Bill Text: NY S06185 | 2019-2020 | General Assembly | Amended


Bill Title: Requires the commissioner of transportation to establish, maintain, monitor and publicize a hotline operated and maintained by the department of motor vehicles through which any person may report safety issues with stretch limousines and to use such reports when determining withdrawing a motor carrier's operating authority or denying applications for new or revised operating authority.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2020-02-03 - signed chap.5 [S06185 Detail]

Download: New_York-2019-S06185-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6185--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 21, 2019
                                       ___________

        Introduced  by Sens. MAY, BRESLIN, CARLUCCI, KAPLAN, KENNEDY, LIU, PARK-
          ER, SEWARD -- read twice and ordered printed, and when printed  to  be
          committed  to  the  Committee  on Transportation -- recommitted to the
          Committee on Transportation in accordance with Senate Rule 6,  sec.  8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted  to  said  committee  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the transportation law, in  relation  to  requiring  the
          commissioner of transportation to establish methods of reporting safe-
          ty issues with stretch limousines

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

     1    Section 1. Section 138 of the transportation law is amended by  adding
     2  a new subdivision 10 to read as follows:
     3    10. (a) In consultation and cooperation with the commissioner of motor
     4  vehicles,  to  establish,  maintain,  monitor, and publicize a toll-free
     5  hotline operated and maintained by  the  department  of  motor  vehicles
     6  through  which  any  person  may report safety issues with altered motor
     7  vehicles commonly referred to as "stretch limousines" having  a  seating
     8  capacity  of  nine or more passengers, including the driver, used in the
     9  business of transporting passengers for compensation.   Upon the  estab-
    10  lishment of such toll-free hotline, the commissioner and the commission-
    11  er  of  motor  vehicles  shall  require every such altered motor vehicle
    12  registered in this state to have posted therein a notice  providing  the
    13  department  of  transportation's  safe limo New York website address and
    14  toll-free hotline number, in a form and manner approved by  the  commis-
    15  sioner  of motor vehicles. Such notice shall be posted in a manner legi-
    16  ble and conspicuous to passengers  in  all  seating  positions  of  such
    17  altered  motor  vehicles. For the purposes of this subdivision, the term
    18  "safety issues" shall include, but not be limited  to,  the  operational

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11846-05-0

        S. 6185--B                          2

     1  condition  and  functioning of such altered motor vehicle, motor vehicle
     2  safety equipment  availability  and  condition,  altered  motor  vehicle
     3  inspection  and  registration, issues related to certificates or permits
     4  issued  to such altered motor vehicles for the transportation of passen-
     5  gers by the United States department of transportation  or  the  commis-
     6  sioner,  and alleged violations of article nineteen, article nineteen-A,
     7  or title VII of the vehicle and traffic law by a person  during  his  or
     8  her operation of such an altered motor vehicle.
     9    (b) (i) The commissioner may investigate reports received through such
    10  website, and toll-free hotline related to the provisions of this article
    11  or  article  seven of this chapter and, where the commissioner has veri-
    12  fied such information, may consider such  verified  information  in  the
    13  enforcement  of such articles, and in setting priorities for enforcement
    14  activities.
    15    (ii) The  commissioner  of  motor  vehicles  may  investigate  reports
    16  received   by  such  website,  and  toll-free  hotline  related  to  the
    17  provisions of article five, section three hundred eighty-three,  article
    18  fourteen,  article  nineteen,  article  nineteen-A, and title VII of the
    19  vehicle and traffic law and, where substantiated by  such  commissioner,
    20  may  consider such substantiated information in the enforcement of arti-
    21  cles five, fourteen, and nineteen-A and section  three  hundred  eighty-
    22  three of such law, and in setting priorities for enforcement activities.
    23    (iii)  In  consultation and cooperation with the commissioner of motor
    24  vehicles, the commissioner shall report on  safety  issues  reported  to
    25  such website, and toll-free hotline and related investigations summariz-
    26  ing  (A)  the total number of safety issue reports received and the type
    27  of safety issues reported; (B) the total number of safety issue  reports
    28  received  and  the type of safety issues reported where the commissioner
    29  or the commissioner of  motor  vehicles,  as  applicable,  verified  the
    30  information  provided; (C) enforcement actions and other responses taken
    31  by the commissioner or the commissioner of motor vehicles,  as  applica-
    32  ble,  to  safety  issue  reports  received where the commissioner or the
    33  commissioner of motor vehicles, as applicable, has verified such  infor-
    34  mation;  and  (D) the length of time between the receipt of safety issue
    35  reports from such website, or hotline and enforcement  action  or  other
    36  response  by  the commissioner or the commissioner of motor vehicles, as
    37  applicable.  Such report shall be made publicly available on the depart-
    38  ment's website in a searchable format, and shall be  published  no  less
    39  than  once annually. Such report may also be included within the depart-
    40  ment's annual report  submitted  pursuant  to  subdivision  thirteen  of
    41  section fourteen of this chapter.
    42    §  2. This act shall take effect one year after it shall have become a
    43  law. Effective immediately, the addition, amendment and/or repeal of any
    44  rule or regulation necessary for the implementation of this act  on  its
    45  effective date are authorized to be made and completed on or before such
    46  effective date.
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