New York State Assembly

 
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A08474 Summary:

A08474 Actions:

A08474 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:01/14/2020AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Aye
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Excused
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Aye
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye
Darling
Aye

Committee:CODES   Chair:Lentol      
DATE:01/14/2020AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

A08474 Floor Votes:

A08474 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8474A
 
SPONSOR: Santabarbara

 
TITLE OF BILL:
 
An act to amend the transportation law and the vehicle and traffic law,
in relation to stretch limousine safety requirements and changing the
class of license required to operate stretch limousines
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To require individuals operating limousines carrying nine or more
passengers, including the driver, to have a commercial driver's license.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one of the bill amends subdivisions 11 and 12 of § 151 of the
Transportation Law to subject stretch limousines having a seating capac-
ity of nine or more passengers, including the driver, to Department of
Transportation (DOT) safety requirements.
 
Section two amends subdivision one of § 501-a of the Vehicle and Traffic
Law to amend the definition of commercial driver's license (CDL) to
include the operation of stretch limousines having a seating capacity of
nine or more passengers, including the driver.
 
Section three amends subparagraphs (ii) and (v) of paragraph (a) of
subdivision two of § 501 of the Vehicle and Traffic Law to provide a
technical clarification of the class B CDL, and to prohibit the opera-
tion of stretch limousines having a seating capacity of nine or more
passengers, including the driver, with a class E driver's license.
 
Section four amends subparagraph (iv) of paragraph (b) of subdivision 2
of § 501 of the Vehicle and Traffic Law, to require operators of stretch
limousines having a seating capacity of nine or more passengers includ-
ing the driver to obtain a P endorsement on their CDL.
 
Section five provides the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
The amendment provides technical adjustments relating to subjecting
stretch limousines to DOT's safety regulations and requiring operators
to hold commercial drivers' licenses and obtain a P endorsement, and
amends the effective date.
 
 
JUSTIFICATION:
 
Recent tragic limousine crashes throughout New York State have high-
lighted the need for additional safety measures in the limousine indus-
try. This legislation requires individuals who operate limousines to
possess a commercial driver's license with a passenger (P) endorsement.
In order to get a commercial driver's license with a P endorsement, the
New York State Department of Motor Vehicles requires knowledge and
training regarding passenger safety, extensive vehicle inspections,
speed and common obstacles faced by large passenger vehicles.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.

A08474 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8474--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 8, 2019
                                       ___________
 
        Introduced  by M. of A. SANTABARBARA, TAGUE -- read once and referred to
          the Committee on Transportation -- recommitted  to  the  Committee  on
          Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT to amend the transportation law and the vehicle and traffic law,
          in relation to stretch limousine safety requirements and changing  the
          class of license required to operate stretch limousines
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 11 and 12 of section 151 of the transportation
     2  law, subdivision 11 as amended and subdivision 12 as  added  by  chapter
     3  330 of the laws of 2005, are amended to read as follows:
     4    11.  As  a  taxi or livery service, except for transportation services
     5  that are designed  for  the  transportation  of  transportation-disabled
     6  persons,  conducted  in  vehicles having a seating capacity of less than
     7  fifteen passengers pursuant to the jurisdiction or regulatory control of
     8  a municipality, other than a city with a population  over  one  million,
     9  authorized  to  adopt  an  ordinance  relating  to both registration and
    10  licensing pursuant to subdivision one of section one hundred  eighty-one
    11  of  the  general  municipal law, when service is conducted wholly within
    12  such municipality and when such service  is  available  to  the  general
    13  public on a prearranged or demand-response basis over a non-specified or
    14  irregular route with the point or points of pick-up and discharge deter-
    15  mined  by  the  passenger,  but  such  taxi  or livery service shall not
    16  include van service. For the  purpose  of  this  subdivision,  the  term
    17  "livery service" shall include the term "limousines" as used in subdivi-
    18  sion one of section one hundred eighty-one of the general municipal law.
    19  Provided,  however,  that altered motor vehicles commonly referred to as
    20  "stretch limousines" having a seating capacity of nine or  more  passen-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11417-08-9
        A. 8474--A                          2
 
