Bill Text: NY A08171 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires stretch limousines to use commercial global positioning system technology which takes into account the minimum clearance, weight restriction, or turning radius of the motor vehicle.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2020-01-21 - enacting clause stricken [A08171 Detail]

Download: New_York-2019-A08171-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8171--B
                                                                Cal. No. 315

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 5, 2019
                                       ___________

        Introduced  by  M.  of  A. SANTABARBARA, GRIFFIN, 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 reading

        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          stretch limousines to use commercial global positioning  system  tech-
          nology

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

     1    Section 1. Section 375 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 54 to read as follows:
     3    54.  Stretch  limousine  commercial  GPS.  (a) Every stretch limousine
     4  registered in this state shall be equipped with commercial global  posi-
     5  tioning system (GPS) technology.
     6    (b)  It shall be unlawful to operate or cause to be operated a stretch
     7  limousine registered in this state on any public highway or private road
     8  open to public motor vehicle traffic unless such  stretch  limousine  is
     9  equipped  with  commercial global positioning system (GPS) technology as
    10  required by this subdivision  and  such  commercial  global  positioning
    11  system  (GPS) technology is used. The presence in such stretch limousine
    12  of commercial global positioning system (GPS) technology connected to  a
    13  power source and in an operable condition is presumptive evidence of its
    14  use by any person operating such stretch limousine. Such presumption may
    15  be  rebutted  by  any credible and reliable evidence which tends to show
    16  that such commercial global positioning system (GPS) technology was  not
    17  in use.
    18    (c) For the purposes of this subdivision:
    19    (i)  "Stretch  limousine" shall mean an altered motor vehicle having a
    20  seating capacity of nine  or  more  passengers,  including  the  driver,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11954-11-9
        A. 8171--B                          2

     1  commonly  referred  to as a "stretch limousine" and which is used in the
     2  business of transporting passengers for compensation; and
     3    (ii)  "Commercial  global  positioning  system (GPS) technology" shall
     4  mean global positioning system (GPS) technology which has  been  specif-
     5  ically designed to assist in the navigation of commercial motor vehicles
     6  which  includes,  but  is not limited to, selection of routes which take
     7  into account the minimum clearance, weight restriction, or turning radi-
     8  us of such commercial motor vehicle.
     9    § 2. This act shall be deemed repealed if any federal  agency  finally
    10  determines  that this act would render New York state ineligible for the
    11  receipt of federal funds or any court of competent jurisdiction  finally
    12  determines  that  this act would render New York state out of compliance
    13  with federal law or regulation.
    14    § 3. Severability. If any clause,  sentence,  subdivision,  paragraph,
    15  section or part of this act be adjudged by any court of competent juris-
    16  diction to be invalid, such judgment shall not affect, impair or invali-
    17  date  the  remainder  thereof, but shall be confined in its operation to
    18  the clause, sentence, subdivision, paragraph, section  or  part  thereof
    19  directly  involved  in the controversy in which such judgment shall have
    20  been rendered.
    21    § 4. This act shall take effect one year after it shall have become  a
    22  law;  provided  that the commissioner of transportation shall notify the
    23  legislative  bill  drafting  commission  upon  the  occurrence  of   the
    24  provisions  of  section two of this act in order that the commission may
    25  maintain an accurate and timely effective data base of the official text
    26  of the laws of the state of New York in furtherance of effectuating  the
    27  provisions  of section 44 of the legislative law and section 70-b of the
    28  public officers law.  Effective  immediately,  the  addition,  amendment
    29  and/or repeal of any rule or regulation necessary for the implementation
    30  of  this  act  on  its  effective  date  are  authorized  to be made and
    31  completed on or before such effective date.