENGERS, INCLUDING THE DRIVER,
 TRANSPORTING PASSENGERS FOR COMPENSATION IN CHARTERED PARTY.
   (B) "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 OR TURNING RADIUS OF SUCH MOTOR VEHICLE,
 AND IS CAPABLE OF PROVIDING REAL-TIME ACCOUNTING OF THE MOTOR  VEHICLE'S
 SPEED,  LOCATION,  AND ACTIONS TO THE MOTOR CARRIER OR STRETCH LIMOUSINE
 OPERATOR'S EMPLOYER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11954-01-9

co-Sponsors

2019-S6187A - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §509-dd, V & T L

2019-S6187A - Summary

Requires stretch limousines to use commercial global positioning system technology which takes into account the minimum clearance, weight restriction, or turning radius of the motor vehicle.

2019-S6187A - Sponsor Memo

                                
 
BILL NUMBER: S6187A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to requiring stretch limousines to use commercial global posi-
tioning system technology

 
PURPOSE:

To ensure that every stretch limousine has a commercial global position-
ing 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 stretch limousine must have a commercial
global positioning system in order to operate in New York. For this
purpose, a stretch limousine will be any modified motor vehicle capable
of transporting 9 or more passengers for compensation. The commercial
global positioning system is any system that is specifically designed to
assist navigation of commercial vehicles, which includes finding routes

with minimum clearance of the bus, consideration of factors such as
turning radius, and providing transparency to employers with respect to
potentially dangerous moving violations.

 
JUSTIFICATION:

In response to multiple tragedies involving stretch limousines and feed-
back from limousine company operators, this proposal provides an addi-
tional layer of oversight over the operator's conduct and seeks to
ensure that stretch limousines are using routes designed for commercial
vehicles and are not violating traffic laws in a way that could endanger
their passengers.

 
LEGISLATIVE HISTORY:

Similar bills for charter buses, 5.8207 of 2018 and S.2978 of 2019,
passed without objection.

 
FISCAL IMPLICATIONS:

None for State.

 
EFFECTIVE PATE:

One year after being signed into law.

2019-S6187A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6187--A
     Cal. No. 1085
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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

 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   stretch  limousines  to use commercial global positioning system tech-
   nology
 
   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 STRETCH LIMOUSINES. (1) NO DRIV-
 ER SHALL OPERATE A STRETCH LIMOUSINE  AND  A  MOTOR  CARRIER  SHALL  NOT
 PERMIT  A  DRIVER  TO  OPERATE  A  STRETCH  LIMOUSINE WITHOUT THE USE OF
 COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY.
   (2) FOR THE PURPOSES OF THIS SECTION:
   (A) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE  HAVING  A
 SEATING  CAPACITY  OF  NINE  OR  MORE  PASSENGERS, INCLUDING THE DRIVER,
 TRANSPORTING PASSENGERS FOR COMPENSATION.
   (B) "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 OR TURNING RADIUS OF SUCH MOTOR VEHICLE,
 AND IS CAPABLE OF PROVIDING REAL-TIME ACCOUNTING OF THE MOTOR  VEHICLE'S
 SPEED,  LOCATION, AND USE OF ANY HIGHWAY, STREET OR ROADWAY TO THE MOTOR
 CARRIER OR STRETCH LIMOUSINE OPERATOR'S EMPLOYER.
   § 2. This act shall take effect one year after it 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11954-02-9

co-Sponsors

View additional co-sponsors

2019-S6187B - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §509-dd, V & T L

2019-S6187B - Summary

Requires stretch limousines to use commercial global positioning system technology which takes into account the minimum clearance, weight restriction, or turning radius of the motor vehicle.

2019-S6187B - Sponsor Memo

                                
 
BILL NUMBER: S6187B

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
stretch limousines to use commercial global positioning system technolo-
gy

 
PURPOSE:

To ensure that every stretch limousine has a commercial global position-
ing system while operating in New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law by amending the equipment
article of the statute to require every stretch limousine registered in
the state that is capable of carrying nine or more passengers, including
the driver, to be equipped with and use a commercial global positioning
system in order to operate in New York.  The commercial global position-

ing system is any system that is specifically designed to assist naviga-
tion of commercial vehicles, which includes finding routes with minimum
clearance of the vehicle, consideration of factors such as turning radi-
us and route selection.

