NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8405
SPONSOR: Jean-Pierre TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL:
This bill would put in place safety measures that were recommended by
the Grand Jury Report and also provide a proper level of insurance
protection for injuries caused by limousines.
SUMMARY OF PROVISIONS:
Section one of subdivision 4 of section 311 of the vehicle and traffic
law amends the limit, exclusive of interests and costs, with regard to a
limousine shall be a combined single limit of at least one million five
hundred thousands of dollars because of bodily injury of death to one or
more persons or because of injury or destruction of property in any one
accident, or the limit required by local law or regulation, whichever is
greater. Section two 311 amends the vehicle and traffic law by adding a
new subdivision 11 to read "limousines" mean a livery vehicle that has a
seating capacity of eight or more passengers and which provides prear-
ranged passenger transportation on a dedicated, nonscheduled, charter
basis, where the charge is based on a flat rate or per unit of time or
mileage. Section three 312 of the vehicle and traffic law is amended by
adding a new subdivision 6 stating standards in which a limousine can
operate. Section four is amended to read as follows, the vehicle opera-
tor, or such other person against loss from the liability imposed by law
for damages including damaged for care and loss of services because of
bodily injury to or death of any person and injury to or destruction of
property a rising out of the ownership. Section 5 reads damages for and
incident to death or injuries to persons. Section seven is amended to
read as follows, an applicant for a class E license shall be at least
twenty-three years of age. Section eight of the vehicle and traffic law
is amended to read as follows modified or stretch limousines with total
seating capacities of nine or more, including the driver, are prohibited
from making U-turns on any roadway. Sections nine states that this act
shall take effect immediately Provided that within sixty days after such
effective date all limousines subject to the provisions of this act
shall have in full force and effect an insurance policy or other permis-
sible bond. Section seven adds limousines with a sitting capacity of
nine or more to be define as a bus vehicle classification.
JUSTIFICATION:
Four young women were killed and four others badly injured when a limou-
sine made a U-turn at an intersection on Route 48 in the Suffolk County
town of Cutchogue on July 2015, leaving another driver with less than
two seconds to see it and try to avoid the crash. Raising the minimum
age of class E driver license holder to 23 years old and prohibiting
stretch limousines with a capacity of nine or more including the driver
from making illegal U-turns on all roadways of the state will provide a
safer environment.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8405
2017-2018 Regular Sessions
IN ASSEMBLY
June 13, 2017
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13113-01-7
A. 8405 2
1 respect to each such motor vehicle except a tow truck or limousine, of
2 twenty-five thousand dollars because of bodily injuries to and fifty
3 thousand dollars because of death of one person in any one accident and,
4 subject to said limit for one person, to a limit of fifty thousand
5 dollars because of bodily injury to and one hundred thousand dollars
6 because of death of two or more persons in any one accident, and to a
7 limit of ten thousand dollars because of injury to or destruction of
8 property of others in any one accident provided, however, that such
9 policy need not be for a period coterminous with the registration period
10 of the vehicle insured. The limit, exclusive of interest and costs, with
11 respect to a tow truck shall be a combined single limit of at least
12 three hundred thousand dollars because of bodily injury or death to one
13 or more persons or because of injury or destruction of property of
14 others in any one accident, and to a limit of twenty-five thousand
15 dollars because of damage to a vehicle in the care, custody and control
16 of the insured. The limit, exclusive of interests and costs, with regard
17 to a limousine shall be a combined single limit of at least one million
18 five hundred thousand dollars because of bodily injury or death to one
19 or more persons or because of injury or destruction of property in any
20 one accident, or the limit required by local law or regulation, whichev-
21 er is greater. Any insurer authorized to issue an owner's policy of
22 liability insurance as provided for in this article may, pending the
23 issue of such a policy, make an agreement, to be known as a binder, or
24 may, in lieu of such a policy, issue a renewal endorsement or evidence
25 of renewal of an existing policy; each of which shall be construed to
26 provide indemnity or protection in like manner and to the same extent as
27 such a policy. The provisions of this article shall apply to such bind-
28 ers, renewal endorsements or evidences of renewal. Every such policy
29 issued insuring private passenger vehicles and every renewal policy,
30 renewal endorsement, or other evidence of renewal issued shall have
31 attached thereto a rating information form which clearly specifies and
32 defines the rating classification assigned thereto, including any appli-
33 cable merit rating plan; and
34 § 2. Section 311 of the vehicle and traffic law is amended by adding a
35 new subdivision 11 to read as follows:
36 11."Limousine" means a livery vehicle that has a seating capacity of
37 eight or more passengers and which provides prearranged passenger trans-
38 portation on a dedicated, nonscheduled, charter basis, where the charge
39 is based on a flat rate or per unit of time or mileage, or a vehicle
40 classified as a luxury limousine as defined by the taxi and limousine
41 commission of New York city or Westchester county or licensed by a muni-
42 cipality of the Nassau county and registered with the Nassau county.
43 Service by a limousine that begins and ends in this state is deemed
44 intra-state even if it passes outside this state during a portion of the
45 trip. This does not include a taxicab that is not operated on a regular
46 route or between specified points, a vehicle carrying less than sixteen
47 individuals in a single daily round trip to commute to and from work, or
48 a motor vehicle transporting only school children and teachers to or
49 from a school or an extracurricular activity organized and funded by a
50 school district.
51 § 3. Section 312 of the vehicle and traffic law is amended by adding a
52 new subdivision 6 to read as follows:
53 6. (a) No limousine shall operate as such in this state unless, upon
54 the registration of the limousine with the department, the application
55 for such registration is accompanied by proof of financial security
56 required by section three hundred eleven of this article which shall be
A. 8405 3
1 evidence by proof of insurance or evidence of a financial security bond,
2 a financial security deposit or qualification as a self-insurer under
3 section three hundred sixteen of this article; provided, that if
4 directed by regulation of the commissioner, upon renewal of registration
5 an application accompanied by a certificate of registration or renewal
6 stub in force immediately preceding the date of application for renewal,
7 together with a statement in a form prescribed by the commissioner
8 certifying that there is in effect proof of financial security, shall
9 meet the requirements of this section.
10 (b) The owner, and registrant if the registrant is different from the
11 owner, of such limousine shall maintain proof of financial security
12 continuously throughout the registration period, and failure to produce
13 proof of financial security when requested to do so upon demand of a
14 magistrate, motor vehicle inspector, peace officer acting pursuant to
15 his or her special duties, or police officer, while such vehicle is
16 being operated upon the public highways of this state, shall be presump-
17 tive evidence of operating a motor vehicle without proof of financial
18 security. Upon the production of proof of financial security such
19 presumption is removed. Production of proof of financial security may be
20 made by mailing such proof to the court having jurisdiction in the
21 matter, and any necessary response by such court or acknowledgment of
22 the production of such proof may also be made by mail.
23 (c) When insurance with respect to any limousine is terminated or
24 canceled, the owner shall surrender forthwith the registration certif-
25 icate and number plates of the vehicle to the commissioner unless proof
26 of financial security otherwise is maintained in compliance with this
27 article and section three hundred seventy of this title.
28 (d) Where the owner of a limousine fails to maintain the proof of
29 financial security required by this section, if the owner of any limou-
30 sine is a corporation, limited liability corporation, or other business
31 entity, the officers of such corporation or entity may be held
32 personally liable for any judgment entered against any driver and/or
33 registrant of the limousine for damages sustained as a result of
34 personal injury, wrongful death and/or property damage suffered as a
35 result of the use and operation of the limousine.
36 § 4. Paragraph 3 of subdivision (b) of section 345 of the vehicle and
37 traffic law, as amended by chapter 305 of the laws of 1995, is amended
38 to read as follows:
39 (3) Shall insure the insured, the vehicle operator, or such other
40 person against loss from the liability imposed by law for damages,
41 including damages for care and loss of services because of bodily injury
42 to or death of any person and injury to or destruction of property aris-
43 ing out of the ownership, maintenance, use, or operation of such motor
44 vehicle or motor vehicles within the state of New York, or elsewhere in
45 the United States in North America or the Dominion of Canada, subject to
46 a limit, exclusive of interest and cost, with respect to each such motor
47 vehicle, except a tow truck or a limousine as defined in subdivision
48 eleven of section three hundred eleven of this title, of twenty-five
49 thousand dollars because of bodily injury to or fifty thousand dollars
50 because of death of one person in any one accident and, subject to said
51 limit for one person, to a limit of fifty thousand dollars because of
52 bodily injury to or one hundred thousand dollars because of death of two
53 or more persons in any one accident, and to a limit of ten thousand
54 dollars because of injury to or destruction of property of others in any
55 one accident. The limit, exclusive of interest and costs, with respect
56 to a tow truck shall be a combined single limit of three hundred thou-
A. 8405 4
1 sand dollars because of bodily injury [of] or death to one or more
2 persons or because of injury or destruction of property of others in any
3 one accident, and to a limit of twenty-five thousand dollars because of
4 damage to a vehicle in the care, custody and control of the insured. The
5 limit, exclusive of interest and costs, with respect to a limousine as
6 defined in subdivision eleven of section three hundred eleven of this
7 title shall be a combined single limit of at least one million five
8 hundred thousand dollars because of bodily injury or death to one or
9 more persons or because of injury or destruction of property of others
10 in any one accident, or the limit required by local law or regulation,
11 whichever is greater.
