Bill Text: NY S06193 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6193--A
            Cal. No. 1091

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 21, 2019
                                       ___________

        Introduced by Sens. KENNEDY, 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  transportation law, in relation to allowing the
          commissioner of transportation to immobilize or impound limousines  in
          certain situations

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

     1    Section 1. Subdivision 2 of section 145 of the transportation law,  as
     2  added by chapter 635 of the laws of 1983, is amended to read as follows:
     3    2.  (a) The commissioner may upon complaint or upon the commissioner's
     4  initiative without complaint institute proceedings  to  revoke,  cancel,
     5  suspend  or  modify  any  certificate  or permit issued pursuant to this
     6  chapter after a hearing at which  the  holder  of  such  certificate  or
     7  permit  and  any person making such complaint shall be given an opportu-
     8  nity to be heard. Provided, however, that any order of the  commissioner
     9  revoking,  cancelling, suspending or modifying any certificate or permit
    10  shall not become effective until thirty days after the serving of notice
    11  thereof upon the holder  of  such  certificate  or  permit,  unless  the
    12  commissioner  determines  that the continued holding of such certificate
    13  or permit for such period would be  contrary  to  the  public  interest.
    14  Hearings  shall  be  held  in such manner and upon such notice as may be
    15  prescribed by rules of the commissioner, but such notice shall be of not
    16  less than ten days and shall state the nature of the complaint.
    17    (b) The commissioner may take actions  to  immobilize  or  impound  an
    18  altered motor vehicle commonly referred to as a stretch limousine having
    19  a  seating  capacity  of nine or more passengers including the driver if
    20  the stretch limousine has an  out-of-service  defect  or  has  a  defect
    21  related  to  its  horn and the commissioner determines that allowing the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11845-03-9
        S. 6193--A                          2

     1  stretch limousine to leave the inspection area would be contrary to  the
     2  public  interest.  The commissioner is permitted to continue immobiliza-
     3  tion or impoundment  of  the  stretch  limousine  until  satisfied  that
     4  repairs  have  been  scheduled or made to remedy the stretch limousine's
     5  out-of-service defect or defects.  Provided, however, a hearing shall be
     6  held after any immobilization or impoundment pursuant to this  paragraph
     7  at  which  the holder of such certificate or permit and the commissioner
     8  shall be given an opportunity to be heard. Hearings  shall  be  held  in
     9  such  manner  and  upon such notice as may be prescribed by rules of the
    10  commissioner, but such notice shall be of not less  than  ten  days  and
    11  shall  state  the  rationale  for impounding or immobilizing the stretch
    12  limousine. The burden of proof for the commissioner's continued impound-
    13  ment or immobilization shall be by  clear  and  convincing  evidence  on
    14  issues  of fact.  The commissioner is empowered to remove or arrange for
    15  the removal of a stretch limousine to a  garage,  automobile  pound,  or
    16  other  place  of  safety  where it shall remain impounded or immobilized
    17  subject to the provisions of subdivisions two, three,  four,  five,  six
    18  and  seven  of  section five hundred eleven-b of the vehicle and traffic
    19  law.
    20    § 2. This act shall take effect on the one hundred eightieth day after
    21  it shall have become a law. Effective immediately, the addition,  amend-
    22  ment and/or repeal of any rule or regulation necessary for the implemen-
    23  tation  of  this act on its effective date are authorized to be made and
    24  completed on or before such effective date.