NY State Senate Bill S1443

Current Bill Status - Passed Senate

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

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2023	referred to transportation delivered to assembly passed senate
Jan 23, 2023	advanced to third reading
Jan 18, 2023	2nd report cal.
Jan 17, 2023	amended 1443a
Jan 17, 2023	1st report cal.146
Jan 12, 2023	referred to transportation

Votes

view votes

Jan 31, 2023 - floor Vote

S1443A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 17, 2023 - Transportation committee Vote

S1443

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S1443 - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

S1443 - Summary

Provides that a stretch limousine shall not be operated if it is more than ten years old or has more than 350,000 miles on the odometer, whichever occurs first; permits exceptions by the commissioner; provides for imputed odometer calculation in certain circumstances.

S1443 - Sponsor Memo

 
BILL NUMBER: S1443

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to stretch
limousine age and mileage parameters

 
PURPOSE:

Establishes new regulations for stretch limousine age and mileage param-
eters to ensure stretch limousine upkeep and safety.

 
SUMMARY OF PROVISIONS:

This legislation establishes new regulations for stretch limousine age
and mileage parameters so that any stretch limousine that is either over
10 years old or has a cumulative mileage over 350,000 miles will be aged
out, with certain exceptions. In accordance with the existing statutory
definition, stretch limousines are defined as altered motor vehicles
having a seating capacity of 9 or more, including the driver, that are
used in the business of transporting passengers for compensation. The

bill excludes historical motor vehicles and exhibition or collector
vehicles, not used for the business of transporting passengers, from the
definition of stretch limousine, and empowers regulators to provide
additional exemptions based on a proven safety record and certain manu-
facturing specifications.  The legislation also establishes a process
for calculating mileage for vehicles where odometer reliability appears
to be inaccurate.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

The legislation implements this recommendation from the Stretch Limou-
sine Passenger Safety Task Force, which was established in Chapter 3 of
the Laws of 2020 to study a host of safety improvements for stretch
limousines. The Task Force was created in the wake of deadly crashes in
Schoharie and Cutchogue, NY.

Stretch limousines are the vehicle of choice for celebratory occasions,
from family events, to birthdays, to weddings, to the annual ritual of
prom. But they also present unique challenges that implicate the safety
of drivers and passengers alike.

As with any area where multiple state agencies must collaborate, period-
ic review of inter-agency and external communication is critical to
ensure passenger safety. By adding age and mileage restrictions on
stretch limousines based on the Task Force's recommendations and similar
steps undertaken by regulators in other states, passengers will be
better protected from poorly or under maintained vehicles.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
This act shall take effect two years 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 effec-
tive date.

S1443 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1443
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  stretch
   limousine age and mileage parameters
 
   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 55 to read as follows:
   55.  STRETCH  LIMOUSINE  AGE  AND  MILEAGE PARAMETERS. (A) IT SHALL BE
 UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH  LIMOUSINE  REGIS-
 TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
 MOTOR  VEHICLE  TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
 CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S  ODOMETER  EXCEEDS  THREE
 HUNDRED FIFTY THOUSAND MILES.
   (B) 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.
   (II) "STRETCH LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR  VEHICLE  OR
 ANY  OTHER  MOTOR  VEHICLE  WHICH IS OWNED AND OPERATED AS AN EXHIBITION
 PIECE OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB  ACTIV-
 ITIES,  EXHIBITS,  TOURS, PARADES, OCCASIONAL TRANSPORTATION AND SIMILAR
 USES, BUT NOT USED  IN  THE  BUSINESS  OF  TRANSPORTING  PASSENGERS  FOR
 COMPENSATION.
   (C)  AFTER  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION, THE
 COMMISSIONER MAY PROVIDE FOR EXCEPTIONS TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION  FOR  STRETCH  LIMOUSINES  THAT  WERE MANUFACTURED OR MODIFIED BY
 COACHBUILDERS AND WARRANTIED IN ACCORDANCE WITH THE CMC OR  QVM  PROCESS
 OR  OTHER COMPARABLE CERTIFICATION STANDARDS, OR BASED UPON DEMONSTRATED
 SAFETY RECORD HISTORY OF COMPLIANCE  WITH  ARTICLE  NINETEEN-A  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01843-01-3

 S. 1443                             2
 
 TITLE  AND  ABSENCE  OF OUT-OF-SERVICE "B" OR "C" DEFECTS PURSUANT TO 17
 NYCRR 720.11.
   (D) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
 THE  NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
 HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
 AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE  AN  INACCURATE
 ODOMETER  READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
 IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
 THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH. A MOTOR CARRIER MAY  SEEK  REVIEW  OF  THE  DETERMINATION  TO
 ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
 PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
   (II)  THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
 THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH  LIMOUSINE
 INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
 ER  OF  TRANSPORTATION  OR  DIVISION  OF STATE POLICE, WHICHEVER IS MORE
 RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
 ED MONTHLY MILEAGE.
   (III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
 A STRETCH LIMOUSINE MAY NOT BE INTRODUCED TO  TRANSPORT  PASSENGERS  FOR
 COMPENSATION  OR  CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION IF A
 RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
   (IV) A MOTOR CARRIER OR OPERATOR WHO KNOWS OR HAS  REASON  TO  BELIEVE
 THAT  THE  ODOMETER  READING  OF  A LIMOUSINE DIFFERS FROM THE NUMBER OF
 MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED  SHALL  DISCLOSE  THAT
 STATUS  TO  THE  COMMISSIONER  OR THE DEPARTMENT OF TRANSPORTATION IMME-
 DIATELY.
   § 2. This act shall take effect two years 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.

Co-Sponsors

S1443A (ACTIVE) - Details

Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

S1443A (ACTIVE) - Summary

S1443A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1443A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to stretch
limousine age and mileage parameters

 
PURPOSE:

Establishes new regulations for stretch limousine age and mileage param-
eters to ensure stretch limousine upkeep and safety

 
SUMMARY OF PROVISIONS:

This legislation establishes new regulations for stretch limousine age
and mileage parameters so that any stretch limousine is either over 10
years old or has a cumulative mileage over 350,000 miles, whichever
occurs first. In accordance with the existing statutory definition,
stretch limousines are defined as altered motor vehicles having a seat-
ing capacity of 9 or more, including the driver, that are used in the
business of transporting passengers for compensation.  The bill excludes

historical motor vehicles and exhibition or collector vehicles, not used
for the business of transporting passengers, from the definition of
stretch limousine, and empowers regulators to provide additional
exemptions based on a proven safety record.

If a reliable baseline odometer reading cannot be determined a stretch
limousine cannot be used for transporting passengers for compensation.
Should an operator know or have reason to know the odometer reading of
limousines differ from the actual miles traveled the operator must
disclose that to the commissioner and department of transportation imme-
diately.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

The legislation implements this recommendation from the Stretch Limou-
sine Passenger Safety Task Force established in Chapter 3 of the Laws of
2020, to study a host of safety improvements for stretch limousines. The
task force was created in the wake of deadly crashes in Schoharie and
Cutchogue, NY.

Stretch limousines are the vehicle of choice for celebratory occasions,
from family events, to birthdays, to weddings, to the annual ritual of
prom. But they also present unique challenges that implicate the safety
of drivers and passengers alike.

As with any area where multiple state agencies must collaborate, period-
ic review of inter-agency and external communication is critical to
ensure passenger safety. By adding age and mileage restrictions on
stretch limousines based on the Task Force's recommendations and similar
steps undertaken by regulators in other states, passengers will be
better protected from poorly or under maintained vehicles.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect two years 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 effec-
tive date.

