Bill Text: NY S08506 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires limousines to secure certain insurance coverage and follow certain safety measures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-09 - REFERRED TO TRANSPORTATION [S08506 Detail]

Download: New_York-2017-S08506-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8506
                    IN SENATE
                                       May 9, 2018
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          limousines  operating  in  this state to adopt certain safety measures
          and be properly insured
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph (a) of subdivision 4 of section 311 of the vehi-
     2  cle and traffic law, as amended by chapter 305 of the laws of  1995,  is
     3  amended to read as follows:
     4    (a) Affording coverage as defined in the minimum provisions prescribed
     5  in  a  regulation  which  shall  be promulgated by the superintendent at
     6  least ninety days prior to effective date of this act.  The  superinten-
     7  dent  before  promulgating  such  regulations  or any amendment thereof,
     8  shall consult with all insurers licensed to write  automobile  liability
     9  insurance in this state and shall not prescribe minimum provisions which
    10  fail  to  reflect the provisions of automobile liability insurance poli-
    11  cies, other than motor vehicle liability policies as defined in  section
    12  three  hundred  forty-five  of this chapter, issued within this state at
    13  the date of such regulation or amendment thereof.  Nothing contained  in
    14  such  regulation  or  in  this  article  shall prohibit any insurer from
    15  affording coverage under an owner's policy of liability  insurance  more
    16  liberal  than  that  required  by  said minimum provisions.   Every such
    17  owner's policy of liability insurance shall provide insurance subject to
    18  said regulation against loss from  the  liability  imposed  by  law  for
    19  damages,  including  damages  for  care and loss of services, because of
    20  bodily injury to or death of any person and injury to or destruction  of
    21  property arising out of the ownership, maintenance, use, or operation of
    22  a specific motor vehicle or motor vehicles within the state of New York,
    23  or  elsewhere  in  the United States in North America or the Dominion of
    24  Canada, subject to a  limit,  exclusive  of  interest  and  costs,  with
    25  respect  to  each such motor vehicle except a tow truck or limousine, of
    26  twenty-five thousand dollars because of bodily  injuries  to  and  fifty
    27  thousand dollars because of death of one person in any one accident and,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13113-01-7
        S. 8506                             2
     1  subject  to  said  limit  for  one  person, to a limit of fifty thousand
     2  dollars because of bodily injury to and  one  hundred  thousand  dollars
     3  because  of  death  of two or more persons in any one accident, and to a
     4  limit  of  ten  thousand  dollars because of injury to or destruction of
     5  property of others in any one  accident  provided,  however,  that  such
     6  policy need not be for a period coterminous with the registration period
     7  of the vehicle insured. The limit, exclusive of interest and costs, with
     8  respect  to  a  tow  truck  shall be a combined single limit of at least
     9  three hundred thousand dollars because of bodily injury or death to  one
    10  or  more  persons  or  because  of  injury or destruction of property of
    11  others in any one accident, and  to  a  limit  of  twenty-five  thousand
    12  dollars  because of damage to a vehicle in the care, custody and control
    13  of the insured. The limit, exclusive of interests and costs, with regard
    14  to a limousine shall be a combined single limit of at least one  million
    15  five  hundred  thousand dollars because of bodily injury or death to one
    16  or more persons or because of injury or destruction of property  in  any
    17  one accident, or the limit required by local law or regulation, whichev-
    18  er  is  greater.  Any  insurer  authorized to issue an owner's policy of
    19  liability insurance as provided for in this  article  may,  pending  the
    20  issue  of  such a policy, make an agreement, to be known as a binder, or
    21  may, in lieu of such a policy, issue a renewal endorsement  or  evidence
    22  of  renewal  of  an existing policy; each of which shall be construed to
    23  provide indemnity or protection in like manner and to the same extent as
    24  such a policy. The provisions of this article shall apply to such  bind-
    25  ers,  renewal  endorsements  or  evidences of renewal. Every such policy
    26  issued insuring private passenger vehicles  and  every  renewal  policy,
    27  renewal  endorsement,  or  other  evidence  of renewal issued shall have
    28  attached thereto a rating information form which clearly  specifies  and
    29  defines the rating classification assigned thereto, including any appli-
    30  cable merit rating plan; and
    31    § 2. Section 311 of the vehicle and traffic law is amended by adding a
    32  new subdivision 11 to read as follows:
    33    11."Limousine"  means  a livery vehicle that has a seating capacity of
    34  eight or more passengers and which provides prearranged passenger trans-
    35  portation on a dedicated, nonscheduled, charter basis, where the  charge
    36  is  based  on  a  flat rate or per unit of time or mileage, or a vehicle
    37  classified as a luxury limousine as defined by the  taxi  and  limousine
    38  commission of New York city or Westchester county or licensed by a muni-
    39  cipality  of  the  Nassau  county and registered with the Nassau county.
