Bill Text: NY S00700 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires limousines to secure certain insurance coverage and follow certain safety measures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00700 Detail]

Download: New_York-2019-S00700-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           700
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          limousines  operating  in  this state to adopt certain safety measures
          and be properly insured
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph (a) of subdivision 4 of section 311 of the vehi-
     2  cle and traffic law, as amended by chapter 305 of the laws of  1995,  is
     3  amended to read as follows:
     4    (a) Affording coverage as defined in the minimum provisions prescribed
     5  in  a  regulation  which  shall  be promulgated by the superintendent at
     6  least ninety days prior to effective date of this act.  The  superinten-
     7  dent  before  promulgating  such  regulations  or any amendment thereof,
     8  shall consult with all insurers licensed to write  automobile  liability
     9  insurance in this state and shall not prescribe minimum provisions which
    10  fail  to  reflect the provisions of automobile liability insurance poli-
    11  cies, other than motor vehicle liability policies as defined in  section
    12  three  hundred  forty-five  of this chapter, issued within this state at
    13  the date of such regulation or amendment thereof.  Nothing contained  in
    14  such  regulation  or  in  this  article  shall prohibit any insurer from
    15  affording coverage under an owner's policy of liability  insurance  more
    16  liberal  than  that  required  by  said minimum provisions.   Every such
    17  owner's policy of liability insurance shall provide insurance subject to
    18  said regulation against loss from  the  liability  imposed  by  law  for
    19  damages,  including  damages  for  care and loss of services, because of
    20  bodily injury to or death of any person and injury to or destruction  of
    21  property arising out of the ownership, maintenance, use, or operation of
    22  a specific motor vehicle or motor vehicles within the state of New York,
    23  or  elsewhere  in  the United States in North America or the Dominion of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04571-02-9
        S. 700                              2
     1  Canada, subject to a  limit,  exclusive  of  interest  and  costs,  with
     2  respect  to  each such motor vehicle except a tow truck or limousine, of
     3  twenty-five thousand dollars because of bodily  injuries  to  and  fifty
     4  thousand dollars because of death of one person in any one accident and,
     5  subject  to  said  limit  for  one  person, to a limit of fifty thousand
     6  dollars because of bodily injury to and  one  hundred  thousand  dollars
     7  because  of  death  of two or more persons in any one accident, and to a
     8  limit of ten thousand dollars because of injury  to  or  destruction  of
     9  property  of  others  in  any  one accident provided, however, that such
    10  policy need not be for a period coterminous with the registration period
    11  of the vehicle insured. The limit, exclusive of interest and costs, with
    12  respect to a tow truck shall be a combined  single  limit  of  at  least
    13  three  hundred thousand dollars because of bodily injury or death to one
    14  or more persons or because of  injury  or  destruction  of  property  of
    15  others  in  any  one  accident,  and  to a limit of twenty-five thousand
    16  dollars because of damage to a vehicle in the care, custody and  control
    17  of the insured. The limit, exclusive of interests and costs, with regard
    18  to  a limousine shall be a combined single limit of at least one million
    19  five hundred thousand dollars because of bodily injury or death  to  one
    20  or  more  persons or because of injury or destruction of property in any
    21  one accident, or the limit required by local law or regulation, whichev-
    22  er is greater. Any insurer authorized to  issue  an  owner's  policy  of
    23  liability  insurance  as  provided  for in this article may, pending the
    24  issue of such a policy, make an agreement, to be known as a  binder,  or
    25  may,  in  lieu of such a policy, issue a renewal endorsement or evidence
    26  of renewal of an existing policy; each of which shall  be  construed  to
    27  provide indemnity or protection in like manner and to the same extent as
    28  such  a policy. The provisions of this article shall apply to such bind-
    29  ers, renewal endorsements or evidences of  renewal.  Every  such  policy
    30  issued  insuring  private  passenger  vehicles and every renewal policy,
    31  renewal endorsement, or other evidence  of  renewal  issued  shall  have
    32  attached  thereto  a rating information form which clearly specifies and
    33  defines the rating classification assigned thereto, including any appli-
    34  cable merit rating plan; and
    35    § 2. Section 311 of the vehicle and traffic law is amended by adding a
    36  new subdivision 11 to read as follows:
    37    11. "Limousine" means a livery vehicle that has a seating capacity  of
    38  eight or more passengers and which provides prearranged passenger trans-
    39  portation  on a dedicated, nonscheduled, charter basis, where the charge
    40  is based on a flat rate or per unit of time or  mileage,  or  a  vehicle
    41  classified  as  a  luxury limousine as defined by the taxi and limousine
    42  commission of New York city or Westchester county or licensed by a muni-
    43  cipality of the Nassau county and registered  with  the  Nassau  county.
