Bill Text: NY S06188 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the punishment for certain traffic infractions committed by an operator of a stretch limousine or other motor vehicle designed or modified for purposes of having a seating capacity of nine or more passengers.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2020-02-03 - signed chap.4 [S06188 Detail]
Download: New_York-2019-S06188-Amended.html
Bill Title: Relates to the punishment for certain traffic infractions committed by an operator of a stretch limousine or other motor vehicle designed or modified for purposes of having a seating capacity of nine or more passengers.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2020-02-03 - signed chap.4 [S06188 Detail]
Download: New_York-2019-S06188-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6188--A Cal. No. 1086 2019-2020 Regular Sessions IN SENATE May 21, 2019 ___________ Introduced by Sen. GAUGHRAN -- 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 AN ACT to amend the vehicle and traffic law, in relation to the punish- ment for certain traffic infractions committed by an operator of a stretch limousine or other motor carrier designed or modified for purposes of having a seating capacity of nine or more passengers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision c of section 1161 of the vehicle and traffic 2 law, as added by section 14 of part III of chapter 59 of the laws of 3 2019, is amended to read as follows: 4 c. (i) No altered motor vehicle commonly referred to as a "stretch 5 limousine" or other motor carrier designed or modified for purposes of 6 having a seating capacity of [ten] nine or more passengers including the 7 driver shall make a U-turn upon any public highway or private road open 8 to public motor vehicle traffic. 9 (ii) A violation of paragraph (i) of this subdivision shall be a traf- 10 fic infraction, punishable by no less than two hundred fifty dollars or 11 by imprisonment in a penitentiary or county jail for not more than 12 fifteen days, or by both such fine and imprisonment. If the operator 13 violates paragraph (i) of this subdivision while carrying one or more 14 passengers other than the driver, such violation shall be punishable by 15 not less than one thousand dollars or by imprisonment in a penitentiary 16 for not more than thirty days, or by both such fine and imprisonment. A 17 person who operates a vehicle in violation of paragraph (i) of this 18 subdivision after having been convicted of one or more violations of 19 such paragraph within the preceding eighteen months shall be punished by 20 a fine of not less than one thousand dollars and not more than two thou- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11412-06-9S. 6188--A 2 1 sand dollars or by imprisonment for not more than ninety days, or by 2 both such fine and imprisonment. 3 § 2. Paragraph 1 of subdivision (b) of section 1800 of the vehicle and 4 traffic law, as amended by chapter 574 of the laws of 2006, is amended 5 to read as follows: 6 1. Every person convicted of a traffic infraction for a violation of 7 any of the provisions of this chapter or of any ordinance, order, rule 8 or regulation adopted pursuant to section sixteen hundred thirty or 9 sixteen hundred thirty-one of this chapter for which another penalty is 10 not provided shall for a first conviction thereof be punished by a fine 11 of not more than one hundred fifty dollars or by imprisonment for not 12 more than fifteen days or by both such fine and imprisonment; for a 13 conviction of a second violation, both of which were committed within a 14 period of eighteen months, such person shall be punished by a fine of 15 not more than three hundred dollars or by imprisonment for not more than 16 forty-five days or by both such fine and imprisonment; upon a conviction 17 of a third or subsequent violation, all of which were committed within a 18 period of eighteen months, such person shall be punished by a fine of 19 not more than four hundred fifty dollars or by imprisonment for not more 20 than ninety days or by both such fine and imprisonment, except that a 21 person convicted of a traffic infraction for a violation of paragraph 22 one of subdivision (d) of section one thousand one hundred eleven of 23 this chapter outside of a city having a population of one million or 24 more shall, for a first conviction thereof, be punished by a fine of not 25 less than seventy-five dollars nor more than two hundred twenty-five 26 dollars or by imprisonment for not more than fifteen days or by both 27 such fine and imprisonment; for a conviction of a second violation, both 28 of which were committed within a period of eighteen months, such person 29 shall be punished by a fine of not less than one hundred fifty dollars 30 nor more than three hundred seventy-five dollars or by imprisonment for 31 not more than forty-five days or by both such fine and imprisonment; 32 upon a conviction of a third or subsequent violation, all of which were 33 committed within a period of eighteen months, such person shall be 34 punished by a fine of not less than three hundred seventy-five