    40  Service by a limousine that begins and ends  in  this  state  is  deemed
    41  intra-state even if it passes outside this state during a portion of the
    42  trip.  This does not include a taxicab that is not operated on a regular
    43  route or between specified points, a vehicle carrying less than  sixteen
    44  individuals in a single daily round trip to commute to and from work, or
    45  a  motor  vehicle  transporting  only school children and teachers to or
    46  from a school or an extracurricular activity organized and funded  by  a
    47  school district.
    48    § 3. Section 312 of the vehicle and traffic law is amended by adding a
    49  new subdivision 6 to read as follows:
    50    6.  (a)  No limousine shall operate as such in this state unless, upon
    51  the registration of the limousine with the department,  the  application
    52  for  such  registration  is  accompanied  by proof of financial security
    53  required by section three hundred eleven of this article which shall  be
    54  evidence by proof of insurance or evidence of a financial security bond,
    55  a  financial  security  deposit or qualification as a self-insurer under
    56  section three  hundred  sixteen  of  this  article;  provided,  that  if
        S. 8506                             3
     1  directed by regulation of the commissioner, upon renewal of registration
     2  an  application  accompanied by a certificate of registration or renewal
     3  stub in force immediately preceding the date of application for renewal,
     4  together  with  a  statement  in  a  form prescribed by the commissioner
     5  certifying that there is in effect proof of  financial  security,  shall
     6  meet the requirements of this section.
     7    (b)  The owner, and registrant if the registrant is different from the
     8  owner, of such limousine shall  maintain  proof  of  financial  security
     9  continuously  throughout the registration period, and failure to produce
    10  proof of financial security when requested to do so  upon  demand  of  a
    11  magistrate,  motor  vehicle  inspector, peace officer acting pursuant to
    12  his or her special duties, or police  officer,  while  such  vehicle  is
    13  being operated upon the public highways of this state, shall be presump-
    14  tive  evidence  of  operating a motor vehicle without proof of financial
    15  security.   Upon the production of  proof  of  financial  security  such
    16  presumption is removed. Production of proof of financial security may be
    17  made  by  mailing  such  proof  to  the court having jurisdiction in the
    18  matter, and any necessary response by such court  or  acknowledgment  of
    19  the production of such proof may also be made by mail.
    20    (c)  When  insurance  with  respect  to any limousine is terminated or
    21  canceled, the owner shall surrender forthwith the  registration  certif-
    22  icate  and number plates of the vehicle to the commissioner unless proof
    23  of financial security otherwise is maintained in  compliance  with  this
    24  article and section three hundred seventy of this title.
    25    (d)  Where  the  owner  of  a limousine fails to maintain the proof of
    26  financial security required by this section, if the owner of any  limou-
    27  sine  is a corporation, limited liability corporation, or other business
    28  entity,  the  officers  of  such  corporation  or  entity  may  be  held
    29  personally  liable  for  any  judgment entered against any driver and/or
    30  registrant of the  limousine  for  damages  sustained  as  a  result  of
    31  personal  injury,  wrongful  death  and/or property damage suffered as a
    32  result of the use and operation of the limousine.
    33    § 4. Paragraph 3 of subdivision (b) of section 345 of the vehicle  and
    34  traffic  law,  as amended by chapter 305 of the laws of 1995, is amended
    35  to read as follows:
    36    (3) Shall insure the insured, the  vehicle  operator,  or  such  other
    37  person  against  loss  from  the  liability  imposed by law for damages,
    38  including damages for care and loss of services because of bodily injury
    39  to or death of any person and injury to or destruction of property aris-
    40  ing out of the ownership, maintenance, use, or operation of  such  motor
    41  vehicle  or motor vehicles within the state of New York, or elsewhere in
    42  the United States in North America or the Dominion of Canada, subject to
    43  a limit, exclusive of interest and cost, with respect to each such motor
    44  vehicle, except a tow truck or a limousine  as  defined  in  subdivision
    45  eleven  of  section  three  hundred eleven of this title, of twenty-five
    46  thousand dollars because of bodily injury to or fifty  thousand  dollars
    47  because  of death of one person in any one accident and, subject to said
    48  limit for one person, to a limit of fifty thousand  dollars  because  of
    49  bodily injury to or one hundred thousand dollars because of death of two
    50  or  more  persons  in  any  one accident, and to a limit of ten thousand
    51  dollars because of injury to or destruction of property of others in any
    52  one accident. The limit, exclusive of interest and costs,  with  respect
    53  to  a  tow truck shall be a combined single limit of three hundred thou-
    54  sand dollars because of bodily injury [of]  or  death  to  one  or  more
    55  persons or because of injury or destruction of property of others in any
    56  one  accident, and to a limit of twenty-five thousand dollars because of
        S. 8506                             4
     1  damage to a vehicle in the care, custody and control of the insured. The
     2  limit, exclusive of interest and costs, with respect to a  limousine  as
     3  defined  in  subdivision  eleven of section three hundred eleven of this
     4  title  shall  be  a  combined  single limit of at least one million five
     5  hundred thousand dollars because of bodily injury or  death  to  one  or
     6  more  persons  or because of injury or destruction of property of others
     7  in any one accident, or the limit required by local law  or  regulation,
     8  whichever is greater.
     9    §  5.  Paragraphs  (a)  and (b) of subdivision 1 of section 370 of the
    10  vehicle and traffic law, paragraph (a) as amended by chapter 305 of  the
    11  laws  of 1995 and paragraph (b) as amended by chapter 613 of the laws of
    12  2002, are amended to read as follows:
    13    (a) For damages for and incident to death or injuries to persons:  For
    14  each motorcycle and for each motor vehicle which is intended pursuant to
    15  this  subdivision to be operated in a business of carrying or transport-
    16  ing passengers for hire having a seating capacity of not more than seven
    17  passengers, a bond or insurance policy with a minimum liability of twen-
    18  ty-five thousand dollars and  a  maximum  liability  of  fifty  thousand
    19  dollars  for  bodily  injury,  and a minimum liability of fifty thousand
    20  dollars and a maximum liability of  one  hundred  thousand  dollars  for
    21  death;  for each motor vehicle which is intended pursuant to this subdi-
    22  vision to be operated in a business of carrying or transporting  passen-
    23  gers  for hire having a seating capacity of not less than eight nor more
    24  than [twelve] fourteen passengers, a bond or  insurance  policy  with  a
    25  [minimum  liability]  combined single limit of [twenty-five] of at least
    26  one million five hundred thousand dollars [and a  maximum  liability  of
    27  eighty  thousand dollars] for bodily injury[, and a minimum liability of
    28  fifty thousand dollars and a maximum  liability  of  one  hundred  fifty
    29  thousand  dollars for] or death to one or more persons because of injury
    30  or destruction of property in any one accident, or the limit required by
    31  local law or regulation, whichever is greater; [for each  motor  vehicle