S1443A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1443--A
     Cal. No. 146
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  stretch
   limousine age and mileage parameters
 
   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 55 to read as follows:
   55.  STRETCH  LIMOUSINE  AGE  AND  MILEAGE PARAMETERS. (A) IT SHALL BE
 UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH  LIMOUSINE  REGIS-
 TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
 MOTOR  VEHICLE  TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
 CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S  ODOMETER  EXCEEDS  THREE
 HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
   (B) 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.
   (II) "STRETCH LIMOUSINE" SHALL EXCLUDE A HISTORICAL MOTOR  VEHICLE  OR
 ANY  OTHER  MOTOR  VEHICLE  WHICH IS OWNED AND OPERATED AS AN EXHIBITION
 PIECE OR COLLECTOR'S ITEM, AND IS USED FOR PARTICIPATION IN CLUB  ACTIV-
 ITIES,  EXHIBITS,  TOURS, PARADES, OCCASIONAL TRANSPORTATION AND SIMILAR
 USES, BUT NOT USED  IN  THE  BUSINESS  OF  TRANSPORTING  PASSENGERS  FOR
 COMPENSATION.
   (C)  AFTER  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION, THE
 COMMISSIONER MAY PROVIDE FOR EXCEPTIONS TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION  FOR  STRETCH  LIMOUSINES  THAT  WERE MANUFACTURED OR MODIFIED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01843-03-3
 S. 1443--A                          2
 
 COACHBUILDERS AND WARRANTIED IN ACCORDANCE WITH THE CMC OR  QVM  PROCESS
 OR  OTHER COMPARABLE CERTIFICATION STANDARDS, OR BASED UPON DEMONSTRATED
 SAFETY RECORD HISTORY OF COMPLIANCE  WITH  ARTICLE  NINETEEN-A  OF  THIS
 TITLE  AND  ABSENCE  OF  OUT-OF-SERVICE "A" DEFECTS PURSUANT TO 17 NYCRR
 720.11.
   (D) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
 THE NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR  THAT
 HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
 AN  ODOMETER  OR WHICH APPEARS TO THE COMMISSIONER TO HAVE AN INACCURATE
 ODOMETER READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED  AN
 IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
 THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH.  A  MOTOR  CARRIER  MAY  SEEK  REVIEW OF THE DETERMINATION TO
 ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
 PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
   (II) THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE  OF
 THE  STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH LIMOUSINE
 INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
 ER OF TRANSPORTATION OR DIVISION OF  STATE  POLICE,  WHICHEVER  IS  MORE
 RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
 ED MONTHLY MILEAGE.
   (III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
 A  STRETCH  LIMOUSINE  MAY NOT BE INTRODUCED TO TRANSPORT PASSENGERS FOR
 COMPENSATION OR CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION  IF  A
 RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
   (IV)  A  MOTOR  CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
 THAT THE ODOMETER READING OF A LIMOUSINE  DIFFERS  FROM  THE  NUMBER  OF
 MILES  THE  STRETCH  LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
 STATUS TO THE COMMISSIONER OR THE  DEPARTMENT  OF  TRANSPORTATION  IMME-
 DIATELY.
   § 2. This act shall take effect two years 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.

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The New York State Senate

senate Bill S1443

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 31, 2023 - floor Vote

Floor Vote: Jan 31, 2023

Jan 17, 2023 - Transportation committee Vote

Transportation Committee Vote: Jan 17, 2023

Bill Amendments

S1443 - Details

S1443 - Summary

S1443 - Sponsor Memo

S1443 - Bill Text download pdf

Co-Sponsors

S1443A (ACTIVE) - Details

S1443A (ACTIVE) - Summary

S1443A (ACTIVE) - Sponsor Memo

S1443A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1443

Share this bill

Sponsored By

Michelle Hinchey

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 31, 2023 - floor Vote

Floor Vote: Jan 31, 2023

Jan 17, 2023 - Transportation committee Vote

Transportation Committee Vote: Jan 17, 2023

Bill Amendments

S1443 - Details

S1443 - Summary

S1443 - Sponsor Memo

S1443 - Bill Text download pdf

Co-Sponsors

Timothy M. Kennedy

Monica R. Martinez

S1443A (ACTIVE) - Details

S1443A (ACTIVE) - Summary

S1443A (ACTIVE) - Sponsor Memo

S1443A (ACTIVE) - Bill Text download pdf

Comments