Bill Text: NY A08172 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the punishment for certain traffic infractions committed by an operator of a stretch limousine or other motor vehicle designed or modified for purposes of having a seating capacity of nine or more passengers.
Spectrum: Moderate Partisan Bill (Democrat 19-3)
Status: (Passed) 2020-02-03 - signed chap.4 [A08172 Detail]
Download: New_York-2019-A08172-Introduced.html
Bill Title: Relates to the punishment for certain traffic infractions committed by an operator of a stretch limousine or other motor vehicle designed or modified for purposes of having a seating capacity of nine or more passengers.
Spectrum: Moderate Partisan Bill (Democrat 19-3)
Status: (Passed) 2020-02-03 - signed chap.4 [A08172 Detail]
Download: New_York-2019-A08172-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8172 2019-2020 Regular Sessions IN ASSEMBLY June 5, 2019 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the punish- ment for certain traffic infractions committed by an operator of a stretch limousine or other motor carrier designed or modified for purposes of having a seating capacity of nine or more passengers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision c of section 1161 of the vehicle and traffic 2 law, as added by section 14 of part III of chapter 59 of the laws of 3 2019, is amended to read as follows: 4 c. (i) No altered motor vehicle commonly referred to as a "stretch 5 limousine" or other motor carrier designed or modified for purposes of 6 having a seating capacity of [ten] nine or more passengers including the 7 driver shall make a U-turn upon any public highway or private road open 8 to public motor vehicle traffic. 9 (ii) A violation of paragraph (i) of this subdivision shall be a traf- 10 fic infraction, punishable by no less than two hundred fifty dollars or 11 by imprisonment in a penitentiary or county jail for not more than 12 fifteen days, or by both such fine and imprisonment. If the operator 13 violates paragraph (i) of this subdivision while carrying one or more 14 passengers other than the driver, such violation shall be punishable by 15 not less than one thousand dollars or by imprisonment in a penitentiary 16 for not more than thirty days, or by both such fine and imprisonment. A 17 person who operates a vehicle in violation of paragraph (i) of this 18 subdivision after having been convicted of one or more violations of 19 such paragraph within the preceding eighteen months shall be punished by 20 a fine of not less than one thousand dollars and not more than two thou- 21 sand dollars or by imprisonment for not more than ninety days, or by 22 both such fine and imprisonment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11412-07-9A. 8172 2 1 § 2. Paragraph 1 of subdivision (b) of section 1800 of the vehicle and 2 traffic law, as amended by chapter 574 of the laws of 2006, is amended 3 to read as follows: 4 1. Every person convicted of a traffic infraction for a violation of 5 any of the provisions of this chapter or of any ordinance, order, rule 6 or regulation adopted pursuant to section sixteen hundred thirty or 7 sixteen hundred thirty-one of this chapter for which another penalty is 8 not provided shall for a first conviction thereof be punished by a fine 9 of not more than one hundred fifty dollars or by imprisonment for not 10 more than fifteen days or by both such fine and imprisonment; for a 11 conviction of a second violation, both of which were committed within a 12 period of eighteen months, such person shall be punished by a fine of 13 not more than three hundred dollars or by imprisonment for not more than 14 forty-five days or by both such fine and imprisonment; upon a conviction 15 of a third or subsequent violation, all of which were committed within a 16 period of eighteen months, such person shall be punished by a fine of 17 not more than four hundred fifty dollars or by imprisonment for not more 18 than ninety days or by both such fine and imprisonment, except that a 19 person convicted of a traffic infraction for a violation of paragraph 20 one of subdivision (d) of section one thousand one hundred eleven of 21 this chapter outside of a city having a population of one million or 22 more shall, for a first conviction thereof, be punished by a fine of not 23 less than seventy-five dollars nor more than two hundred twenty-five 24 dollars or by imprisonment for not more than fifteen days or by both 25 such fine and imprisonment; for a conviction of a second violation, both 26 of which were committed within a period of eighteen months, such person 27 shall be punished by a fine of not less than one hundred fifty dollars 28 nor more than three hundred seventy-five dollars or by imprisonment for 29 not more than forty-five days or by both such fine and imprisonment; 30 upon a conviction of a third or subsequent violation, all of which were 31 committed within a period of eighteen months, such person shall be 32 punished by a fine of not less than three hundred seventy-five dollars 33 nor more than six hundred seventy-five