    32  having a seating capacity of not less than thirteen nor more than twenty
    33  passengers, a bond or insurance policy with a minimum liability of twen-
    34  ty-five  thousand  dollars and a maximum liability of one hundred twenty
    35  thousand dollars for bodily injury and  a  minimum  liability  of  fifty
    36  thousand  dollars  and a maximum liability of one hundred fifty thousand
    37  dollars for death; for each motor vehicle having a seating  capacity  of
    38  not  less  than  twenty-one  nor  more than thirty passengers, a bond or
    39  insurance policy  with  a  minimum  liability  of  twenty-five  thousand
    40  dollars  and  a  maximum liability of one hundred sixty thousand dollars
    41  for bodily injury and a minimum liability of fifty thousand dollars  and
    42  a  maximum liability of two hundred thousand dollars for death; for each
    43  motor vehicle having a seating capacity of more than thirty  passengers,
    44  a bond or insurance policy with a minimum liability of twenty-five thou-
    45  sand dollars and a maximum liability of two hundred thousand dollars for
    46  bodily  injury  and  a minimum liability of fifty thousand dollars and a
    47  maximum liability of two hundred fifty thousand dollars for death;]
    48    (b) For damages for and incident to injury to or destruction of  prop-
    49  erty; for each motor vehicle and each motorcycle having a seating capac-
    50  ity  of  fewer  than eight passengers, a bond or insurance policy with a
    51  minimum liability of ten thousand dollars.
    52    Such bond or policy of insurance  shall  contain  a  provision  for  a
    53  continuing  liability  thereunder, notwithstanding any recovery thereon.
    54  Any such bond or policy of insurance shall also contain a provision that
    55  such bond or policy of insurance shall  inure  to  the  benefit  of  any
    56  person legally operating the motor vehicle or motorcycle in the business
        S. 8506                             5
     1  of  the  owner and with his permission, in the same manner and under the
     2  same conditions and to the same extent as to the owner. If at any  time,
     3  in  the  judgment of the commissioner, such bond or policy is not suffi-
     4  cient for any cause the commissioner may require the owner of such motor
     5  vehicle  or  motorcycle  to  replace  such  bond  or policy with another
     6  approved by the commissioner. A corporate surety or an insurance company
     7  evidence of whose bond or policy has been so filed, must file  a  notice
     8  in  the  office  of  the commissioner that upon the expiration of twenty
     9  days from such filing such surety will cease  to  be  liable  upon  such
    10  bond, or in the case of such insurance company, that upon the expiration
    11  of  such  time  such  policy  will be cancelled; provided, however, that
    12  where the owner of such motor vehicle or motorcycle has replaced  cover-
    13  age  with another insurer, the expiration date shall be the date the new
    14  coverage has commenced; further provided that where such owner has had a
    15  total loss, the expiration date shall be the earlier of twenty  days  or
    16  when the plates have been turned in to the commissioner. The commission-
    17  er  shall thereupon notify the owner of such motor vehicle or motorcycle
    18  of the filing of such notice, and unless such owner  shall  file  a  new
    19  bond  or evidence of new bond or policy, as provided by this section, on
    20  or before such date as shall be specified by the commissioner, or  shall
    21  place  the number plates belonging to the motor vehicle or motorcycle in
    22  the custody of the commissioner or his agent within such time, to remain
    23  in such custody until a new bond or evidence of a new bond or policy  is
    24  filed,  the  registration  of  such motor vehicle or motorcycle shall be
    25  revoked as of the date specified in said notice of the commissioner  and
    26  no  new registration shall be issued for a period of thirty days. Forth-
    27  with after his registration has been so revoked such owner shall  return
    28  the  number  plates  issued  for  such  vehicle to the commissioner. The
    29  provisions of subdivision seven of section  five  hundred  ten  of  this
    30  chapter shall apply to such revocations.
