NY State Senate Bill S6188

Archive: Last Bill Status Via A8172 - Signed by Governor

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

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	signed chap.4
Jan 30, 2020	delivered to governor
Jan 14, 2020	returned to assembly passed senate 3rd reading cal.77 substituted for s6188b
Jan 14, 2020	substituted by a8172b
Jan 13, 2020	ordered to third reading cal.77 reported and committed to rules
Jan 08, 2020	print number 6188b
Jan 08, 2020	amend (t) 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 6188a
May 30, 2019	1st report cal.1086
May 21, 2019	referred to transportation

Votes

view votes

Jan 14, 2020 - floor Vote

A8172B

floor

Aye

Nay

Absent

Excused

Abstained

Jan 13, 2020 - Rules committee Vote

S6188B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 13, 2020 - Transportation committee Vote

S6188B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 6, 2019 - floor Vote

S6188A

floor

Aye

Nay

Absent

Excused

Abstained

May 30, 2019 - Transportation committee Vote

S6188

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

B (Active)

Original

B (Active)

S6188 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1161, 1800 & 1180, V & T L

S6188 - Summary

Relates to the punishment for certain traffic infractions committed by an operator of a stretch limousine or other motor vehicle designed or modified for purposes of having a seating capacity of nine or more passengers.

S6188 - Sponsor Memo

 
BILL NUMBER: S6188

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the punishment for certain traffic infractions committed by
an operator of a stretch limousine or other motor carrier designed or
modified for purposes of having a seating capacity of nine or more
passengers

 
PURPOSE:

To increase penalties for commercial passenger motor carriers which,make
illegal u-turns, run red lights, or speed with a vehicle designed to
seat nine or more passengers including the driver.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law to expand the u-turn ban
created in the 2019 Adopted Budget to cover any commercial passenger
motor carrier with a seating capacity of nine or more passengers, and
increases the penalties for violating this ban to a penalty of no less

than $250 and/or 15 days' imprisonment for the first offense, with
increased penalties for operating the vehicle with passengers and addi-
tional penalties for multiple convictions within the past 10 years.

Section 2 increases the penalties for commercial passenger motor carrier
with a seating capacity of nine or more passengers which are convicted
for illegally running a red light.

Section 3 provides that commercial passenger motor carriers with a seat-
ing capacity of nine or more passengers which are convicted of speeding
are subject to the enhanced penalty scheme that currently applies to
repeat offenders.

 
JUSTIFICATION:

The Cutchogue tragedy - which resulted largely from a stretch limousine
committing an illegal u-turn - and subsequent special grand jury report
convened by Suffolk County highlighted the difficulty that employers
face in ensuring that large passenger motor vehicle operators comply
with the traffic laws. Grand jury witnesses testified that they provided
training and prohibited their employees from making u-turns, only to
have those proscriptions ignored.

This legislation increases the penalties for three of the most dangerous
of these moving violations - violations for which the State has even
authorized enforcement cameras to prevent - to provide increased finan-
cial or criminal consequences for committing these dangerous actions,
particularly when an operator has passengers in the vehicle while
violating these laws.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None for State.

 
EFFECTIVE PATE:

Generally one year after being signed into law.

S6188 - Bill Text download pdf


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

                                  6188

                       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 the  punish-
  ment  for  certain  traffic  infractions committed by an operator of a
  stretch limousine or other motor  carrier  designed  or  modified  for
  purposes of having a seating capacity of nine or more passengers