Sections two and three of the bill include preemption language to ensure
that the bill will not take effect if it is found to jeopardize federal
funding. Section four is the effective date.

 
JUSTIFICATION:

In response to multiple tragedies involving stretch limousines and feed-
back from limousine company operators, this proposal provides an addi-
tional layer of oversight over the operator's conduct and seeks to
ensure that stretch limousines are using routes designed for commercial
vehicles and are not violating traffic laws in a way that could endanger
their passengers.

 
LEGISLATIVE HISTORY:

Similar bills for charter buses, 5.8207 of 2018 and S.2978 of 2019,
passed without objection. Nearly identical bill S.6187-A passed Senate
without objection in 2019.

 
FISCAL IMPLICATIONS:

None for State.

 
EFFECTIVE DATE:
One year after being signed into law.

2019-S6187B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6187--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens.  GAUGHRAN, CARLUCCI, KENNEDY, LIU, 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 commit-
   tee
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   stretch  limousines  to use commercial global positioning system tech-
   nology
 
   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. STRETCH LIMOUSINE COMMERCIAL  GPS.  (A)  EVERY  STRETCH  LIMOUSINE
 REGISTERED  IN THIS STATE SHALL BE EQUIPPED WITH COMMERCIAL GLOBAL POSI-
 TIONING SYSTEM (GPS) TECHNOLOGY.
   (B) IT SHALL BE UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A  STRETCH
 LIMOUSINE REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD
 OPEN  TO  PUBLIC  MOTOR VEHICLE TRAFFIC UNLESS SUCH STRETCH LIMOUSINE IS
 EQUIPPED WITH COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS)  TECHNOLOGY  AS
 REQUIRED  BY  THIS  SUBDIVISION  AND  SUCH COMMERCIAL GLOBAL POSITIONING
 SYSTEM (GPS) TECHNOLOGY IS USED. THE PRESENCE IN SUCH STRETCH  LIMOUSINE
 OF  COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY CONNECTED TO A
 POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE EVIDENCE OF ITS
 USE BY ANY PERSON OPERATING SUCH STRETCH LIMOUSINE. SUCH PRESUMPTION MAY
 BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH  TENDS  TO  SHOW
 THAT  SUCH COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY WAS NOT
 IN USE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11954-12-9

 S. 6187--B                          2
 
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "STRETCH  LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
 SEATING CAPACITY OF NINE  OR  MORE  PASSENGERS,  INCLUDING  THE  DRIVER,
 COMMONLY  REFERRED  TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
 BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
   (II) "COMMERCIAL GLOBAL POSITIONING  SYSTEM  (GPS)  TECHNOLOGY"  SHALL
 MEAN  GLOBAL  POSITIONING SYSTEM (GPS) TECHNOLOGY WHICH HAS BEEN SPECIF-
 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 RADI-
 US OF SUCH COMMERCIAL MOTOR VEHICLE.
   §  2.  This act shall be deemed repealed if any federal agency finally
 determines 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.
   §  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.

co-Sponsors

View additional co-sponsors

2019-S6187C (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §509-dd, V & T L

2019-S6187C (ACTIVE) - Summary

Requires stretch limousines to use commercial global positioning system technology which takes into account the minimum clearance, weight restriction, or turning radius of the motor vehicle.

2019-S6187C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6187C

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring
stretch limousines to use commercial global positioning system technolo-
gy

 
PURPOSE:

To ensure that every stretch limousine has a commercial global position-
ing system while operating in New York.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law by amending the equipment
article of the statute to require every stretch limousine registered in
the state that is capable of carrying nine or more passengers, including
the driver, to be equipped with and use a commercial global positioning
system in order to operate in New York.

The commercial global positioning system is any system that is specif-
ically designed to assist navigation of commercial vehicles. A one year
compliance window has been added relative to the National Highway Traf-
fic Safety Administration's establishment of design standards for
commercial GPS, rather than the previous one year effective date.

Sections two and three of the bill include preemption language to ensure
that the bill will not take effect if it is found to jeopardize federal
funding, and provide for the effective date.

 
JUSTIFICATION:

In response to multiple tragedies involving stretch limousines and feed-
back from limousine company operators, this proposal provides an addi-
tional layer of oversight over the operator's conduct and seeks to
ensure that stretch limousines are using routes designed for commercial
vehicles and are not violating traffic laws in a way that could endanger
their passengers.

 
LEGISLATIVE HISTORY:

Similar bills for charter buses, S.8207 of 2018 and S.2978 of 2019,
passed without objection. Nearly identical bill 5.6187-A passed Senate
without objection in 2019.

 
FISCAL IMPLICATIONS:

None for State.

 
EFFECTIVE DATE:
30 days after being signed into law.

2019-S6187C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6187--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sens. GAUGHRAN, BRESLIN, CARLUCCI, KENNEDY, LIU, 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 committee
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
   stretch  limousines  to use commercial global positioning system tech-
   nology
 
   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. STRETCH LIMOUSINE COMMERCIAL  GPS.  (A)  EVERY  STRETCH  LIMOUSINE
 REGISTERED  IN THIS STATE SHALL BE EQUIPPED WITH COMMERCIAL GLOBAL POSI-
 TIONING SYSTEM (GPS) TECHNOLOGY WITHIN NO LATER THAN  ONE  YEAR  OF  THE
 DATE  UPON  WHICH  THE  NATIONAL  HIGHWAY  TRAFFIC SAFETY ADMINISTRATION
 PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR COMMERCIAL GPS.
   (B) IT SHALL BE UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A  STRETCH
 LIMOUSINE REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD
 OPEN  TO  PUBLIC  MOTOR VEHICLE TRAFFIC UNLESS SUCH STRETCH LIMOUSINE IS
 EQUIPPED WITH COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS)  TECHNOLOGY  AS
 REQUIRED  BY  THIS  SUBDIVISION  AND  SUCH COMMERCIAL GLOBAL POSITIONING
 SYSTEM (GPS) TECHNOLOGY IS USED. THE PRESENCE IN SUCH STRETCH  LIMOUSINE
 OF  COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY CONNECTED TO A
 POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE EVIDENCE OF ITS
 USE BY ANY PERSON OPERATING SUCH STRETCH LIMOUSINE. SUCH PRESUMPTION MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11954-14-0

 S. 6187--C                          2
 
 BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH  TENDS  TO  SHOW
 THAT  SUCH COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) TECHNOLOGY WAS NOT
 IN USE.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "STRETCH  LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE HAVING A
 SEATING CAPACITY OF NINE  OR  MORE  PASSENGERS,  INCLUDING  THE  DRIVER,
 COMMONLY  REFERRED  TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED IN THE
 BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
   (II) "COMMERCIAL GLOBAL POSITIONING  SYSTEM  (GPS)  TECHNOLOGY"  SHALL
 MEAN  GLOBAL  POSITIONING SYSTEM (GPS) TECHNOLOGY WHICH HAS BEEN SPECIF-
 ICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF  COMMERCIAL  MOTOR  VEHI-
 CLES.
   §  2.  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.
   § 3. This act shall take effect thirty days after it shall have become
 a law; provided, further, that 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 compe-
 tent jurisdiction finally determines that this act would render New York
 state  out  of  compliance  with federal law or regulation; and provided
 that the commissioner of transportation  shall  notify  the  legislative
 bill  drafting  commission upon the occurrence of the provisions 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 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.

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Senate Bill S6187A

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Sponsored By

Archive: Last Bill Status Via A9058 - Signed by Governor

Bill Amendments

2019-S6187 - Details

2019-S6187 - Summary

2019-S6187 - Sponsor Memo

2019-S6187 - Bill Text download pdf

co-Sponsors

2019-S6187A - Details

2019-S6187A - Summary

2019-S6187A - Sponsor Memo

2019-S6187A - Bill Text download pdf

co-Sponsors

2019-S6187B - Details

2019-S6187B - Summary

2019-S6187B - Sponsor Memo

2019-S6187B - Bill Text download pdf

co-Sponsors

2019-S6187C (ACTIVE) - Details

2019-S6187C (ACTIVE) - Summary

2019-S6187C (ACTIVE) - Sponsor Memo

2019-S6187C (ACTIVE) - Bill Text download pdf

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