Bill Text: NY A08476 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows the commissioner to immobilize or impound limousines where such vehicle has an out-of-service defect or a defect related to its horn.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A08476 Detail]

Download: New_York-2019-A08476-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8476

                               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,  in  relation  to  allowing  the
          commissioner  of transportation to immobilize or impound limousines in
          certain situations

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

     1    Section  1. Subdivision 2 of section 145 of the transportation law, as
     2  added by chapter 635 of the laws of 1983, is amended to read as follows:
     3    2. (a) The commissioner may upon complaint or upon the  commissioner's
     4  initiative  without  complaint  institute proceedings to revoke, cancel,
     5  suspend or modify any certificate or  permit  issued  pursuant  to  this
     6  chapter  after  a  hearing  at  which  the holder of such certificate or
     7  permit and any person making such complaint shall be given  an  opportu-
     8  nity  to be heard. Provided, however, that any order of the commissioner
     9  revoking, cancelling, suspending or modifying any certificate or  permit
    10  shall not become effective until thirty days after the serving of notice
    11  thereof  upon  the  holder  of  such  certificate  or permit, unless the
    12  commissioner determines that the continued holding of  such  certificate
    13  or  permit  for  such  period  would be contrary to the public interest.
    14  Hearings shall be held in such manner and upon such  notice  as  may  be
    15  prescribed by rules of the commissioner, but such notice shall be of not
    16  less than ten days and shall state the nature of the complaint.
    17    (b)  The  commissioner  may  take  actions to immobilize or impound an
    18  altered motor vehicle commonly referred to as a stretch limousine having
    19  a seating capacity of nine or more passengers including  the  driver  if
    20  the  stretch  limousine  has  an  out-of-service  defect or has a defect
    21  related to its horn and the commissioner determines  that  allowing  the
    22  stretch  limousine to leave the inspection area would be contrary to the
    23  public interest. The commissioner is permitted to  continue  immobiliza-
    24  tion  or  impoundment  of  the  stretch  limousine  until satisfied that

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11845-04-9
        A. 8476                             2

     1  repairs have been scheduled or made to remedy  the  stretch  limousine's
     2  out-of-service defect or defects.  Provided, however, a hearing shall be
     3  held  after any immobilization or impoundment pursuant to this paragraph
     4  at  which  the holder of such certificate or permit and the commissioner
     5  shall be given an opportunity to be heard. Hearings  shall  be  held  in
     6  such  manner  and  upon such notice as may be prescribed by rules of the
     7  commissioner, but such notice shall be of not less  than  ten  days  and
     8  shall  state  the  rationale  for impounding or immobilizing the stretch
     9  limousine. The burden of proof for the commissioner's continued impound-
    10  ment or immobilization shall be by  clear  and  convincing  evidence  on
    11  issues  of fact.  The commissioner is empowered to remove or arrange for
    12  the removal of a stretch limousine to a  garage,  automobile  pound,  or
    13  other  place  of  safety  where it shall remain impounded or immobilized
    14  subject to the provisions of subdivisions two, three,  four,  five,  six
    15  and  seven  of  section five hundred eleven-b of the vehicle and traffic
    16  law.
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law. Effective immediately, the addition,  amend-
    19  ment and/or repeal of any rule or regulation necessary for the implemen-
    20  tation  of  this act on its effective date are authorized to be made and
    21  completed on or before such effective date.