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

  Section 1. Subdivision c of section 1161 of the  vehicle  and  traffic
law,  as  added  by  section 14 of part III of chapter 59 of the laws of
2019, is amended to read as follows:
  c. (I) No altered motor vehicle commonly referred  to  as  a  "stretch
limousine"  OR  OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR PURPOSES OF
having a seating capacity of [ten] NINE or more passengers including the
driver shall make a U-turn upon any public highway or private road  open
to public motor vehicle traffic.
  (II) A VIOLATION OF PARAGRAPH (I) OF THIS SUBDIVISION SHALL BE A TRAF-
FIC  INFRACTION, PUNISHABLE BY NO LESS THAN TWO HUNDRED FIFTY DOLLARS OR
BY IMPRISONMENT IN A PENITENTIARY OR  COUNTY  JAIL  FOR  NOT  MORE  THAN
FIFTEEN  DAYS,  OR  BY  BOTH SUCH FINE AND IMPRISONMENT. IF THE OPERATOR
VIOLATES PARAGRAPH (I) OF THIS SUBDIVISION WHILE CARRYING  ONE  OR  MORE
PASSENGERS  OTHER THAN THE DRIVER, SUCH VIOLATION SHALL BE PUNISHABLE BY
NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT IN A  PENITENTIARY
FOR  NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT. A
PERSON WHO OPERATES A VEHICLE IN VIOLATION  OF  PARAGRAPH  (I)  OF  THIS
SUBDIVISION  AFTER  HAVING  BEEN  CONVICTED OF ONE OR MORE VIOLATIONS OF
SUCH PARAGRAPH WITHIN THE PRECEDING TEN YEARS SHALL  BE  PUNISHED  BY  A
FINE  OF  NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO THOU-
SAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS, OR BY
BOTH SUCH FINE AND IMPRISONMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11412-03-9

S. 6188                             2

  § 2. Paragraph 1 of subdivision (b) of section 1800 of the vehicle and
traffic law, as amended by chapter 574 of the laws of 2006,  is  amended
to read as follows:
  1.  Every  person convicted of a traffic infraction for a violation of
any of the provisions of this chapter or of any ordinance,  order,  rule
or  regulation  adopted  pursuant  to  section sixteen hundred thirty or
sixteen hundred thirty-one of this chapter for which another penalty  is
not  provided shall for a first conviction thereof be punished by a fine
of not more than one hundred fifty dollars or by  imprisonment  for  not
more  than  fifteen  days  or  by both such fine and imprisonment; for a
conviction of a second violation, both of which were committed within  a
period  of  eighteen  months, such person shall be punished by a fine of
not more than three hundred dollars or by imprisonment for not more than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period of eighteen months, such person shall be punished by  a  fine  of
not more than four hundred fifty dollars or by imprisonment for not more
than  ninety  days  or by both such fine and imprisonment, except that a
person convicted of a traffic infraction for a  violation  of  paragraph
one  of  subdivision  (d)  of section one thousand one hundred eleven of
this chapter outside of a city having a population  of  one  million  or
more shall, for a first conviction thereof, be punished by a fine of not
less  than  seventy-five  dollars  nor more than two hundred twenty-five
dollars or by imprisonment for not more than fifteen  days  or  by  both
such fine and imprisonment; for a conviction of a second violation, both
of  which were committed within a period of eighteen months, such person
shall be punished by a fine of not less than one hundred  fifty  dollars
nor  more than three hundred seventy-five dollars or by imprisonment for
not more than forty-five days or by both  such  fine  and  imprisonment;
upon  a conviction of a third or subsequent violation, all of which were
committed within a period of  eighteen  months,  such  person  shall  be
punished  by  a fine of not less than three hundred seventy-five dollars
nor more than six hundred seventy-five dollars or  by  imprisonment  for
not  more  than ninety days or by both such fine and imprisonment except
that a person convicted for a violation of paragraph one of  subdivision
(d)  of  section  one thousand one hundred eleven of this chapter shall,
for a first conviction thereof, be punished by a fine of not  less  than
one hundred fifty dollars nor more than four hundred fifty dollars or by
imprisonment  for  not  more  than fifteen days or by both such fine and
imprisonment; for a conviction of a second violation, both of which were
committed within a period of  eighteen  months,  such  person  shall  be
punished  by a fine of not less than three hundred dollars nor more than
seven hundred fifty dollars or by imprisonment for not more than  forty-
five  days or by both such fine and imprisonment; upon a conviction of a
third or subsequent violation, all of  which  were  committed  within  a
period  of  eighteen  months, such person shall be punished by a fine of
not less than seven hundred fifty dollars nor  more  than  one  thousand
five hundred dollars or by imprisonment for not more than ninety days or
by both such fine and imprisonment.  PROVIDED, HOWEVER, THAT A VIOLATION
OF  PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ONE THOUSAND ONE HUNDRED
ELEVEN OF THIS  CHAPTER  SHALL,  FOR  A  FIRST  CONVICTION  THEREOF,  BE
PUNISHED  BY  A  FINE  OF  NOT LESS THAN TWO HUNDRED FIFTY DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH  SUCH  FINE  AND
IMPRISONMENT  IF  THE  OPERATOR  IS  OPERATING  AN ALTERED MOTOR VEHICLE
COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE"  OR  OTHER  MOTOR  CARRIER
DESIGNED  OR  MODIFIED FOR PURPOSES OF HAVING A SEATING CAPACITY OF NINE