    44  Service  by  a  limousine  that  begins and ends in this state is deemed
    45  intra-state even if it passes outside this state during a portion of the
    46  trip. This does not include a taxicab that is not operated on a  regular
    47  route  or between specified points, a vehicle carrying less than sixteen
    48  individuals in a single daily round trip to commute to and from work, or
    49  a motor vehicle transporting only school children  and  teachers  to  or
    50  from  a  school or an extracurricular activity organized and funded by a
    51  school district.
    52    § 3. Section 312 of the vehicle and traffic law is amended by adding a
    53  new subdivision 6 to read as follows:
    54    6. (a) No limousine shall operate as such in this state  unless,  upon
    55  the  registration  of the limousine with the department, the application
    56  for such registration is accompanied  by  proof  of  financial  security
        S. 700                              3
     1  required  by section three hundred eleven of this article which shall be
     2  evidence by proof of insurance or evidence of a financial security bond,
     3  a financial security deposit or qualification as  a  self-insurer  under
     4  section  three  hundred  sixteen  of  this  article;  provided,  that if
     5  directed by regulation of the commissioner, upon renewal of registration
     6  an application accompanied by a certificate of registration  or  renewal
     7  stub in force immediately preceding the date of application for renewal,
     8  together  with  a  statement  in  a  form prescribed by the commissioner
     9  certifying that there is in effect proof of  financial  security,  shall
    10  meet the requirements of this section.
    11    (b)  The owner, and registrant if the registrant is different from the
    12  owner, of such limousine shall  maintain  proof  of  financial  security
    13  continuously  throughout the registration period, and failure to produce
    14  proof of financial security when requested to do so  upon  demand  of  a
    15  magistrate,  motor  vehicle  inspector, peace officer acting pursuant to
    16  his or her special duties, or police  officer,  while  such  vehicle  is
    17  being operated upon the public highways of this state, shall be presump-
    18  tive  evidence  of  operating a motor vehicle without proof of financial
    19  security.   Upon the production of  proof  of  financial  security  such
    20  presumption is removed. Production of proof of financial security may be
    21  made  by  mailing  such  proof  to  the court having jurisdiction in the
    22  matter, and any necessary response by such court  or  acknowledgment  of
    23  the production of such proof may also be made by mail.
    24    (c)  When  insurance  with  respect  to any limousine is terminated or
    25  canceled, the owner shall surrender forthwith the  registration  certif-
    26  icate  and number plates of the vehicle to the commissioner unless proof
    27  of financial security otherwise is maintained in  compliance  with  this
    28  article and section three hundred seventy of this title.
    29    (d)  Where  the  owner  of  a limousine fails to maintain the proof of
    30  financial security required by this section, if the owner of any  limou-
    31  sine  is a corporation, limited liability corporation, or other business
    32  entity,  the  officers  of  such  corporation  or  entity  may  be  held
    33  personally  liable  for  any  judgment entered against any driver and/or
    34  registrant of the  limousine  for  damages  sustained  as  a  result  of
    35  personal  injury,  wrongful  death  and/or property damage suffered as a
    36  result of the use and operation of the limousine.
