Bill Text: NY A05774 | 2019-2020 | General Assembly | Amended


Bill Title: Provides that every motor carrier shall furnish the department of motor vehicles a list of each altered motor vehicle commonly referred to as a "stretch limousine" designed to carry 10 or more passengers; requires the commissioner of motor vehicles to annually review the bus driver files of each driver employed by a motor vehicle carrier who operates such stretch limousine; makes related provisions.

Spectrum: Strong Partisan Bill (Democrat 21-2)

Status: (Engrossed) 2020-01-21 - enacting clause stricken [A05774 Detail]

Download: New_York-2019-A05774-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5774--B
                                                                Cal. No. 219

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2019
                                       ___________

        Introduced by M. of A. SANTABARBARA, LUPARDO, SEAWRIGHT, ROMEO, BRONSON,
          CRESPO,  TAYLOR,  JOYNER,  DE LA ROSA, DAVILA, ARROYO, DICKENS, GALEF,
          O'DONNELL, GUNTHER, WRIGHT, WALKER, GRIFFIN, STECK, FAHY, CRUZ, ASHBY,
          TAGUE -- read once and referred to the Committee on Transportation  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- ordered to a third  reading,  amended
          and ordered reprinted, retaining its place on the order of third read-
          ing

        AN  ACT to amend the vehicle and traffic law and the transportation law,
          in relation to motor carriers of stretch limousines

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 509-d of the vehicle and traffic law is amended by
     2  adding a new subdivision 5-a to read as follows:
     3    (5-a) Every motor carrier shall furnish the department,  beginning  no
     4  later  than July first, two thousand twenty-one and annually thereafter,
     5  a list of each altered motor vehicle commonly referred to as a  "stretch
     6  limousine", if any, designed to carry ten or more passengers in addition
     7  to  the  driver  that  such motor carrier operates pursuant to operating
     8  authority issued by the commissioner of  transportation,  including  the
     9  vehicle  identification  number  and  registration  number  of each such
    10  altered motor vehicle, and a list of  all  drivers  such  motor  carrier
    11  employs who drive such altered motor vehicles and whether such driver is
    12  qualified or has been disqualified to operate such altered motor vehicle
    13  pursuant to this article.
    14    § 2. Subdivision 1 of section 509-m of the vehicle and traffic law, as
    15  added by chapter 675 of the laws of 1985, is amended to read as follows:
    16    1.  At  least  once  every three years, review the bus driver files of
    17  each motor carrier, provided, however, that the commissioner may  review
    18  such bus driver files at his discretion at any other time during regular
    19  business  hours.   Provided, however, that the commissioner shall review

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05406-04-9

        A. 5774--B                          2

     1  at least annually the bus driver files of  each  driver  employed  by  a
     2  motor carrier who operates an altered motor vehicle commonly referred to
     3  as  a  "stretch  limousine"  designed to carry ten or more passengers in
     4  addition  to  the  driver  pursuant to operating authority issued by the
     5  commissioner of transportation, and annually verify  whether  each  such
     6  driver  holds  a  valid driver's license valid for the operation of such
     7  altered motor vehicle.
     8    § 3. Section 509-m of the vehicle and traffic law is amended by adding
     9  a new subdivision 8 to read as follows:
    10    8. Maintain and annually update its  website  to  provide  information
    11  with  regard  to each motor carrier that operates altered motor vehicles
    12  commonly referred to as "stretch limousines" designed to  carry  ten  or
    13  more passengers in addition to the driver pursuant to operating authori-
    14  ty  issued by the commissioner of transportation that includes the motor
    15  carrier's name, location and region  of  operation  including  place  of
    16  address,  whether  such motor carrier is in compliance with this article
    17  as required by section five hundred nine-j of this article  in  relation
    18  to  the  operation of such altered motor vehicles, the number and nature
    19  of violations of this article resulting in  convictions  of  such  motor
    20  carrier in relation to the operation of such altered motor vehicles, the
    21  number of miles traveled by such altered motor vehicles operated by such
    22  motor carrier in the preceding twelve months, and, with respect to driv-
    23  ers  employed  by  such motor carrier operating such altered motor vehi-
    24  cles, the total number so employed, the number  holding  valid  licenses
    25  which  are  valid  for the operation of such altered motor vehicles, the
    26  number which lack licenses valid for such operation, the number disqual-
    27  ified  from  operating  such  altered  motor  vehicles,  the  number  of
    28  convictions  and  accidents  involving  any such driver employed by such
    29  motor carrier during the preceding twelve  months,  and  the  number  of
    30  convictions  and  accidents per ten thousand miles traveled. The commis-
    31  sioner shall provide comparable data  on  such  altered  motor  vehicles
    32  designed  to  carry  nine or more passengers including the driver to the
    33  extent such information is maintained or made available to  the  depart-
    34  ment.
    35    §  4. Subdivision 9 of section 138 of the transportation law, as added
    36  by section 16 of part III of chapter 59 of the laws of 2019, is  amended
    37  to read as follows:
    38    9.  To maintain and annually update its website to provide information
    39  with regard to each bus operator or motor  carrier  under  subparagraphs
    40  (ii)  and  (vi) of paragraph a of subdivision two of section one hundred
    41  forty of this [chapter] article requiring department operating authority
    42  that includes the bus operator's or  motor  carrier's  name,  number  of
    43  inspections,  number  of  out of service orders, operator identification
    44  number, location and region of operation  including  place  of  address,
    45  percentile  to which [a] an operator or motor carrier falls with respect
    46  to out of service defects, the number or percentage of  out  of  service
    47  defects  where  pursuant to the commissioner's regulations no inspection
    48  certificate shall be issued until the defect is repaired  and  a  re-in-
    49  spection  is  conducted,  and  the  number of serious physical injury or
    50  fatal crashes involving a for-hire vehicle requiring operating authority
    51  pursuant to this article.
    52    § 5. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law. Effective immediately, the addition,  amend-
    54  ment and/or repeal of any rule or regulation necessary for the implemen-
    55  tation  of  this act on its effective date are authorized to be made and
    56  completed on or before such effective date.
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