S. 6188                             3

OR MORE PASSENGERS INCLUDING THE DRIVER; PROVIDED FURTHER, HOWEVER, THAT
A VIOLATION OF SUCH SUBDIVISION IF THE OPERATOR IS OPERATING AN  ALTERED
MOTOR  VEHICLE  COMMONLY  REFERRED  TO AS A "STRETCH LIMOUSINE" OR OTHER
MOTOR  CARRIER  DESIGNED  OR  MODIFIED  FOR PURPOSES OF HAVING A SEATING
CAPACITY OF NINE OR MORE PASSENGERS WHILE CARRYING ONE OR  MORE  PASSEN-
GERS  OTHER  THAN  THE  DRIVER SHALL, FOR A FIRST CONVICTION THEREOF, BE
PUNISHED BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISON-
MENT FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE  AND  IMPRISON-
MENT  AND  FOR  A  CONVICTION  OF A SECOND VIOLATION, BOTH OF WHICH WERE
COMMITTED WITHIN A PERIOD OF  EIGHTEEN  MONTHS,  AN  OPERATOR  SHALL  BE
PUNISHED  BY  A  FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE
THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT  MORE  THAN  FORTY-
FIVE  DAYS,  OR  BY  BOTH  SUCH FINE AND IMPRISONMENT IF THE OPERATOR IS
OPERATING AN ALTERED MOTOR VEHICLE COMMONLY REFERRED TO  AS  A  "STRETCH
LIMOUSINE"  OR  OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR PURPOSES OF
HAVING A SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING THE DRIV-
ER.
  § 3. Paragraph 5 of subdivision (h) of section 1180 of the vehicle and
traffic law, as amended by section 8 of part C of section 62 of the laws
of 2003, is amended to read as follows:
  5. Notwithstanding the foregoing provisions of this  subdivision,  the
maximum  fine  provided herein for the violation for which the person is
sentenced may be increased by an additional one hundred fifty dollars if
the conviction is for a second violation  of  any  subdivision  of  this
section  where  both  violations were committed within an eighteen month
period OR WHERE THE CONVICTION IS FOR A FIRST VIOLATION OF ANY  SUBDIVI-
SION  OF  THIS  SECTION  IN  WHICH THE OPERATOR WAS OPERATING AN ALTERED
MOTOR VEHICLE COMMONLY REFERRED TO AS A  "STRETCH  LIMOUSINE"  OR  OTHER
MOTOR  CARRIER  DESIGNED  OR  MODIFIED  FOR PURPOSES OF HAVING A SEATING
CAPACITY OF NINE OR MORE PASSENGERS WHILE CARRYING ONE OR  MORE  PASSEN-
GERS OTHER THAN THE DRIVER, and the maximum fine provided herein for the
violation for which the person is sentenced may be increased by an addi-
tional  three  hundred  seventy-five  dollars if the conviction is for a
third or subsequent violation of any subdivision of this  section  where
all  such  violations  were committed within an eighteen month period OR
WHERE THE CONVICTION IS FOR A SECOND  OR  SUBSEQUENT  VIOLATION  OF  ANY
SUBDIVISION  OF  THIS  SECTION  IN  WHICH  THE OPERATOR WAS OPERATING AN
ALTERED MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH  LIMOUSINE"  OR
OTHER  MOTOR CARRIER DESIGNED OR MODIFIED FOR PURPOSES OF HAVING A SEAT-
ING CAPACITY OF NINE OR MORE  PASSENGERS  WHILE  CARRYING  ONE  OR  MORE
PASSENGERS  OTHER THAN THE DRIVER.  Where an additional fine is provided
by this paragraph, a sentence of imprisonment for not more  than  thirty
days may be imposed in place of or in addition to any fine imposed.
  §  4. This act shall take effect one year after it shall have become a
law; provided, however that if part III of chapter 59  of  the  laws  of
2019  shall  not  have taken effect on or before such date, then section
one of this act shall take effect on the  same  date  and  in  the  same
manner as such part of chapter 59 of the laws of 2019 takes effect.

