Bill Text: NY A08302 | 2019-2020 | General Assembly | Amended
Bill Title: Allows the commissioner of transportation to impound or immobilize stretch limousines in certain situations; provides that such impounded motor vehicle shall not be released unless the commissioner of transportation is satisfied that repairs have been scheduled or been made to satisfactorily adjust such vehicle's out-of-service defect or defects; makes related provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-01-21 - enacting clause stricken [A08302 Detail]
Download: New_York-2019-A08302-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8302--A Cal. No. 323 2019-2020 Regular Sessions IN ASSEMBLY June 13, 2019 ___________ Introduced by M. of A. MAGNARELLI, SANTABARBARA -- read once and referred to the Committee on Transportation -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the transportation law, in relation to allowing the commissioner of transportation to impound or immobilize stretch limou- sines in certain situations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b of subdivision 9 of section 140 of the trans- 2 portation law, as added by section 3 of part III of chapter 59 of the 3 laws of 2019, is amended to read as follows: 4 b. (i) Whenever an altered motor vehicle commonly referred to as a 5 "stretch limousine" has failed an inspection and been placed out-of-ser- 6 vice, the commissioner may direct a police officer or his or her agent 7 to immediately secure possession of the number plates of such vehicle 8 and return the same to the commissioner of motor vehicles. The commis- 9 sioner shall notify the commissioner of motor vehicles to that effect, 10 and the commissioner of motor vehicles shall thereupon suspend the 11 registration of such vehicle until such time as the commissioner gives 12 notice that the out-of-service defect has been satisfactorily adjusted. 13 Provided, however, that the commissioner shall give notice and an oppor- 14 tunity to be heard within not more than thirty days of the suspension. 15 Failure of the holder or of any person possessing such plates to deliver 16 to the commissioner or his or her agent who requests the same pursuant 17 to this paragraph shall be a misdemeanor. The commissioner of motor 18 vehicles shall have the authority to deny a registration or renewal 19 application to any other person for the same vehicle where it has been 20 determined that such registrant's intent has been to evade the purposes 21 of this paragraph and where the commissioner of motor vehicles has 22 reasonable grounds to believe that such registration or renewal will EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13314-05-9A. 8302--A 2 1 have the effect of defeating the purposes of this paragraph. The proce- 2 dure on any such suspension shall be the same as in the case of a 3 suspension under the vehicle and traffic law. Operation of such motor 4 vehicle while under suspension as provided in this subdivision shall 5 constitute a class A misdemeanor. 6 (ii) (a) Upon the seizure of number plates pursuant to subparagraph 7 (i) of this paragraph, if the out-of-service defect is of a type where 8 pursuant to the commissioner's regulations no inspection certificate 9 will be issued until the defect is repaired and a re-inspection is 10 conducted, or is related to its horn, and the commissioner determines 11 that allowing the altered motor vehicle to leave the inspection area 12 would be contrary to public safety, the commissioner may: (A) remove or 13 arrange for the removal of, or may direct any police officer to remove 14 or arrange for the removal of, the altered motor vehicle to a garage or 15 other place of safety under the commissioner's jurisdiction where it 16 shall remain impounded, subject to the provisions of this section; or 17 (B) immobilize or arrange for the immobilization of the altered motor 18 vehicle on premises owned or under the control of the owner of such 19 altered motor vehicle, subject to the provisions of this section. The 20 altered motor vehicle shall be entered into the New York statewide 21 police information network as an impounded or immobilized vehicle and 22 the commissioner shall promptly notify the owner that the altered motor 23 vehicle has been impounded or immobilized and the reason or reasons for 24 such impoundment or immobilization, and give such owner an opportunity 25 to be heard. 26 (b) A motor vehicle so impounded or immobilized shall be in the custo- 27 dy of the commissioner and shall not be released unless the commissioner 28 is satisfied that repairs have been scheduled or been made to satisfac- 29 torily adjust such vehicle's out-of-service defect or defects, and 30 payment has been made to the commissioner for the reasonable costs of 31 removal and storage of the altered motor vehicle if impounded. The 32 registered owner of the vehicle shall be responsible for such payment. 33 (c) When an altered motor vehicle seized and impounded or immobilized 34 pursuant to this subparagraph has been in the custody of the commission- 35 er for thirty days, the commissioner shall notify the owner and the 36 lienholder, if any, at his or her last known address by certified mail, 37 return receipt requested, that if repairs are not scheduled or made and 38 the vehicle not retrieved pursuant to clause (b) of this subparagraph 39 within thirty days from the date the notice is given, the commissioner 40 may dispose of such vehicle as an abandoned vehicle pursuant to section 41 twelve hundred twenty-four of the vehicle and traffic law and may seek 42 to recover towing and storage costs in a civil action in the name of the 43 people of the state of New York, if applicable. Costs recovered in a 44 civil action under this clause shall be paid to the commissioner for 45 deposit into the state treasury for towing and storage expenses, and any 46 remaining costs recovered in a civil action under this clause shall be 47 paid to the commissioner for deposit into the state treasury for actual 48 and necessary costs related to bus and motor vehicle inspections 49 conducted pursuant to this section. 50 (d) If an altered motor vehicle has been seized and not retrieved 51 pursuant to the provisions of this subparagraph within thirty days from 52 the date notice is given pursuant to clause (c) of this subparagraph, 53 such altered motor vehicle shall be deemed an abandoned vehicle and the 54 commissioner may dispose of such altered motor vehicle pursuant to 55 section twelve hundred twenty-four of the vehicle and traffic law. 56 Before any such disposal, the commissioner shall give ten days' noticeA. 8302--A 3 1 to the owner, who shall have an opportunity to appear and retrieve such 2 altered motor vehicle in accordance with clause (b) of this subparagraph 3 within ten days of the date such notice is given. 4 (e) An altered motor vehicle abandoned in accordance with the 5 provisions of this section shall be and become the property of the 6 department, subject however to any lien that was recorded prior to the 7 seizure. 8 (f) When an altered motor vehicle has been seized and impounded pursu- 9 ant to this subparagraph, the commissioner shall make the altered motor 10 vehicle available or grant access to it to any owner or any person 11 designated or authorized by such owner for the purpose of (I) taking 12 possession of any personal property found within the altered motor vehi- 13 cle and (II) obtaining proof of registration, financial security, title 14 or documentation in support thereof. 15 § 2. This act shall take effect one year after it shall have become a 16 law. Effective immediately, the addition, amendment and/or repeal of any 17 rule or regulation necessary for the implementation of this act on its 18 effective date are authorized to be made and completed on or before such 19 effective date.