dollars 35 nor more than six hundred seventy-five dollars or by imprisonment for 36 not more than ninety days or by both such fine and imprisonment except 37 that a person convicted for a violation of paragraph one of subdivision 38 (d) of section one thousand one hundred eleven of this chapter shall, 39 for a first conviction thereof, be punished by a fine of not less than 40 one hundred fifty dollars nor more than four hundred fifty dollars or by 41 imprisonment for not more than fifteen days or by both such fine and 42 imprisonment; for a conviction of a second violation, both of which were 43 committed within a period of eighteen months, such person shall be 44 punished by a fine of not less than three hundred dollars nor more than 45 seven hundred fifty dollars or by imprisonment for not more than forty- 46 five days or by both such fine and imprisonment; upon a conviction of a 47 third or subsequent violation, all of which were committed within a 48 period of eighteen months, such person shall be punished by a fine of 49 not less than seven hundred fifty dollars nor more than one thousand 50 five hundred dollars or by imprisonment for not more than ninety days or 51 by both such fine and imprisonment. Provided, however, that a violation 52 of paragraph one of subdivision (d) of section one thousand one hundred 53 eleven of this chapter shall, for a first conviction thereof, be 54 punished by a fine of not less than two hundred fifty dollars or by 55 imprisonment for not more than fifteen days, or by both such fine and 56 imprisonment if the operator is operating an altered motor vehicleS. 6188--A 3 1 commonly referred to as a "stretch limousine" or other motor carrier 2 designed or modified for purposes of having a seating capacity of nine 3 or more passengers including the driver; provided further, however, that 4 a violation of such subdivision if the operator is operating an altered 5 motor vehicle commonly referred to as a "stretch limousine" or other 6 motor carrier designed or modified for purposes of having a seating 7 capacity of nine or more passengers while carrying one or more passen- 8 gers other than the driver shall, for a first conviction thereof, be 9 punished by a fine of not less than one thousand dollars or by imprison- 10 ment for not more than thirty days, or by both such fine and imprison- 11 ment and for a conviction of a second violation, both of which were 12 committed within a period of eighteen months, an operator shall be 13 punished by a fine of not less than one thousand dollars and not more 14 than two thousand dollars or by imprisonment for not more than ninety 15 days, or by both such fine and imprisonment if the operator is operating 16 an altered motor vehicle commonly referred to as a "stretch limousine" 17 or other motor carrier designed or modified for purposes of having a 18 seating capacity of nine or more passengers including the driver. 19 § 3. Paragraph 5 of subdivision (h) of section 1180 of the vehicle and 20 traffic law, as amended by section 8 of part C of chapter 62 of the laws 21 of 2003, is amended to read as follows: 22 5. Notwithstanding the foregoing provisions of this subdivision, the 23 maximum fine provided herein for the violation for which the person is 24 sentenced may be increased by an additional one hundred fifty dollars if 25 the conviction is for a second violation of any subdivision of this 26 section where both violations were committed within an eighteen month 27 period or where the conviction is for a first violation of any subdivi- 28 sion of this section in which the operator was operating an altered 29 motor vehicle commonly referred to as a "stretch limousine" or other 30 motor carrier designed or modified for purposes of having a seating 31 capacity of nine or more passengers while carrying one or more passen- 32 gers other than the driver, and the maximum fine provided herein for the 33 violation for which the person is sentenced may be increased by an addi- 34 tional three hundred seventy-five dollars if the conviction is for a 35 third or subsequent violation of any subdivision of this section where 36 all such violations were committed within an eighteen month period or 37 where the conviction is for a second or subsequent violation of any 38 subdivision of this section in which the operator was operating an 39 altered motor vehicle commonly referred to as a "stretch limousine" or 40 other motor carrier designed or modified for purposes of having a seat- 41 ing capacity of nine or more passengers while carrying one or more 42 passengers other than the driver. Where an additional fine is provided 43 by this paragraph, a sentence of imprisonment for not more than thirty 44 days may be imposed in place of or in addition to any fine imposed. 45 § 4. This act shall take effect one year after it shall have become a 46 law; provided, however that if part III of chapter 59 of the laws of 47 2019 shall not have taken effect on or before such date, then section 48 one of this act shall take effect on the same date and in the same 49 manner as such part of chapter 59 of the laws of 2019 takes effect.