    37    § 4. Paragraph 3 of subdivision (b) of section 345 of the vehicle  and
    38  traffic  law,  as amended by chapter 305 of the laws of 1995, is amended
    39  to read as follows:
    40    (3) Shall insure the insured, the  vehicle  operator,  or  such  other
    41  person  against  loss  from  the  liability  imposed by law for damages,
    42  including damages for care and loss of services because of bodily injury
    43  to or death of any person and injury to or destruction of property aris-
    44  ing out of the ownership, maintenance, use, or operation of  such  motor
    45  vehicle  or motor vehicles within the state of New York, or elsewhere in
    46  the United States in North America or the Dominion of Canada, subject to
    47  a limit, exclusive of interest and cost, with respect to each such motor
    48  vehicle, except a tow truck or a limousine  as  defined  in  subdivision
    49  eleven  of  section  three  hundred eleven of this title, of twenty-five
    50  thousand dollars because of bodily injury to or fifty  thousand  dollars
    51  because  of death of one person in any one accident and, subject to said
    52  limit for one person, to a limit of fifty thousand  dollars  because  of
    53  bodily injury to or one hundred thousand dollars because of death of two
    54  or  more  persons  in  any  one accident, and to a limit of ten thousand
    55  dollars because of injury to or destruction of property of others in any
    56  one accident. The limit, exclusive of interest and costs,  with  respect
        S. 700                              4
     1  to  a  tow truck shall be a combined single limit of three hundred thou-
     2  sand dollars because of bodily injury [of]  or  death  to  one  or  more
     3  persons or because of injury or destruction of property of others in any
     4  one  accident, and to a limit of twenty-five thousand dollars because of
     5  damage to a vehicle in the care, custody and control of the insured. The
     6  limit, exclusive of interest and costs, with respect to a  limousine  as
     7  defined  in  subdivision  eleven of section three hundred eleven of this
     8  title shall be a combined single limit of  at  least  one  million  five
     9  hundred  thousand  dollars  because  of bodily injury or death to one or
    10  more persons or because of injury or destruction of property  of  others
    11  in  any  one accident, or the limit required by local law or regulation,
    12  whichever is greater.
    13    § 5. Paragraphs (a) and (b) of subdivision 1 of  section  370  of  the
    14  vehicle  and traffic law, paragraph (a) as amended by chapter 305 of the
    15  laws of 1995 and paragraph (b) as amended by chapter 613 of the laws  of
    16  2002, are amended to read as follows:
    17    (a)  For damages for and incident to death or injuries to persons: For
    18  each motorcycle and for each motor vehicle which is intended pursuant to
    19  this subdivision to be operated in a business of carrying or  transport-
    20  ing passengers for hire having a seating capacity of not more than seven
    21  passengers, a bond or insurance policy with a minimum liability of twen-
    22  ty-five  thousand  dollars  and  a  maximum  liability of fifty thousand
    23  dollars for bodily injury, and a minimum  liability  of  fifty  thousand
    24  dollars  and  a  maximum  liability  of one hundred thousand dollars for
    25  death; for each motor vehicle which is intended pursuant to this  subdi-
    26  vision  to be operated in a business of carrying or transporting passen-
    27  gers for hire having a seating capacity of not less than eight nor  more
    28  than  [twelve]  fourteen  passengers,  a bond or insurance policy with a
    29  [minimum liability] combined single limit of [twenty-five] at least  one
    30  million five hundred thousand dollars [and a maximum liability of eighty
    31  thousand  dollars]  for bodily injury[, and a minimum liability of fifty
    32  thousand dollars and a maximum liability of one hundred  fifty  thousand
    33  dollars  for]  or  death  to  one  or  more persons because of injury or
    34  destruction of property in any one accident, or the  limit  required  by
    35  local  law  or regulation, whichever is greater; [for each motor vehicle