    31    Notwithstanding any contrary provision of this chapter, any such bond,
    32  or policy of insurance shall also provide for uninsured motorists cover-
    33  age in the minimal amount and in the form provided for in subsection (f)
    34  of section three thousand four hundred twenty of the insurance law.
    35    Nothing  in  this subdivision shall be construed to prevent compliance
    36  therewith by filing a combination of bonds or policies or of a bond  and
    37  policy or evidence thereof if the commissioner approves and the require-
    38  ments of this subdivision are otherwise met.
    39    §  6. Paragraph (b) of subdivision 2 of section 502 of the vehicle and
    40  traffic law, as amended by chapter 520 of the laws of 1991,  is  amended
    41  to read as follows:
    42    (b)  Except as provided in paragraph (a) of this subdivision an appli-
    43  cant for a class B[,] or C [or E] license shall  be  at  least  eighteen
    44  years  of  age  and an applicant for a class E license shall be at least
    45  twenty-three years of age.
    46    § 7. Subdivision (1) of section 509-a of the vehicle and traffic  law,
    47  as  amended  by  chapter  853 of the laws of 1992, is amended to read as
    48  follows:
    49    (1) bus shall mean every  motor  vehicle,  owned,  leased,  rented  or
    50  otherwise  controlled  by  a motor carrier, which (a) is a school bus as
    51  defined in section one hundred forty-two of this chapter or has a  seat-
    52  ing capacity of more than ten adult passengers in addition to the driver
    53  and  which  is  used  for the transportation of persons under the age of
    54  twenty-one or persons of any age who are mentally or physically disabled
    55  to a place of vocational, academic or religious instruction or religious
    56  service including nursery schools, day care centers and  camps,  (b)  is
        S. 8506                             6
     1  required  to  obtain  approval  to  operate  in the state as a common or
     2  contract carrier of passengers by motor vehicle from the commissioner of
     3  transportation, or the interstate commerce commission, (c) is  regulated
     4  as  a  bus  line  by  a city that has adopted an ordinance, local law or
     5  charter to regulate or franchise bus line operations pursuant to  subdi-
     6  vision  four  of  section eighty of the transportation law, (d) is regu-
     7  lated as a van service or other common carrier of  passengers  by  motor
     8  vehicle  covered under article seven of the transportation law by a city
     9  with a population of over one million pursuant to an ordinance or  local
    10  law adopted pursuant to subdivision five of section eighty of the trans-
    11  portation  law or (e) is operated by a transit authority or municipality
    12  and is used to transport persons for hire.  For  the  purposes  of  this
    13  article,  a  bus  shall be defined to include a limousine with a seating
    14  capacity of nine or more, including the driver. Provided, however,  that
    15  bus  shall  not  mean  an  authorized  emergency vehicle operated in the
    16  course of an emergency, or a motor vehicle used in the transportation of
    17  agricultural workers to and from their place of employment;
    18    § 8. Subdivision (e) of section 1160 of the vehicle and  traffic  law,
    19  as  added  by  chapter  294  of  the laws of 1989, is amended to read as
    20  follows:
    21    (e) U-turns. U-turns shall be made from and to  that  portion  of  the
    22  highway  nearest  the  marked center line. Where more than one lane of a
    23  highway has been designated for left turns, U-turns shall be  made  only
    24  from  the lane so designated that is adjacent to the marked center line.
    25  Modified or stretch limousines with total seating capacities of nine  or
    26  more,  including  the  driver, are prohibited from making U-turns on any
    27  roadway.
    28    § 9. This act shall take effect immediately; provided,  however,  that
    29  within  sixty  days  after such effective date all limousines subject to
    30  the provisions of this act shall have in full force and effect an insur-
    31  ance policy or other permissible  bond,  deposit,  or  qualification  as
    32  required  by  this  act,  and  shall  provide satisfactory proof of such
    33  coverage to the commissioner of motor vehicles.