12 § 5. Paragraphs (a) and (b) of subdivision 1 of section 370 of the
13 vehicle and traffic law, paragraph (a) as amended by chapter 305 of the
14 laws of 1995 and paragraph (b) as amended by chapter 613 of the laws of
15 2002, are amended to read as follows:
16 (a) For damages for and incident to death or injuries to persons: For
17 each motorcycle and for each motor vehicle which is intended pursuant to
18 this subdivision to be operated in a business of carrying or transport-
19 ing passengers for hire having a seating capacity of not more than seven
20 passengers, a bond or insurance policy with a minimum liability of twen-
21 ty-five thousand dollars and a maximum liability of fifty thousand
22 dollars for bodily injury, and a minimum liability of fifty thousand
23 dollars and a maximum liability of one hundred thousand dollars for
24 death; for each motor vehicle which is intended pursuant to this subdi-
25 vision to be operated in a business of carrying or transporting passen-
26 gers for hire having a seating capacity of not less than eight nor more
27 than [twelve] fourteen passengers, a bond or insurance policy with a
28 [minimum liability] combined single limit of [twenty-five] of at least
29 one million five hundred thousand dollars [and a maximum liability of
30 eighty thousand dollars] for bodily injury[, and a minimum liability of
31 fifty thousand dollars and a maximum liability of one hundred fifty
32 thousand dollars for] or death to one or more persons because of injury
33 or destruction of property in any one accident, or the limit required by
34 local law or regulation, whichever is greater; [for each motor vehicle
35 having a seating capacity of not less than thirteen nor more than twenty
36 passengers, a bond or insurance policy with a minimum liability of twen-
37 ty-five thousand dollars and a maximum liability of one hundred twenty
38 thousand dollars for bodily injury and a minimum liability of fifty
39 thousand dollars and a maximum liability of one hundred fifty thousand
40 dollars for death; for each motor vehicle having a seating capacity of
41 not less than twenty-one nor more than thirty passengers, a bond or
42 insurance policy with a minimum liability of twenty-five thousand
43 dollars and a maximum liability of one hundred sixty thousand dollars
44 for bodily injury and a minimum liability of fifty thousand dollars and
45 a maximum liability of two hundred thousand dollars for death; for each
46 motor vehicle having a seating capacity of more than thirty passengers,
47 a bond or insurance policy with a minimum liability of twenty-five thou-
48 sand dollars and a maximum liability of two hundred thousand dollars for
49 bodily injury and a minimum liability of fifty thousand dollars and a
50 maximum liability of two hundred fifty thousand dollars for death;]
51 (b) For damages for and incident to injury to or destruction of prop-
52 erty; for each motor vehicle and each motorcycle having a seating capac-
53 ity of fewer than eight passengers, a bond or insurance policy with a
54 minimum liability of ten thousand dollars.
55 Such bond or policy of insurance shall contain a provision for a
56 continuing liability thereunder, notwithstanding any recovery thereon.