dollars or by imprisonment for 34 not more than ninety days or by both such fine and imprisonment except 35 that a person convicted for a violation of paragraph one of subdivision 36 (d) of section one thousand one hundred eleven of this chapter shall, 37 for a first conviction thereof, be punished by a fine of not less than 38 one hundred fifty dollars nor more than four hundred fifty dollars or by 39 imprisonment for not more than fifteen days or by both such fine and 40 imprisonment; for a conviction of a second violation, both of which were 41 committed within a period of eighteen months, such person shall be 42 punished by a fine of not less than three hundred dollars nor more than 43 seven hundred fifty dollars or by imprisonment for not more than forty- 44 five days or by both such fine and imprisonment; upon a conviction of a 45 third or subsequent violation, all of which were committed within a 46 period of eighteen months, such person shall be punished by a fine of 47 not less than seven hundred fifty dollars nor more than one thousand 48 five hundred dollars or by imprisonment for not more than ninety days or 49 by both such fine and imprisonment. Provided, however, that a violation 50 of paragraph one of subdivision (d) of section one thousand one hundred 51 eleven of this chapter shall, for a first conviction thereof, be 52 punished by a fine of not less than two hundred fifty dollars or by 53 imprisonment for not more than fifteen days, or by both such fine and 54 imprisonment if the operator is operating an altered motor vehicle 55 commonly referred to as a "stretch limousine" or other motor carrier 56 designed or modified for purposes of having a seating capacity of nineA. 8172 3 1 or more passengers including the driver; provided further, however, that 2 a violation of such subdivision if the operator is operating an altered 3 motor vehicle commonly referred to as a "stretch limousine" or other 4 motor carrier designed or modified for purposes of having a seating 5 capacity of nine or more passengers while carrying one or more passen- 6 gers other than the driver shall, for a first conviction thereof, be 7 punished by a fine of not less than one thousand dollars or by imprison- 8 ment for not more than thirty days, or by both such fine and imprison- 9 ment and for a conviction of a second violation, both of which were 10 committed within a period of eighteen months, an operator shall be 11 punished by a fine of not less than one thousand dollars and not more 12 than two thousand dollars or by imprisonment for not more than ninety 13 days, or by both such fine and imprisonment if the operator is operating 14 an altered motor vehicle commonly referred to as a "stretch limousine" 15 or other motor carrier designed or modified for purposes of having a 16 seating capacity of nine or more passengers including the driver. 17 § 3. Paragraph 5 of subdivision (h) of section 1180 of the vehicle and 18 traffic law, as amended by section 8 of part C of chapter 62 of the laws 19 of 2003, is amended to read as follows: 20 5. Notwithstanding the foregoing provisions of this subdivision, the 21 maximum fine provided herein for the violation for which the person is 22 sentenced may be increased by an additional one hundred fifty dollars if 23 the conviction is for a second violation of any subdivision of this 24 section where both violations were committed within an eighteen month 25 period or where the conviction is for a first violation of any subdivi- 26 sion of this section in which the operator was operating an altered 27 motor vehicle commonly referred to as a "stretch limousine" or other 28 motor carrier designed or modified for purposes of having a seating 29 capacity of nine or more passengers while carrying one or more passen- 30 gers other than the driver, and the maximum fine provided herein for the 31 violation for which the person is sentenced may be increased by an addi- 32 tional three hundred seventy-five dollars if the conviction is for a 33 third or subsequent violation of any subdivision of this section where 34 all such violations were committed within an eighteen month period or 35 where the conviction is for a second or subsequent violation of any 36 subdivision of this section in which the operator was operating an 37 altered motor vehicle commonly referred to as a "stretch limousine" or 38 other motor carrier designed or modified for purposes of having a seat- 39 ing capacity of nine or more passengers while carrying one or more 40 passengers other than the driver. Where an additional fine is provided 41 by this paragraph, a sentence of imprisonment for not more than thirty 42 days may be imposed in place of or in addition to any fine imposed. 43 § 4. This act shall take effect one year after it shall have become a 44 law; provided, however that if part III of chapter 59 of the laws of 45 2019 shall not have taken effect on or before such date, then section 46 one of this act shall take effect on the same date and in the same 47 manner as such part of chapter 59 of the laws of 2019 takes effect.
