Bill Text: NY S06193 | 2019-2020 | General Assembly | Amended
Bill Title: Allows the commissioner of transportation to impound or immobilize stretch limousines in certain situations; provides that such impounded motor vehicle shall not be released unless the commissioner of transportation is satisfied that repairs have been scheduled or been made to satisfactorily adjust such vehicle's out-of-service defect or defects; provides that release of such impounded vehicle without approval by such commissioner shall be punishable by a fine of up to ten thousand dollars; makes related provisions.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2020-02-03 - signed chap.9 [S06193 Detail]
Download: New_York-2019-S06193-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6193--C 2019-2020 Regular Sessions IN SENATE May 21, 2019 ___________ Introduced by Sens. KENNEDY, BRESLIN, CARLUCCI, GAUGHRAN, KAPLAN, 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 transportation law, in relation to allowing the commissioner of transportation to impound or immobilize stretch limou- sines in certain situations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b of subdivision 9 of section 140 of the trans- 2 portation law, as added by section 3 of part III of chapter 59 of the 3 laws of 2019, is amended to read as follows: 4 b. (i) Whenever an altered motor vehicle commonly referred to as a 5 "stretch limousine" has failed an inspection and been placed out-of-ser- 6 vice, the commissioner may direct a police officer or his or her agent 7 to immediately secure possession of the number plates of such vehicle 8 and return the same to the commissioner of motor vehicles. The commis- 9 sioner shall notify the commissioner of motor vehicles to that effect, 10 and the commissioner of motor vehicles shall thereupon suspend the 11 registration of such vehicle until such time as the commissioner gives 12 notice that the out-of-service defect has been satisfactorily adjusted. 13 Provided, however, that the commissioner shall give notice and an oppor- 14 tunity to be heard within not more than thirty days of the suspension. 15 Failure of the holder or of any person possessing such plates to deliver 16 to the commissioner or his or her agent who requests the same pursuant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11845-06-0S. 6193--C 2 1 to this paragraph shall be a misdemeanor. The commissioner of motor 2 vehicles shall have the authority to deny a registration or renewal 3 application to any other person for the same vehicle where it has been 4 determined that such registrant's intent has been to evade the purposes 5 of this paragraph and where the commissioner of motor vehicles has 6 reasonable grounds to believe that such registration or renewal will 7 have the effect of defeating the purposes of this paragraph. The proce- 8 dure on any such suspension shall be the same as in the case of a 9 suspension under the vehicle and traffic law. Operation of such motor 10 vehicle while under suspension as provided in this subdivision shall 11 constitute a class A misdemeanor. 12 (ii) (a) Upon the seizure of number plates pursuant to subparagraph 13 (i) of this paragraph, if the out-of-service defect is of a type where 14 pursuant to the commissioner's regulations no inspection certificate 15 will be issued until the defect is repaired and a re-inspection is 16 conducted, or is related to its horn, and the commissioner determines 17 that allowing the altered motor vehicle to leave the inspection area 18 would be contrary to public safety, the commissioner may: (A) remove or 19 arrange for the removal of, or may direct any police officer to remove 20 or arrange for the removal of, the altered motor vehicle to a non-public 21 garage or other place of safety where it shall remain impounded, subject 22 to the provisions of this section; or (B) immobilize or arrange for the 23 immobilization of the altered motor vehicle on premises owned or under 24 the control of the owner of such altered motor vehicle, subject to the 25 provisions of this section. The altered motor vehicle shall be entered 26 into the New York statewide police information network as an impounded 27 or immobilized vehicle and the commissioner shall promptly notify the 28 owner that the altered motor vehicle has been impounded or immobilized 29 and the reason or reasons for such impoundment or immobilization, and 30 give such owner an opportunity to be heard within not more than thirty 31 days of the suspension imposed pursuant to subparagraph (i) of this 32 paragraph. 33 (b) A motor vehicle so impounded or immobilized shall be in the custo- 34 dy of the commissioner and shall not be released unless the commissioner 35 is satisfied that repairs have been scheduled or been made to satisfac- 36 torily adjust such vehicle's out-of-service defect or defects and such 37 vehicle has been re-inspected. 38 (c) The commissioner shall provide written notice to the owner or 39 operator of the service repair shop or impoundment lot informing them 40 that such impounded vehicle shall not be released without the written 41 approval of the commissioner. Release of such impounded vehicle without 42 approval by the commissioner shall be punishable by a fine of up to ten 43 thousand dollars; 44 § 2. This act shall take effect one year after it shall have become a 45 law. Effective immediately, the addition, amendment and/or repeal of any 46 rule or regulation necessary for the implementation of this act on its 47 effective date are authorized to be made and completed on or before such 48 effective date.