     1  gers  including the driver shall be subject to the provisions of section
     2  one hundred forty of this chapter.
     3    12. As a taxi or livery service conducted in vehicles having a seating
     4  capacity  of  twenty  passengers or less pursuant to the jurisdiction or
     5  regulatory control of a city with a population over  one  million,  when
     6  such  service is conducted wholly within such a city; provided, however,
     7  that vehicles having a seating capacity of fifteen  or  more  passengers
     8  and  altered motor vehicles commonly referred to as "stretch limousines"
     9  having a seating capacity of nine or more passengers including the driv-
    10  er shall be subject to the provisions of section one  hundred  forty  of
    11  this chapter.
    12    § 2. Subdivision 1 of section 501-a of the vehicle and traffic law, as
    13  added by chapter 173 of the laws of 1990, is amended to read as follows:
    14    1. Commercial driver's license or CDL. A class A or B driver's license
    15  or  a  class  C  driver's  license which bears an H, P or X endorsement,
    16  which licenses contain the legend  commercial  driving  license  or  CDL
    17  thereon  and  which  is  issued  in accordance with the commercial motor
    18  vehicle safety act of 1986, public law 99-570, title XII, and this arti-
    19  cle which authorizes a person to operate a commercial motor vehicle  and
    20  an  altered  motor vehicle commonly referred to as a "stretch limousine"
    21  having a seating capacity of nine or more passengers including the driv-
    22  er.
    23    § 3. Subparagraphs (ii) and (v) of paragraph (a) of subdivision  2  of
    24  section 501 of the vehicle and traffic law, subparagraph (ii) as amended
    25  by  chapter  696  of  the laws of 1990, and subparagraph (v) as added by
    26  chapter 173 of the laws of 1990, are amended to read as follows:
    27    (ii) Class B. Such license shall be valid to operate  any  vehicle  or
    28  combination of vehicles which may be operated with a class E license and
    29  shall  be  valid to operate any motor vehicle or any such vehicle, other
    30  than a tractor, towing a vehicle having a GVWR  of  not  more  than  ten
    31  thousand  pounds and shall be valid to operate any altered motor vehicle
    32  commonly referred to as a "stretch limousine" having a seating  capacity
    33  of  nine  or more passengers including the driver except it shall not be
    34  valid to operate a motorcycle other than a class  B  or  C  limited  use
    35  motorcycle.
    36    (v)  Class  E.  Such  license  shall be valid to operate only vehicles
    37  which may be operated with a class D license, except that in addition it
    38  shall be valid to operate any such motor vehicle, other than  a  vehicle
    39  defined  as  a  bus in subdivision one of section five hundred nine-a of
    40  this chapter, used to transport up to fourteen passengers for  hire  and
    41  other  than  an altered motor vehicle commonly referred to as a "stretch
    42  limousine" having a seating capacity of nine or more passengers  includ-
    43  ing the driver.
    44    §  4.  Subparagraph  (iv) of paragraph (b) of subdivision 2 of section
    45  501 of the vehicle and traffic law, as amended by section 4 of part E of
    46  chapter 58 of the laws of 2016, is amended to read as follows:
    47    (iv) P endorsement. Shall be required to operate a bus as  defined  in
    48  sections  one  hundred four and five hundred nine-a of this chapter, any
    49  altered motor vehicle commonly referred  to  as  a  "stretch  limousine"
    50  having a seating capacity of nine or more passengers including the driv-
    51  er  or  any  motor  vehicle with a gross vehicle weight or gross vehicle
    52  weight rating of more than twenty-six thousand pounds which is  designed
    53  to  transport  passengers in commerce. For the purposes of this subpara-
    54  graph the gross vehicle weight of a vehicle shall mean the actual weight
    55  of the vehicle and the load.
        A. 8474--A                          3
 
     1    § 5. This act shall take effect one year after it shall have become  a
     2  law. Effective immediately, the addition, amendment and/or repeal of any
     3  rule  or  regulation necessary for the implementation of this act on its
     4  effective date are authorized to be made and completed on or before such
     5  effective date.

A08474 LFIN:

 
NO LFIN

A08474 Chamber Video/Transcript: