Assembly Bill A1838A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1838--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of A. KIM, EACHUS, SIMON, BENDETT, DeSTEFANO -- read
   once and referred to the  Committee  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 the display-
   ing  of  charter  bus driver qualifications while they are on duty and
   the review of charter bus driver files
 
   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. PASSENGER MOTOR CARRIER INFORMATION. (A) THE COMMISSIONER OF
 TRANSPORTATION, IN CONSULTATION WITH THE COMMISSIONER,  SHALL  ESTABLISH
 REQUIREMENTS  FOR  MOTOR CARRIERS REQUIRED TO OBTAIN APPROVAL TO OPERATE
 IN THIS STATE AS A CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE  FROM
 THE COMMISSIONER OF TRANSPORTATION FOR PURPOSES OF ESTABLISHING CONSPIC-
 UOUS  DISPLAY  OF VALID OPERATING AUTHORITY, INSPECTION INFORMATION, AND
 DRIVER QUALIFICATIONS AT LOCATIONS WHERE  SUCH  MOTOR  CARRIERS  PERFORM
 CONTRACT  CARRIER SERVICES WITH CHARTER BUSES AND WITHIN ANY CHARTER BUS
 USED TO PROVIDE SUCH SERVICES.
   (B) FOR THE PURPOSES OF THIS SECTION: (I) "CHARTER BUS" SHALL  MEAN  A
 BUS  TRANSPORTING PASSENGERS FOR COMPENSATION IN A 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;
 AND  (III)  "CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE" SHALL HAVE
 THE SAME MEANING AS SUCH TERM IS DEFINED BY SUBDIVISION NINE OF  SECTION
 TWO OF THE TRANSPORTATION LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05605-02-3
 A. 1838--A                          2
              

 
   § 2. Subdivision 1 of section 509-m of the vehicle and traffic law, as
 amended  by  chapter  12  of  the  laws  of  2020, is amended to read as
 follows:
   1.  At  least  once  every three years, review the bus driver files of
 each motor carrier, provided, however, that the commissioner may  review
 such  bus  driver  files  at  [his] THE COMMISSIONER'S discretion at any
 other time during regular business hours. Provided,  however,  that  the
 commissioner shall review at least annually the bus driver files of each
 driver employed by a motor carrier who operates an altered motor vehicle
 commonly  referred to as a "stretch limousine" designed to carry nine or
 more passengers including the driver  pursuant  to  operating  authority
 issued  by  the  commissioner  of  transportation OR EMPLOYED BY A MOTOR
 CARRIER WHO OPERATES A CHARTER BUS AS  DEFINED  BY  SUBDIVISION  (B)  OF
 SECTION  FIVE  HUNDRED  NINE-DD  OF  THIS  ARTICLE PURSUANT TO OPERATING
 AUTHORITY ISSUED BY THE COMMISSIONER  OF  TRANSPORTATION,  and  annually
 verify whether each such driver holds a valid driver's license valid for
 the  operation  of  such  altered  motor vehicle OR SUCH CHARTER BUS, AS
 APPLICABLE.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which 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.