Co-Sponsors

S6188A - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1161, 1800 & 1180, V & T L

S6188A - Summary

S6188A - Sponsor Memo

 
BILL NUMBER: S6188A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the punishment for certain traffic infractions committed by
an operator of a stretch limousine or other motor carrier designed or
modified for purposes of having a seating capacity of nine or more
passengers

 
PURPOSE:

To increase penalties for commercial passenger motor carriers which make
illegal u-turns, run red lights, or speed with a vehicle designed to
seat nine or more passengers including the driver.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law to expand the u-turn ban
created in the 2019 Adopted Budget to cover any commercial passenger
motor carrier with a seating capacity of nine or more passengers, and
increases the penalties for violating this ban to a penalty of no less

than $250 and/or 15 days' imprisonment for the first offense, with
increased penalties for operating the vehicle with passengers and addi-
tional penalties for multiple convictions within the past 18 months.

Section 2 increases the penalties for commercial passenger motor carrier
with a seating capacity of nine or more passengers which are convicted
for illegally running a red light.

Section 3 provides that commercial passenger motor carriers with a seat-
ing capacity of nine or more passengers which are convicted of speeding
are subject to the enhanced penalty scheme that currently applies to
repeat offenders.

 
JUSTIFICATION:

The Cutchogue tragedy - which resulted largely from a stretch limousine
committing an illegal u-turn - and subsequent special grand jury report
convened by Suffolk County highlighted the difficulty that employers
face in ensuring that large passenger motor vehicle operators comply
with the traffic laws. Grand jury witnesses testified that they provided
training and prohibited their employees from making u-turns, only to
have those proscriptions ignored.

This legislation increases the penalties for three of the most dangerous
of these moving violations - violations for which the State has even
authorized enforcement cameras to prevent - to provide increased finan-
cial or criminal consequences for committing these dangerous actions,
particularly when an operator has passengers in the vehicle while
violating these laws.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None for State.

 
EFFECTIVE PATE:

Generally one year after being signed into law.

S6188A - Bill Text download pdf


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

                                 6188--A
    Cal. No. 1086

                       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 the  punish-
  ment  for  certain  traffic  infractions committed by an operator of a
  stretch limousine or other motor  carrier  designed  or  modified  for
  purposes of having a seating capacity of nine or more passengers

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

  Section 1. Subdivision c of section 1161 of the  vehicle  and  traffic
law,  as  added  by  section 14 of part III of chapter 59 of the laws of
2019, is amended to read as follows:
  c. (I) No altered motor vehicle commonly referred  to  as  a  "stretch
limousine"  OR  OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR PURPOSES OF
having a seating capacity of [ten] NINE or more passengers including the
driver shall make a U-turn upon any public highway or private road  open
to public motor vehicle traffic.
  (II) A VIOLATION OF PARAGRAPH (I) OF THIS SUBDIVISION SHALL BE A TRAF-
FIC  INFRACTION, PUNISHABLE BY NO LESS THAN TWO HUNDRED FIFTY DOLLARS OR
BY IMPRISONMENT IN A PENITENTIARY OR  COUNTY  JAIL  FOR  NOT  MORE  THAN
FIFTEEN  DAYS,  OR  BY  BOTH SUCH FINE AND IMPRISONMENT. IF THE OPERATOR
VIOLATES PARAGRAPH (I) OF THIS SUBDIVISION WHILE CARRYING  ONE  OR  MORE
PASSENGERS  OTHER THAN THE DRIVER, SUCH VIOLATION SHALL BE PUNISHABLE BY
NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT IN A  PENITENTIARY
FOR  NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT. A
PERSON WHO OPERATES A VEHICLE IN VIOLATION  OF  PARAGRAPH  (I)  OF  THIS
SUBDIVISION  AFTER  HAVING  BEEN  CONVICTED OF ONE OR MORE VIOLATIONS OF
SUCH PARAGRAPH WITHIN THE PRECEDING EIGHTEEN MONTHS SHALL BE PUNISHED BY
A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN TWO THOU-

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

                      [ ] is old law to be omitted.
                                                           LBD11412-06-9

