Bill Text: NY S06187 | 2019-2020 | General Assembly | Amended


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: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2020-02-03 - signed chap.11 [S06187 Detail]

Download: New_York-2019-S06187-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6187--C

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 21, 2019
                                       ___________

        Introduced  by  Sens. GAUGHRAN, BRESLIN, CARLUCCI, KENNEDY, LIU, SEWARD,
          TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the  Committee  on Transportation -- reported favorably
          from said committee, ordered to first report, amended on first report,
          ordered to a second report and ordered reprinted, retaining its  place
          in  the  order  of  second  report  -- 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 committee

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11954-14-0

        S. 6187--C                          2

     1  be rebutted by any credible and reliable evidence which  tends  to  show
     2  that  such commercial global positioning system (GPS) technology was not
     3  in use.
     4    (c) For the purposes of this subdivision:
     5    (i)  "Stretch  limousine" shall mean an altered motor vehicle having a
     6  seating capacity of nine  or  more  passengers,  including  the  driver,
     7  commonly  referred  to as a "stretch limousine" and which is used in the
     8  business of transporting passengers for compensation; and
     9    (ii) "Commercial global positioning  system  (GPS)  technology"  shall
    10  mean  global  positioning system (GPS) technology which has been specif-
    11  ically designed to assist in the navigation of  commercial  motor  vehi-
    12  cles.
    13    §  2.  Severability.  If any clause, sentence, subdivision, paragraph,
    14  section or part of this act be adjudged by any court of competent juris-
    15  diction to be invalid, or if any federal agency  determines  in  writing
    16  that  this act would render New York state ineligible for the receipt of
    17  federal funds, such judgment or written determination shall not  affect,
    18  impair or invalidate the remainder thereof, but shall be confined in its
    19  operation  to  the  clause, sentence, subdivision, paragraph, section or
    20  part thereof directly involved in the controversy in which such judgment
    21  or written determination shall have been rendered.
    22    § 3. This act shall take effect thirty days after it shall have become
    23  a law; provided, further, that this act shall be deemed repealed if  any
    24  federal agency determines in writing that this act would render New York
    25  state ineligible for the receipt of federal funds or any court of compe-
    26  tent jurisdiction finally determines that this act would render New York
    27  state  out  of  compliance  with federal law or regulation; and provided
    28  that the commissioner of transportation  shall  notify  the  legislative
    29  bill  drafting  commission upon the occurrence of the provisions of this
    30  act in order that the commission may maintain  an  accurate  and  timely
    31  effective data base of the official text of the laws of the state of New
    32  York  in furtherance of effectuating the provisions of section 44 of the
    33  legislative law and section 70-b of the public officers  law.  Effective
    34  immediately,  the addition, amendment and/or repeal of any rule or regu-
    35  lation necessary for the implementation of this  act  on  its  effective
    36  date are authorized to be made and completed on or before such effective
    37  date.
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