    36  having a seating capacity of not less than thirteen nor more than twenty
    37  passengers, a bond or insurance policy with a minimum liability of twen-
    38  ty-five thousand dollars and a maximum liability of one  hundred  twenty
    39  thousand  dollars  for  bodily  injury  and a minimum liability of fifty
    40  thousand dollars and a maximum liability of one hundred  fifty  thousand
    41  dollars  for  death; for each motor vehicle having a seating capacity of
    42  not less than twenty-one nor more than  thirty  passengers,  a  bond  or
    43  insurance  policy  with  a  minimum  liability  of  twenty-five thousand
    44  dollars and a maximum liability of one hundred  sixty  thousand  dollars
    45  for  bodily injury and a minimum liability of fifty thousand dollars and
    46  a maximum liability of two hundred thousand dollars for death; for  each
    47  motor  vehicle having a seating capacity of more than thirty passengers,
    48  a bond or insurance policy with a minimum liability of twenty-five thou-
    49  sand dollars and a maximum liability of two hundred thousand dollars for
    50  bodily injury and a minimum liability of fifty thousand  dollars  and  a
    51  maximum liability of two hundred fifty thousand dollars for death;]
    52    (b)  For damages for and incident to injury to or destruction of prop-
    53  erty; for each motor vehicle and each motorcycle having a seating capac-
    54  ity of fewer than eight passengers, a bond or insurance  policy  with  a
    55  minimum liability of ten thousand dollars.
        S. 700                              5
     1    Such  bond  or  policy  of  insurance  shall contain a provision for a
     2  continuing liability thereunder, notwithstanding any  recovery  thereon.
     3  Any such bond or policy of insurance shall also contain a provision that
     4  such  bond  or  policy  of  insurance  shall inure to the benefit of any
     5  person legally operating the motor vehicle or motorcycle in the business
     6  of  the  owner and with his permission, in the same manner and under the
     7  same conditions and to the same extent as to the owner. If at any  time,
     8  in  the  judgment of the commissioner, such bond or policy is not suffi-
     9  cient for any cause the commissioner may require the owner of such motor
    10  vehicle or motorcycle to  replace  such  bond  or  policy  with  another
    11  approved by the commissioner. A corporate surety or an insurance company
    12  evidence  of  whose bond or policy has been so filed, must file a notice
    13  in the office of the commissioner that upon  the  expiration  of  twenty
    14  days  from  such  filing  such  surety will cease to be liable upon such
    15  bond, or in the case of such insurance company, that upon the expiration
    16  of such time such policy will  be  cancelled;  provided,  however,  that
    17  where  the owner of such motor vehicle or motorcycle has replaced cover-
    18  age with another insurer, the expiration date shall be the date the  new
    19  coverage has commenced; further provided that where such owner has had a
    20  total  loss,  the expiration date shall be the earlier of twenty days or
    21  when the plates have been turned in to the commissioner. The commission-
    22  er shall thereupon notify the owner of such motor vehicle or  motorcycle
    23  of  the  filing  of  such notice, and unless such owner shall file a new
    24  bond or evidence of new bond or policy, as provided by this section,  on
    25  or  before such date as shall be specified by the commissioner, or shall
    26  place the number plates belonging to the motor vehicle or motorcycle  in
    27  the custody of the commissioner or his agent within such time, to remain
    28  in  such custody until a new bond or evidence of a new bond or policy is
    29  filed, the registration of such motor vehicle  or  motorcycle  shall  be
    30  revoked  as of the date specified in said notice of the commissioner and
    31  no new registration shall be issued for a period of thirty days.  Forth-
    32  with  after his registration has been so revoked such owner shall return
    33  the number plates issued for  such  vehicle  to  the  commissioner.  The
    34  provisions  of  subdivision  seven  of  section five hundred ten of this
    35  chapter shall apply to such revocations.