S. 6188--A                          2

SAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN  NINETY  DAYS,  OR  BY
BOTH SUCH FINE AND IMPRISONMENT.
  § 2. Paragraph 1 of subdivision (b) of section 1800 of the vehicle and
traffic  law,  as amended by chapter 574 of the laws of 2006, is amended
to read as follows:
  1. Every person convicted of a traffic infraction for a  violation  of
any  of  the provisions of this chapter or of any ordinance, order, rule
or regulation adopted pursuant to  section  sixteen  hundred  thirty  or
sixteen  hundred thirty-one of this chapter for which another penalty is
not provided shall for a first conviction thereof be punished by a  fine
of  not  more  than one hundred fifty dollars or by imprisonment for not
more than fifteen days or by both such  fine  and  imprisonment;  for  a
conviction  of a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by  a  fine  of
not more than three hundred dollars or by imprisonment for not more than
forty-five days or by both such fine and imprisonment; upon a conviction
of a third or subsequent violation, all of which were committed within a
period  of  eighteen  months, such person shall be punished by a fine of
not more than four hundred fifty dollars or by imprisonment for not more
than ninety days or by both such fine and imprisonment,  except  that  a
person  convicted  of  a traffic infraction for a violation of paragraph
one of subdivision (d) of section one thousand  one  hundred  eleven  of
this  chapter  outside  of  a city having a population of one million or
more shall, for a first conviction thereof, be punished by a fine of not
less than seventy-five dollars nor more  than  two  hundred  twenty-five
dollars  or  by  imprisonment  for not more than fifteen days or by both
such fine and imprisonment; for a conviction of a second violation, both
of which were committed within a period of eighteen months, such  person
shall  be  punished by a fine of not less than one hundred fifty dollars
nor more than three hundred seventy-five dollars or by imprisonment  for
not  more  than  forty-five  days or by both such fine and imprisonment;
upon a conviction of a third or subsequent violation, all of which  were
committed  within  a  period  of  eighteen  months, such person shall be
punished by a fine of not less than three hundred  seventy-five  dollars
nor  more  than  six hundred seventy-five dollars or by imprisonment for
not more than ninety days or by both such fine and  imprisonment  except
that  a person convicted for a violation of paragraph one of subdivision
(d) of section one thousand one hundred eleven of  this  chapter  shall,
for  a  first conviction thereof, be punished by a fine of not less than
one hundred fifty dollars nor more than four hundred fifty dollars or by
imprisonment for not more than fifteen days or by  both  such  fine  and
imprisonment; for a conviction of a second violation, both of which were
committed  within  a  period  of  eighteen  months, such person shall be
punished by a fine of not less than three hundred dollars nor more  than
seven  hundred fifty dollars or by imprisonment for not more than forty-
five days or by both such fine and imprisonment; upon a conviction of  a
third  or  subsequent  violation,  all  of which were committed within a
period of eighteen months, such person shall be punished by  a  fine  of
not  less  than  seven  hundred fifty dollars nor more than one thousand
five hundred dollars or by imprisonment for not more than ninety days or
by both such fine and imprisonment. PROVIDED, HOWEVER, THAT A  VIOLATION
OF  PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ONE THOUSAND ONE HUNDRED
ELEVEN OF THIS  CHAPTER  SHALL,  FOR  A  FIRST  CONVICTION  THEREOF,  BE
PUNISHED  BY  A  FINE  OF  NOT LESS THAN TWO HUNDRED FIFTY DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH  SUCH  FINE  AND
IMPRISONMENT  IF  THE  OPERATOR  IS  OPERATING  AN ALTERED MOTOR VEHICLE

S. 6188--A                          3

COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE"  OR  OTHER  MOTOR  CARRIER
DESIGNED  OR  MODIFIED FOR PURPOSES OF HAVING A SEATING CAPACITY OF NINE
OR MORE PASSENGERS INCLUDING THE DRIVER; PROVIDED FURTHER, HOWEVER, THAT
A  VIOLATION OF SUCH SUBDIVISION IF THE OPERATOR IS OPERATING AN ALTERED
MOTOR VEHICLE COMMONLY REFERRED TO AS A  "STRETCH  LIMOUSINE"  OR  OTHER
MOTOR  CARRIER  DESIGNED  OR  MODIFIED  FOR PURPOSES OF HAVING A SEATING
CAPACITY OF NINE OR MORE PASSENGERS WHILE CARRYING ONE OR  MORE  PASSEN-
GERS  OTHER  THAN  THE  DRIVER SHALL, FOR A FIRST CONVICTION THEREOF, BE
PUNISHED BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISON-
MENT FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH SUCH FINE  AND  IMPRISON-
MENT  AND  FOR  A  CONVICTION  OF A SECOND VIOLATION, BOTH OF WHICH WERE
COMMITTED WITHIN A PERIOD OF  EIGHTEEN  MONTHS,  AN  OPERATOR  SHALL  BE
PUNISHED  BY  A  FINE OF NOT LESS THAN ONE THOUSAND DOLLARS AND NOT MORE
THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT  MORE  THAN  NINETY
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT IF THE OPERATOR IS OPERATING
AN  ALTERED  MOTOR VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE"
OR OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR  PURPOSES  OF  HAVING  A
SEATING CAPACITY OF NINE OR MORE PASSENGERS INCLUDING THE DRIVER.
  § 3. Paragraph 5 of subdivision (h) of section 1180 of the vehicle and
traffic law, as amended by section 8 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
  5.  Notwithstanding  the foregoing provisions of this subdivision, the
maximum fine provided herein for the violation for which the  person  is
sentenced may be increased by an additional one hundred fifty dollars if
the  conviction  is  for  a  second violation of any subdivision of this
section where both violations were committed within  an  eighteen  month
period  OR WHERE THE CONVICTION IS FOR A FIRST VIOLATION OF ANY SUBDIVI-
SION OF THIS SECTION IN WHICH THE  OPERATOR  WAS  OPERATING  AN  ALTERED
MOTOR  VEHICLE  COMMONLY  REFERRED  TO AS A "STRETCH LIMOUSINE" OR OTHER
MOTOR CARRIER DESIGNED OR MODIFIED FOR  PURPOSES  OF  HAVING  A  SEATING
CAPACITY  OF  NINE OR MORE PASSENGERS WHILE CARRYING ONE OR MORE PASSEN-
GERS OTHER THAN THE DRIVER, and the maximum fine provided herein for the
violation for which the person is sentenced may be increased by an addi-
tional three hundred seventy-five dollars if the  conviction  is  for  a
third  or  subsequent violation of any subdivision of this section where
all such violations were committed within an eighteen  month  period  OR
WHERE  THE  CONVICTION  IS  FOR  A SECOND OR SUBSEQUENT VIOLATION OF ANY
SUBDIVISION OF THIS SECTION IN  WHICH  THE  OPERATOR  WAS  OPERATING  AN
ALTERED  MOTOR  VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" OR
OTHER MOTOR CARRIER DESIGNED OR MODIFIED FOR PURPOSES OF HAVING A  SEAT-
ING  CAPACITY  OF  NINE  OR  MORE  PASSENGERS WHILE CARRYING ONE OR MORE
PASSENGERS OTHER THAN THE DRIVER.  Where an additional fine is  provided
by  this  paragraph, a sentence of imprisonment for not more than thirty
days may be imposed in place of or in addition to any fine imposed.
  § 4. This act shall take effect one year after it shall have become  a
law;  provided,  however  that  if part III of chapter 59 of the laws of
2019 shall not have taken effect on or before such  date,  then  section
one  of  this  act  shall  take  effect on the same date and in the same
manner as such part of chapter 59 of the laws of 2019 takes effect.

Co-Sponsors

S6188B (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1161, 1800 & 1180, V & T L

S6188B (ACTIVE) - Summary

S6188B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6188B

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to penalties
for U-turn violations committed by operators of stretch limousines

 
PURPOSE:

To increase penalties for stretch limousines which make illegal u-turns.

 
SUMMARY OF PROVISIONS:

Section 1 amends the vehicle and traffic law to expand the u-turn ban
created in the 2019 Adopted Budget to cover any stretch limousine with a
seating capacity of nine or more passengers, and increases the penalties
for violating this ban to a penalty of no less than $250 and/or 15 days'
imprisonment for the first offense, no less than $600 and/or 45 days'
imprisonment for a second offense within 18 months, and a $750-$1000
fine and/or 180 days' imprisonment for operators who are carrying at

least one passenger while violating the u-turn ban.

Section 2 is the effective date.

 
JUSTIFICATION:

The Cutchogue tragedy - which resulted largely from a stretch limousine
committing an illegal u-turn - and subsequent special grand jury report
convened by Suffolk County highlighted the difficulty that employers
face in ensuring that stretch limousine operators comply with the traf-
fic laws. Grand jury witnesses testified that they provided training and
prohibited their employees from making u-turns, only to have those
proscriptions ignored.

