Bill Text: NY A08475 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to safety requirements for certain motor vehicles which transport nine or more passengers; requires such motor vehicles to have rear seatbelts, rear windows and doors, and rollover protection devices.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A08475 Detail]
Download: New_York-2019-A08475-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8475 2019-2020 Regular Sessions IN ASSEMBLY July 8, 2019 ___________ Introduced by M. of A. SANTABARBARA -- read once and referred to the Committee on Transportation AN ACT to amend the transportation law and the vehicle and traffic law, in relation to safety requirements for certain motor vehicles which transport 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. The opening paragraph of item (b) of subparagraph (iii) of 2 paragraph c of subdivision 2 of section 140 of the transportation law, 3 as amended by section 1 of part III of chapter 59 of the laws of 2019, 4 is amended and a new subdivision 5-a is added to read as follows: 5 Any person, corporation, company, association, joint stock associ- 6 ation, partnership, person or any officer or agent thereof, found guilty 7 of violating any of the department's safety rules or regulations involv- 8 ing an out-of-service defect relating to brake systems, steering compo- 9 nents and/or coupling devices or any requirement pursuant to subdivision 10 five-a of this section shall be subject to a fine of not less than five 11 hundred dollars nor more than one thousand two hundred fifty dollars for 12 the first offense, and upon being found guilty of a second or subsequent 13 offense committed within eighteen months by a fine of not less than one 14 thousand two hundred fifty dollars nor more than three thousand dollars, 15 or by imprisonment for not more than sixty days or by both such fine and 16 imprisonment; provided, however, that if any such person, corporation, 17 company, association, joint stock association, partnership, person or 18 any officer or agent thereof is operating a farm vehicle registered 19 pursuant to subdivision thirteen of section four hundred one of the 20 vehicle and traffic law in conformance with the terms of such registra- 21 tion, and if the violation as set forth in the summons is corrected not 22 later than one-half hour after sunset on the third full business day 23 after the issuance of the summons and proof of such correction as set 24 forth in item (b) of subparagraph (iv) of this paragraph is submitted to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11415-04-9A. 8475 2 1 the court, the penalty for a first violation involving brake systems 2 shall be a fine of two hundred fifty dollars, the penalty for a first 3 violation involving steering components and/or coupling devices shall be 4 a fine of two hundred dollars and the penalty for a first violation 5 involving any other out-of-service defect shall be a fine of one hundred 6 fifty dollars. A motor vehicle shall be deemed to be out-of-service only 7 until such time as the applicable out-of-service defect is repaired or 8 adjusted. 9 5-a. a. All altered motor vehicles which are required to have a feder- 10 al motor vehicle safety standard certification label in accordance with 11 49 USC 30115 and 49 CFR 567 and regulated by the commissioner, which 12 have the capacity to transport nine or more passengers for compensation, 13 including the operator, shall be equipped with a safety belt approved by 14 the commissioner for the rear seat for each passenger for which the rear 15 seat of such vehicle was designed or modified no later than the first of 16 May, two thousand twenty-one. 17 b. No such motor vehicle shall be authorized to operate in this state 18 unless such motor vehicle is equipped with safety belt assembly ancho- 19 rages conforming to standards established by the commissioner for each 20 safety belt required in such motor vehicle. 21 c. All such motor vehicles shall additionally be equipped with roll- 22 over protection devices such as cages or pillars and anti-intrusion bars 23 for the purpose of protecting rear compartment passengers, which shall 24 conform to standards established by the commissioner and be included in 25 the department's safety inspection program no later than the first of 26 May, two thousand twenty-two. Any such motor vehicle that is modified to 27 comply with the provisions of this paragraph shall pass the department's 28 safety inspection after the installation of such rollover protection 29 devices and prior to operating on any roadway. 30 d. (i) All such motor vehicles modified or extended after the first of 31 January, two thousand twenty, for purpose of increasing vehicle length 32 in an amount sufficient to accommodate additional passengers, shall be 33 equipped with the following accessible to all passengers: 34 (a) a minimum of two rear doors; and 35 (b) a minimum of two rear-push out windows where at least one push-out 36 window shall be located on each side of the vehicle, provided, however, 37 if the design of the altered motor vehicle precludes the installation of 38 a push-out window on one side of the vehicle, the second push-out window 39 shall instead be located in the roof of the vehicle, provided, further, 40 if the design of such motor vehicle precludes the installation of a 41 push-out window on either side of the vehicle, one push-out window shall 42 instead be located in the roof of such vehicle. 43 (ii) Such doors and windows as required pursuant to subparagraph (i) 44 of this paragraph shall be installed such that the passengers of the 45 vehicle can open such doors or windows from the inside of the vehicle in 46 case of any emergency that requires the immediate exit of the occupants 47 of the vehicle. 48 (iii) The commissioner shall establish, by regulation, standards to 49 ensure window exits are operable and sufficient in emergency situations 50 for altered motor vehicle passengers. The department shall ensure that 51 such regulations comply with any applicable federal motor vehicle safety 52 standards. 53 e. This subdivision shall not apply to motor vehicles regulated by the 54 commissioner that are used in the business of transporting school chil- 55 dren for hire or used for the transportation of school children, owned 56 and/or operated by school districts or by any public or private school,A. 8475 3 1 or to motor vehicles owned and/or operated by children's camps operating 2 pursuant to section thirteen hundred ninety-four of the public health 3 law. 4 § 2. Subdivision 51 of section 375 of the vehicle and traffic law, as 5 added by chapter 495 of the laws of 2003, is amended to read as follows: 6 51. Taxicab [and], livery and stretch limousine notices. (a) Every 7 taxicab [and], livery, and altered motor vehicle which was altered on or 8 after May first, two thousand twenty-one, commonly referred to as a 9 "stretch limousine", registered in this state shall have posted therein 10 the following notice: "Seatbelts must be available for your use. Please 11 buckle up." 12 (b) The notices required to be posted pursuant to paragraph (a) of 13 this subdivision shall be posted in a manner legible and conspicuous to 14 passengers in all seating positions of such vehicles. 15 § 3. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. Effective immediately, the departments of 17 motor vehicles and transportation, in consultation with other agencies, 18 are authorized to promulgate such rules and regulations as are necessary 19 for the implementation of this act on or before such effective date.
