The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4950--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Transportation -- 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
   every charter bus registered in this state be equipped with 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.  Subdivision  54 of section 375 of the vehicle and traffic
 law, as added by chapter 11 of the laws of 2020, is amended to  read  as
 follows:
   54.  Stretch  limousine  AND  CHARTER  BUS  commercial  GPS. (a) Every
 stretch limousine AND CHARTER BUS registered  in  this  state  shall  be
 equipped  with  commercial  global  positioning  system (GPS) technology
 within no later than one year of the date upon which the national  high-
 way  traffic  safety administration promulgates final regulations estab-
 lishing standards for commercial GPS.
   (b) It shall be unlawful to operate or cause to be operated a  stretch
 limousine  OR CHARTER BUS registered in this state on any public highway
 or private road open to public motor vehicle traffic unless such stretch
 limousine OR CHARTER BUS is equipped with commercial global  positioning
 system (GPS) technology as required by this subdivision and such commer-
 cial global positioning system (GPS) technology is used. The presence in
 such  stretch  limousine OR CHARTER BUS 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 OR CHARTER BUS. 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.
   (c) For the purposes of this subdivision:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09003-06-1

 A. 4950--A                          2
 
   (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)  "CHARTER  BUS"  SHALL  MEAN  A  BUS  TRANSPORTING PASSENGERS FOR
 COMPENSATION IN A CHARTERED PARTY;
   (III) "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;
 AND
   [(ii)]  (IV)  "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.
   § 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 on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, 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 competent  jurisdiction  finally  determines  that
 this  act would render New York state out of compliance with federal law
 or regulation; provided, further, that the commissioner  of  transporta-
 tion  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.