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.
                                                                   LBD11845-06-0

        S. 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.
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