Bill Text: NY A09058 | 2019-2020 | General Assembly | Introduced

---

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: Partisan Bill (Democrat 22-1)

Status: (Passed) 2020-02-03 - signed chap.11 [A09058 Detail]

Download: New_York-2019-A09058-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9058

                   IN ASSEMBLY

                                    January 10, 2020
                                       ___________

        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  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 within no later than  one  year  of  the
     6  date  upon  which  the  national  highway  traffic safety administration
     7  promulgates final regulations establishing standards for commercial GPS.
     8    (b) It shall be unlawful to operate or cause to be operated a  stretch
     9  limousine registered in this state on any public highway or private road
    10  open  to  public  motor vehicle traffic unless such stretch limousine is
    11  equipped with commercial global positioning system (GPS)  technology  as
    12  required  by  this  subdivision  and  such commercial global positioning
    13  system (GPS) technology is used. The presence in such stretch  limousine
    14  of  commercial global positioning system (GPS) technology connected to a
    15  power source and in an operable condition is presumptive evidence of its
    16  use by any person operating such stretch limousine. Such presumption may
    17  be rebutted by any credible and reliable evidence which  tends  to  show
    18  that  such commercial global positioning system (GPS) technology was not
    19  in use.
    20    (c) For the purposes of this subdivision:
    21    (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
    22  seating  capacity  of  nine  or  more  passengers, including the driver,
    23  commonly referred to as a "stretch limousine" and which is used  in  the
    24  business of transporting passengers for compensation; and
    25    (ii)  "Commercial  global  positioning  system (GPS) technology" shall
    26  mean global positioning system (GPS) technology which has  been  specif-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14788-02-0
        A. 9058                             2

     1  ically  designed  to  assist in the navigation of commercial motor vehi-
     2  cles.
     3    §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
     4  section or part of this act be adjudged by any court of competent juris-
     5  diction to be invalid, or if any federal agency  determines  in  writing
     6  that  this act would render New York state ineligible for the receipt of
     7  federal funds, such judgment or written determination shall not  affect,
     8  impair or invalidate the remainder thereof, but shall be confined in its
     9  operation  to  the  clause, sentence, subdivision, paragraph, section or
    10  part thereof directly involved in the controversy in which such judgment
    11  or written determination shall have been rendered.
    12    § 3. This act shall take effect thirty days after it shall have become
    13  a law; provided, further, that this act shall be deemed repealed if  any
    14  federal agency determines in writing that this act would render New York
    15  state ineligible for the receipt of federal funds or any court of compe-
    16  tent jurisdiction finally determines that this act would render New York
    17  state  out  of  compliance  with federal law or regulation; and provided
    18  that the commissioner of transportation  shall  notify  the  legislative
    19  bill  drafting  commission upon the occurrence of the provisions of this
    20  act in order that the commission may maintain  an  accurate  and  timely
    21  effective data base of the official text of the laws of the state of New
    22  York  in furtherance of effectuating the provisions of section 44 of the
    23  legislative law and section 70-b of the public officers  law.  Effective
    24  immediately,  the addition, amendment and/or repeal of any rule or regu-
    25  lation necessary for the implementation of this  act  on  its  effective
    26  date are authorized to be made and completed on or before such effective
    27  date.