A. 8405 5
1 Any such bond or policy of insurance shall also contain a provision that
2 such bond or policy of insurance shall inure to the benefit of any
3 person legally operating the motor vehicle or motorcycle in the business
4 of the owner and with his permission, in the same manner and under the
5 same conditions and to the same extent as to the owner. If at any time,
6 in the judgment of the commissioner, such bond or policy is not suffi-
7 cient for any cause the commissioner may require the owner of such motor
8 vehicle or motorcycle to replace such bond or policy with another
9 approved by the commissioner. A corporate surety or an insurance company
10 evidence of whose bond or policy has been so filed, must file a notice
11 in the office of the commissioner that upon the expiration of twenty
12 days from such filing such surety will cease to be liable upon such
13 bond, or in the case of such insurance company, that upon the expiration
14 of such time such policy will be cancelled; provided, however, that
15 where the owner of such motor vehicle or motorcycle has replaced cover-
16 age with another insurer, the expiration date shall be the date the new
17 coverage has commenced; further provided that where such owner has had a
18 total loss, the expiration date shall be the earlier of twenty days or
19 when the plates have been turned in to the commissioner. The commission-
20 er shall thereupon notify the owner of such motor vehicle or motorcycle
21 of the filing of such notice, and unless such owner shall file a new
22 bond or evidence of new bond or policy, as provided by this section, on
23 or before such date as shall be specified by the commissioner, or shall
24 place the number plates belonging to the motor vehicle or motorcycle in
25 the custody of the commissioner or his agent within such time, to remain
26 in such custody until a new bond or evidence of a new bond or policy is
27 filed, the registration of such motor vehicle or motorcycle shall be
28 revoked as of the date specified in said notice of the commissioner and
29 no new registration shall be issued for a period of thirty days. Forth-
30 with after his registration has been so revoked such owner shall return
31 the number plates issued for such vehicle to the commissioner. The
32 provisions of subdivision seven of section five hundred ten of this
33 chapter shall apply to such revocations.
34 Notwithstanding any contrary provision of this chapter, any such bond,
35 or policy of insurance shall also provide for uninsured motorists cover-
36 age in the minimal amount and in the form provided for in subsection (f)
37 of section three thousand four hundred twenty of the insurance law.
38 Nothing in this subdivision shall be construed to prevent compliance
39 therewith by filing a combination of bonds or policies or of a bond and
40 policy or evidence thereof if the commissioner approves and the require-
41 ments of this subdivision are otherwise met.
42 § 6. Paragraph (b) of subdivision 2 of section 502 of the vehicle and
43 traffic law, as amended by chapter 520 of the laws of 1991, is amended
44 to read as follows:
45 (b) Except as provided in paragraph (a) of this subdivision an appli-
46 cant for a class B[,] or C [or E] license shall be at least eighteen
47 years of age and an applicant for a class E license shall be at least
48 twenty-three years of age.
49 § 7. Subdivision (1) of section 509-a of the vehicle and traffic law,
50 as amended by chapter 853 of the laws of 1992, is amended to read as
51 follows:
52 (1) bus shall mean every motor vehicle, owned, leased, rented or
53 otherwise controlled by a motor carrier, which (a) is a school bus as
54 defined in section one hundred forty-two of this chapter or has a seat-
55 ing capacity of more than ten adult passengers in addition to the driver
56 and which is used for the transportation of persons under the age of
A. 8405 6
1 twenty-one or persons of any age who are mentally or physically disabled
2 to a place of vocational, academic or religious instruction or religious
3 service including nursery schools, day care centers and camps, (b) is
4 required to obtain approval to operate in the state as a common or
5 contract carrier of passengers by motor vehicle from the commissioner of
6 transportation, or the interstate commerce commission, (c) is regulated
7 as a bus line by a city that has adopted an ordinance, local law or
8 charter to regulate or franchise bus line operations pursuant to subdi-
9 vision four of section eighty of the transportation law, (d) is regu-
10 lated as a van service or other common carrier of passengers by motor
11 vehicle covered under article seven of the transportation law by a city
12 with a population of over one million pursuant to an ordinance or local
13 law adopted pursuant to subdivision five of section eighty of the trans-
14 portation law or (e) is operated by a transit authority or municipality
15 and is used to transport persons for hire. For the purposes of this
16 article, a bus shall be defined to include a limousine with a seating
17 capacity of nine or more, including the driver. Provided, however, that
18 bus shall not mean an authorized emergency vehicle operated in the
19 course of an emergency, or a motor vehicle used in the transportation of
20 agricultural workers to and from their place of employment;
21 § 8. Subdivision (e) of section 1160 of the vehicle and traffic law,
22 as added by chapter 294 of the laws of 1989, is amended to read as
23 follows:
24 (e) U-turns. U-turns shall be made from and to that portion of the
25 highway nearest the marked center line. Where more than one lane of a
26 highway has been designated for left turns, U-turns shall be made only
27 from the lane so designated that is adjacent to the marked center line.
28 Modified or stretch limousines with total seating capacities of nine or
29 more, including the driver, are prohibited from making U-turns on any
30 roadway.
31 § 9. This act shall take effect immediately; provided, however, that
32 within sixty days after such effective date all limousines subject to
33 the provisions of this act shall have in full force and effect an insur-
34 ance policy or other permissible bond, deposit, or qualification as
35 required by this act, and shall provide satisfactory proof of such
36 coverage to the commissioner of motor vehicles.
