New York State Assembly

 
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A09056 Summary:

A09056 Actions:

A09056 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

A09056 Floor Votes:

A09056 Memo:

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



 
BILL NUMBER: A9056               REVISED 01/13/2020
 
SPONSOR: Magnarelli

 
TITLE OF BILL:
 
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
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
Authorizes and requires the Department of Transportation (DOT) to
impound or immobilize stretch limousines that fail State safety
inspections and are placed out of service, until the vehicle is safely
repaired.
 
 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph b of subdivision 9 of section 140 of the
Transportation law to authorize the Department of Transportation (DOT)
to impound or immobilize stretch limousines with serious safety
violations. The vehicle will remain impounded at a non-public garage or
other place of safety, or immobilized, until repairs have been arranged
and DOT has re-inspected the vehicle. DOT will provide vehicle owners
with notice of the impoundment or immobilization and the reasons there-
for, and provide owners with an opportunity to be heard. Finally, DOT
will provide written notice to owners or operators of repair shops or
non-public impoundment lots that impounded vehicles shall not be
released without DOT's written approval. Release without such written
approval is punishable by a fine of up to $10,000.
 
Section 2 establishes the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Not applicable.
 
 
JUSTIFICATION:
 
Recent deadly accidents involving stretch limousines in Schoharie and
Cutchogue show the need for additional measures to get vehicles that
fail safety inspections off the road. This legislation gives DOT the
authority to impound or immobilize vehicles that fail safety inspections
for serious defects. It provides a process for owners to be notified and
gives them time to initiate and complete repairs.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
To be determined.
 
 
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.

A09056 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9056
 
                   IN ASSEMBLY
 
                                    January 10, 2020
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation
 
        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
    17  to this paragraph shall be a  misdemeanor.  The  commissioner  of  motor
    18  vehicles  shall  have  the  authority  to deny a registration or renewal
    19  application to any other person for the same vehicle where it  has  been
    20  determined  that such registrant's intent has been to evade the purposes
    21  of this paragraph and where  the  commissioner  of  motor  vehicles  has
    22  reasonable  grounds  to  believe  that such registration or renewal will
    23  have the effect of defeating the purposes of this paragraph. The  proce-
    24  dure  on  any  such  suspension  shall  be  the same as in the case of a
    25  suspension under the vehicle and traffic law. Operation  of  such  motor
    26  vehicle  while  under  suspension  as provided in this subdivision shall
    27  constitute a class A misdemeanor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14786-01-0
        A. 9056                             2
 
     1    (ii) (a) Upon the seizure of number plates  pursuant  to  subparagraph
     2  (i)  of  this paragraph, if the out-of-service defect is of a type where
     3  pursuant to the commissioner's  regulations  no  inspection  certificate
     4  will  be  issued  until  the  defect  is repaired and a re-inspection is
     5  conducted,  or  is  related to its horn, and the commissioner determines
     6  that allowing the altered motor vehicle to  leave  the  inspection  area
     7  would  be contrary to public safety, the commissioner may: (A) remove or
     8  arrange for the removal of, or may direct any police officer  to  remove
     9  or arrange for the removal of, the altered motor vehicle to a non-public
    10  garage or other place of safety where it shall remain impounded, subject
    11  to  the provisions of this section; or (B) immobilize or arrange for the
    12  immobilization of the altered motor vehicle on premises owned  or  under
    13  the  control  of the owner of such altered motor vehicle, subject to the
    14  provisions of this section.  The altered motor vehicle shall be  entered
    15  into  the  New York statewide police information network as an impounded
    16  or immobilized vehicle and the commissioner shall  promptly  notify  the
    17  owner  that  the altered motor vehicle has been impounded or immobilized
    18  and the reason or reasons for such impoundment  or  immobilization,  and
    19  give  such  owner an opportunity to be heard within not more than thirty
    20  days of the suspension imposed pursuant  to  subparagraph  (i)  of  this
    21  paragraph.
    22    (b) A motor vehicle so impounded or immobilized shall be in the custo-
    23  dy of the commissioner and shall not be released unless the commissioner
    24  is  satisfied that repairs have been scheduled or been made to satisfac-
    25  torily adjust such vehicle's out-of-service defect or defects  and  such
    26  vehicle has been re-inspected.
    27    (c)  The  commissioner  shall  provide  written notice to the owner or
    28  operator of the service repair shop or impoundment  lot  informing  them
    29  that  such  impounded  vehicle shall not be released without the written
    30  approval of the commissioner. Release of such impounded vehicle  without
    31  approval  by the commissioner shall be punishable by a fine of up to ten
    32  thousand dollars;
    33    § 2. This act shall take effect one year after it shall have become  a
    34  law. Effective immediately, the addition, amendment and/or repeal of any
    35  rule  or  regulation necessary for the implementation of this act on its
    36  effective date are authorized to be made and completed on or before such
    37  effective date.

A09056 LFIN:

 
NO LFIN

A09056 Chamber Video/Transcript: