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A04950 Summary:

BILL NOA04950A
 
SAME ASSAME AS S06321-A
 
SPONSORSolages
 
COSPNSRSillitti
 
MLTSPNSR
 
Amd §375, V & T L
 
Requires charter buses to have commercial global positioning (GPS) technology; defines terms; makes related provisions.
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A04950 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4950--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 9, 2021
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Transportation -- committee discharged, bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to requiring
          every charter bus registered in this state be equipped with commercial
          global positioning system technology
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  54 of section 375 of the vehicle and traffic
     2  law, as added by chapter 11 of the laws of 2020, is amended to  read  as
     3  follows:
     4    54.  Stretch  limousine  and  charter  bus  commercial  GPS. (a) Every
     5  stretch limousine and charter bus registered  in  this  state  shall  be
     6  equipped  with  commercial  global  positioning  system (GPS) technology
     7  within no later than one year of the date upon which the national  high-
     8  way  traffic  safety administration promulgates final regulations estab-
     9  lishing standards for commercial GPS.
    10    (b) It shall be unlawful to operate or cause to be operated a  stretch
    11  limousine  or charter bus registered in this state on any public highway
    12  or private road open to public motor vehicle traffic unless such stretch
    13  limousine or charter bus is equipped with commercial global  positioning
    14  system (GPS) technology as required by this subdivision and such commer-
    15  cial global positioning system (GPS) technology is used. The presence in
    16  such  stretch  limousine or charter bus of commercial global positioning
    17  system (GPS) technology connected to a power source and in  an  operable
    18  condition  is  presumptive  evidence  of its use by any person operating
    19  such stretch limousine or charter bus. Such presumption may be  rebutted
    20  by  any  credible  and  reliable  evidence which tends to show that such
    21  commercial global positioning system (GPS) technology was not in use.
    22    (c) For the purposes of this subdivision:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09003-06-1

        A. 4950--A                          2
 
     1    (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
     2  seating  capacity  of  nine  or  more  passengers, including the driver,
     3  commonly referred to as a "stretch limousine" and which is used  in  the
     4  business of transporting passengers for compensation; [and]
     5    (ii)  "Charter  bus"  shall  mean  a  bus  transporting passengers for
     6  compensation in a chartered party;
     7    (iii) "Chartered party" shall mean a group of persons who, pursuant to
     8  a common purpose and under a single contract and at a fixed charge, have
     9  acquired exclusive use of a bus to travel  together  as  a  group  to  a
    10  specific destination or for a particular itinerary either agreed upon in
    11  advance or modified after having left the place of origin by such group;
    12  and
    13    [(ii)]  (iv)  "Commercial  global positioning system (GPS) technology"
    14  shall mean global positioning system (GPS)  technology  which  has  been
    15  specifically  designed  to  assist in the navigation of commercial motor
    16  vehicles.
    17    § 2. Severability. If any clause,  sentence,  subdivision,  paragraph,
    18  section or part of this act be adjudged by any court of competent juris-
    19  diction  to  be  invalid, or if any federal agency determines in writing
    20  that this act would render New York state ineligible for the receipt  of
    21  federal  funds  such judgment or written determination shall not affect,
    22  impair or invalidate the remainder thereof, but shall be confined in its
    23  operation to the clause, sentence, subdivision,  paragraph,  section  or
    24  part thereof directly involved in the controversy in which such judgment
    25  or written determination shall have been rendered.
    26    § 3. This act shall take effect on the one hundred eightieth day after
    27  it  shall  have  become a law; provided, however, that this act shall be
    28  deemed repealed if any federal agency determines in  writing  that  this
    29  act  would  render  New York state ineligible for the receipt of federal
    30  funds or any court of competent  jurisdiction  finally  determines  that
    31  this  act would render New York state out of compliance with federal law
    32  or regulation; provided, further, that the commissioner  of  transporta-
    33  tion  shall  notify  the  legislative  bill drafting commission upon the
    34  occurrence of the provisions of section two of this act  in  order  that
    35  the  commission  may maintain an accurate and timely effective data base
    36  of the official text of the laws of the state of New York in furtherance
    37  of effectuating the provisions of section 44 of the legislative law  and
    38  section  70-b  of  the  public  officers law. Effective immediately, the
    39  addition, amendment and/or repeal of any rule  or  regulation  necessary
    40  for  the implementation of this act on its effective date are authorized
    41  to be made and completed on or before such effective date.
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