The New York State Senate

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

                                 6191--A
    Cal. No. 1089

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced by Sens. KENNEDY, BRESLIN, GAUGHRAN -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- 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 transportation law and the vehicle and traffic  law,
  in  relation  to  safety requirements for certain motor vehicles which
  transport nine or more passengers

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

  Section  1. The opening paragraph of item (b) of subparagraph (iii) of
paragraph c of subdivision 2 of section 140 of the  transportation  law,
as  amended  by section 1 of part III of chapter 59 of the laws of 2019,
is amended and a new subdivision 5-a is added to read as follows:
  Any person, corporation, company,  association,  joint  stock  associ-
ation, partnership, person or any officer or agent thereof, found guilty
of violating any of the department's safety rules or regulations involv-
ing  an out-of-service defect relating to brake systems, steering compo-
nents and/or coupling devices OR ANY REQUIREMENT PURSUANT TO SUBDIVISION
FIVE-A OF THIS SECTION shall be subject to a fine of not less than  five
hundred dollars nor more than one thousand two hundred fifty dollars for
the first offense, and upon being found guilty of a second or subsequent
offense  committed within eighteen months by a fine of not less than one
thousand two hundred fifty dollars nor more than three thousand dollars,
or by imprisonment for not more than sixty days or by both such fine and
imprisonment; provided, however, that if any such  person,  corporation,
company,  association,  joint  stock association, partnership, person or
any officer or agent thereof is  operating  a  farm  vehicle  registered
pursuant  to  subdivision  thirteen  of  section four hundred one of the
vehicle and traffic law in conformance with the terms of such  registra-
tion,  and if the violation as set forth in the summons is corrected not

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

                      [ ] is old law to be omitted.
                                                           LBD11415-03-9

S. 6191--A                          2

later than one-half hour after sunset on the  third  full  business  day
after  the  issuance  of the summons and proof of such correction as set
forth in item (b) of subparagraph (iv) of this paragraph is submitted to
the  court,  the  penalty  for a first violation involving brake systems
shall be a fine of two hundred fifty dollars, the penalty  for  a  first
violation involving steering components and/or coupling devices shall be
a  fine  of  two  hundred  dollars and the penalty for a first violation
involving any other out-of-service defect shall be a fine of one hundred
fifty dollars. A motor vehicle shall be deemed to be out-of-service only
until such time as the applicable out-of-service defect is  repaired  or
adjusted.
  5-A. A. ALL ALTERED MOTOR VEHICLES WHICH ARE REQUIRED TO HAVE A FEDER-
AL  MOTOR VEHICLE SAFETY STANDARD CERTIFICATION LABEL IN ACCORDANCE WITH
49 USC 30115 AND 49 CFR 567 AND REGULATED  BY  THE  COMMISSIONER,  WHICH
HAVE THE CAPACITY TO TRANSPORT NINE OR MORE PASSENGERS FOR COMPENSATION,
INCLUDING THE OPERATOR, SHALL BE EQUIPPED WITH A SAFETY BELT APPROVED BY
THE COMMISSIONER FOR THE REAR SEAT FOR EACH PASSENGER FOR WHICH THE REAR
SEAT OF SUCH VEHICLE WAS DESIGNED OR MODIFIED NO LATER THAN THE FIRST OF
MAY, TWO THOUSAND TWENTY-ONE.
  B.  NO SUCH MOTOR VEHICLE SHALL BE AUTHORIZED TO OPERATE IN THIS STATE
UNLESS SUCH MOTOR VEHICLE IS EQUIPPED WITH SAFETY BELT  ASSEMBLY  ANCHO-
RAGES  CONFORMING  TO STANDARDS ESTABLISHED BY THE COMMISSIONER FOR EACH
SAFETY BELT REQUIRED IN SUCH MOTOR VEHICLE.
  C. ALL SUCH MOTOR VEHICLES SHALL ADDITIONALLY BE EQUIPPED  WITH  ROLL-
OVER PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS
FOR  THE  PURPOSE OF PROTECTING REAR COMPARTMENT PASSENGERS, WHICH SHALL
CONFORM TO STANDARDS ESTABLISHED BY THE COMMISSIONER AND BE INCLUDED  IN
THE  DEPARTMENT'S  SAFETY  INSPECTION PROGRAM NO LATER THAN THE FIRST OF
MAY, TWO THOUSAND TWENTY-TWO. ANY SUCH MOTOR VEHICLE THAT IS MODIFIED TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH SHALL PASS THE DEPARTMENT'S
SAFETY INSPECTION AFTER THE INSTALLATION  OF  SUCH  ROLLOVER  PROTECTION
DEVICES AND PRIOR TO OPERATING ON ANY ROADWAY.
  D. (I) ALL SUCH MOTOR VEHICLES MODIFIED OR EXTENDED AFTER THE FIRST OF
JANUARY,  TWO  THOUSAND TWENTY, FOR PURPOSE OF INCREASING VEHICLE LENGTH
IN AN AMOUNT SUFFICIENT TO ACCOMMODATE ADDITIONAL PASSENGERS,  SHALL  BE
EQUIPPED WITH THE FOLLOWING ACCESSIBLE TO ALL PASSENGERS:
  (A) A MINIMUM OF TWO REAR DOORS; AND
  (B) A MINIMUM OF TWO REAR-PUSH OUT WINDOWS WHERE AT LEAST ONE PUSH-OUT
WINDOW  SHALL BE LOCATED ON EACH SIDE OF THE VEHICLE, PROVIDED, HOWEVER,
IF THE DESIGN OF THE ALTERED MOTOR VEHICLE PRECLUDES THE INSTALLATION OF
A PUSH-OUT WINDOW ON ONE SIDE OF THE VEHICLE, THE SECOND PUSH-OUT WINDOW
SHALL INSTEAD BE LOCATED IN THE ROOF OF THE VEHICLE, PROVIDED,  FURTHER,
IF  THE  DESIGN  OF  SUCH  MOTOR VEHICLE PRECLUDES THE INSTALLATION OF A
PUSH-OUT WINDOW ON EITHER SIDE OF THE VEHICLE, ONE PUSH-OUT WINDOW SHALL
INSTEAD BE LOCATED IN THE ROOF OF SUCH VEHICLE.
  (II) SUCH DOORS AND WINDOWS AS REQUIRED PURSUANT TO  SUBPARAGRAPH  (I)
OF  THIS  PARAGRAPH  SHALL  BE INSTALLED SUCH THAT THE PASSENGERS OF THE
VEHICLE CAN OPEN SUCH DOORS OR WINDOWS FROM THE INSIDE OF THE VEHICLE IN
CASE OF ANY EMERGENCY THAT REQUIRES THE IMMEDIATE EXIT OF THE  OCCUPANTS
OF THE VEHICLE.
  (III)  THE  COMMISSIONER  SHALL ESTABLISH, BY REGULATION, STANDARDS TO
ENSURE WINDOW EXITS ARE OPERABLE AND SUFFICIENT IN EMERGENCY  SITUATIONS
FOR  ALTERED  MOTOR VEHICLE PASSENGERS. THE DEPARTMENT SHALL ENSURE THAT
SUCH REGULATIONS COMPLY WITH ANY APPLICABLE FEDERAL MOTOR VEHICLE SAFETY
STANDARDS.

S. 6191--A                          3

  E. THIS SUBDIVISION SHALL NOT APPLY TO MOTOR VEHICLES REGULATED BY THE
COMMISSIONER THAT ARE USED IN THE BUSINESS OF TRANSPORTING SCHOOL  CHIL-
DREN  FOR  HIRE OR USED FOR THE TRANSPORTATION OF SCHOOL CHILDREN, OWNED
AND/OR OPERATED BY SCHOOL DISTRICTS OR BY ANY PUBLIC OR PRIVATE  SCHOOL,
OR TO MOTOR VEHICLES OWNED AND/OR OPERATED BY CHILDREN'S CAMPS OPERATING
PURSUANT  TO  SECTION  THIRTEEN HUNDRED NINETY-FOUR OF THE PUBLIC HEALTH
LAW.
  § 2. Subdivision 51 of section 375 of the vehicle and traffic law,  as
added by chapter 495 of the laws of 2003, is amended to read as follows:
  51.  Taxicab  [and],  livery  AND STRETCH LIMOUSINE notices. (a) Every
taxicab [and], livery, AND ALTERED MOTOR VEHICLE WHICH WAS ALTERED ON OR
AFTER MAY FIRST, TWO THOUSAND TWENTY-ONE,  COMMONLY  REFERRED  TO  AS  A
"STRETCH  LIMOUSINE", registered in this state shall have posted therein
the following notice: "Seatbelts must be available for your use.  Please
buckle up."
  (b)  The  notices  required  to be posted pursuant to paragraph (a) of
this subdivision shall be posted in a manner legible and conspicuous  to
passengers in all seating positions of such vehicles.
  § 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law. Effective immediately, the departments of
motor vehicles and transportation, in consultation with other  agencies,
are authorized to promulgate such rules and regulations as are necessary
for the implementation of this act on or before such effective date.