    36    Notwithstanding any contrary provision of this chapter, any such bond,
    37  or policy of insurance shall also provide for uninsured motorists cover-
    38  age in the minimal amount and in the form provided for in subsection (f)
    39  of section three thousand four hundred twenty of the insurance law.
    40    Nothing in this subdivision shall be construed to  prevent  compliance
    41  therewith  by filing a combination of bonds or policies or of a bond and
    42  policy or evidence thereof if the commissioner approves and the require-
    43  ments of this subdivision are otherwise met.
    44    § 6. Paragraph (b) of subdivision 2 of section 502 of the vehicle  and
    45  traffic  law,  as amended by chapter 520 of the laws of 1991, is amended
    46  to read as follows:
    47    (b) Except as provided in paragraph (a) of this subdivision an  appli-
    48  cant  for  a  class  B[,] or C [or E] license shall be at least eighteen
    49  years of age and an applicant for a class E license shall  be  at  least
    50  twenty-three years of age.
    51    §  7. Subdivision (1) of section 509-a of the vehicle and traffic law,
    52  as amended by chapter 853 of the laws of 1992, is  amended  to  read  as
    53  follows:
    54    (1)  bus  shall  mean  every  motor  vehicle, owned, leased, rented or
    55  otherwise controlled by a motor carrier, which (a) is a  school  bus  as
    56  defined  in section one hundred forty-two of this chapter or has a seat-
        S. 700                              6
     1  ing capacity of more than ten adult passengers in addition to the driver
     2  and which is used for the transportation of persons  under  the  age  of
     3  twenty-one or persons of any age who are mentally or physically disabled
     4  to a place of vocational, academic or religious instruction or religious
     5  service  including  nursery  schools, day care centers and camps, (b) is
     6  required to obtain approval to operate in  the  state  as  a  common  or
     7  contract carrier of passengers by motor vehicle from the commissioner of
     8  transportation,  or the interstate commerce commission, (c) is regulated
     9  as a bus line by a city that has adopted  an  ordinance,  local  law  or
    10  charter  to regulate or franchise bus line operations pursuant to subdi-
    11  vision four of section eighty of the transportation law,  (d)  is  regu-
    12  lated  as  a  van service or other common carrier of passengers by motor
    13  vehicle covered under article seven of the transportation law by a  city
    14  with  a population of over one million pursuant to an ordinance or local
    15  law adopted pursuant to subdivision five of section eighty of the trans-
    16  portation law or (e) is operated by a transit authority or  municipality
    17  and  is  used  to  transport  persons for hire. For the purposes of this
    18  article, a bus shall be defined to include a limousine  with  a  seating
    19  capacity  of nine or more, including the driver. Provided, however, that
    20  bus shall not mean an  authorized  emergency  vehicle  operated  in  the
    21  course of an emergency, or a motor vehicle used in the transportation of
    22  agricultural workers to and from their place of employment;
    23    §  8.  Subdivision (e) of section 1160 of the vehicle and traffic law,
    24  as added by chapter 294 of the laws of  1989,  is  amended  to  read  as
    25  follows:
    26    (e)  U-turns.  U-turns  shall  be made from and to that portion of the
    27  highway nearest the marked center line. Where more than one  lane  of  a
    28  highway  has  been designated for left turns, U-turns shall be made only
    29  from the lane so designated that is adjacent to the marked center  line.
    30  Modified  or stretch limousines with total seating capacities of nine or
    31  more, including the driver, are prohibited from making  U-turns  on  any
    32  roadway.
    33    §  9.  This act shall take effect immediately; provided, however, that
    34  within sixty days after such effective date all  limousines  subject  to
    35  the provisions of this act shall have in full force and effect an insur-
    36  ance  policy  or  other  permissible  bond, deposit, or qualification as
    37  required by this act, and  shall  provide  satisfactory  proof  of  such
    38  coverage to the commissioner of motor vehicles.