This legislation increases the penalties to provide increased financial
or criminal consequences for committing these dangerous actions, partic-
ularly when an operator has passengers in the vehicle while violating
these laws.

 
LEGISLATIVE HISTORY:

2019: Similar bill S.6188-A passed Senate without objection.

 
FISCAL IMPLICATIONS:

None for State.

 
EFFECTIVE PATE:

Generally one year after being signed into law.

S6188B (ACTIVE) - Bill Text download pdf


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

                                 6188--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced by Sens. GAUGHRAN, CARLUCCI, KAPLAN, 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 Transporta-
  tion 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 penalties
  for U-turn violations committed by operators of stretch limousines

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

  Section  1.  Subdivision  c of section 1161 of the vehicle and traffic
law, as added by section 14 of part III of chapter 59  of  the  laws  of
2019, is amended to read as follows:
  c.  No altered motor vehicle commonly referred to as a "stretch limou-
sine" having a seating capacity of [ten] NINE or more passengers includ-
ing the driver shall make a U-turn upon any public  highway  or  private
road  open  to public motor vehicle traffic. EVERY PERSON CONVICTED OF A
VIOLATION OF THIS SUBDIVISION SHALL: FOR A FIRST CONVICTION THEREOF,  BE
PUNISHED  BY  A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE
THAN FOUR HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE  THAN  FIFTEEN
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND
OR SUBSEQUENT VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN  MONTHS,  SUCH  PERSON  SHALL BE PUNISHED BY A FINE OF NOT LESS
THAN SIX HUNDRED DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH SUCH FINE  AND
IMPRISONMENT.  A  VIOLATION  OF THIS SUBDIVISION WHEREIN THE VIOLATOR IS
OPERATING SUCH ALTERED MOTOR VEHICLE AND SUCH ALTERED MOTOR  VEHICLE  IS
CARRYING  AT LEAST ONE PASSENGER OTHER THAN THE DRIVER SHALL BE PUNISHA-

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

                                                           LBD11412-17-9

S. 6188--B                          2

BLE BY A FINE OF NOT LESS THAN SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN
ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE  THAN  ONE  HUNDRED
EIGHTY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
  §  2. This act shall take effect one year after it shall have become a
law; provided, however that if part III of chapter 59  of  the  laws  of
2019  shall  not  have taken effect on or before such date, then section
one of this act shall take effect on the  same  date  and  in  the  same
manner as such part of chapter 59 of the laws of 2019 takes effect.

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The New York State Senate

senate Bill S6188

Sponsored By

Archive: Last Bill Status Via A8172 - Signed by Governor

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Votes

Jan 14, 2020 - floor Vote

Floor Vote: Jan 14, 2020

Jan 13, 2020 - Rules committee Vote

Committee Vote: Jan 13, 2020

Jan 13, 2020 - Transportation committee Vote

Committee Vote: Jan 13, 2020

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Transportation Committee Vote: May 30, 2019

Bill Amendments

S6188 - Details

S6188 - Summary

S6188 - Sponsor Memo

S6188 - Bill Text download pdf

Co-Sponsors

S6188A - Details

S6188A - Summary

S6188A - Sponsor Memo

S6188A - Bill Text download pdf

Co-Sponsors

S6188B (ACTIVE) - Details

S6188B (ACTIVE) - Summary

S6188B (ACTIVE) - Sponsor Memo

S6188B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6188

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Sponsored By

Archive: Last Bill Status Via A8172 - Signed by Governor

Your Voice

Actions

Votes

Jan 14, 2020 - floor Vote

Floor Vote: Jan 14, 2020

Jan 13, 2020 - Rules committee Vote

Committee Vote: Jan 13, 2020

Jan 13, 2020 - Transportation committee Vote

Committee Vote: Jan 13, 2020

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Transportation Committee Vote: May 30, 2019

Bill Amendments

S6188 - Details

S6188 - Summary

S6188 - Sponsor Memo

S6188 - Bill Text download pdf

Co-Sponsors

S6188A - Details

S6188A - Summary

S6188A - Sponsor Memo

S6188A - Bill Text download pdf

Co-Sponsors

S6188B (ACTIVE) - Details

S6188B (ACTIVE) - Summary

S6188B (ACTIVE) - Sponsor Memo

S6188B (ACTIVE) - Bill Text download pdf

Comments