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A11388 Summary:

SPONSORRules (Abinanti)
COSPNSRJaffee, Ortiz, Mosley, Stirpe, Thiele, Montesano, McDonough, Gottfried, D'Urso, Galef, Schimminger
Amd §2, add §160, Transp L
Relates to enacting the stretch limousine safety act.
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A11388 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rules (Abinanti)
  TITLE OF BILL: An act to amend the transportation law, in relation to enacting the stretch limousine safety act   PURPOSE OR GENERAL IDEA OF BILL: To create a more comprehensive and thorough approach to the inspection and licensure of stretch limousines.   SUMMARY OF PROVISIONS: Section 1 of the bill sets forth the title "stretch limousine safety act". Section 2 amends the transportation law by adding a new subdivision 30-a to define stretch limousine. Section 3 amends the transportation law by adding a new section 160 to: 1. Require stretch limousines be retired from service after 10 years from the date such stretch limousine was first registered in any state. 2. Require stretch limousine carriers to maintain minimum liability insurance coverage of $2 million per accident and prohibit a person from operating a stretch limousine without proof of the required insurance coverage. The failure to comply would result in a misdemeanor for both the driver and owner of the vehicle. 3. Prohibit a carrier from transporting passengers in a vehicle that fails a DOT safety inspection. If a vehicle fails inspection, the carri- er will have 10 days to correct the violation(s) and have the vehicle reinspected by DOT. If the vehicle is not inspected within 10 days, the commissioner may impound the vehicle. 4. Require stretch limousine carriers to affix to the passenger door of the vehicle, a certificate, which must be the size of a license plate, evidencing a successful safety inspection and the date of such inspection. 5. Require the carrier of a stretch limousine that fails a safety inspection to affix to the passenger door a notice, which must be the size of a license plate, that such limousine is not fit to transport passengers. Failure to affix the required certificate or notice shall be a misdemeanor. 6. Require operators of stretch limousines to attend a safety training course for the operation of a stretch limousine and demonstrate completion of said course to be eligible for licensure under state law. The commissioner shall promulgate rules and regulations for said safety course. Section 4 is the effective date.   JUSTIFICATION: On October 6, 2018, a stretch limousine crashed, killing 20 people in Schoharie, NY. It was the nation's deadliest transportation accident since 2009. In all, 17 passengers, the driver and 2 pedestrians were killed. Since this tragic accident, news reports have highlighted that regulation of the operation of stretch limousines in New York State is unclear and not cohesive. Stretch limousine is not defined anywhere in State Law and appears to be covered by a patchwork of regulations. Stretch limousines are regular cars or SW's which have been modified to extend their bodies in order to add additional passenger seating. The process used to lengthen a vehicle can threaten the structural integrity and safety features of a vehicle. Stretch limousines are cut up and put back together with parts that were not originally designed for that vehicle. In addition, the modifications add several thousand pounds of new framework, plastic, and metal to the vehicle. This causes signif- icant safety concerns for stretch limousines if brakes and other equip- ment are not improved along with the modifications. While most limousine operators take the safety of their passengers and drivers seriously, there appear to be some operators who do not and put their passengers' and drivers' safety at risk. This bill would define stretch limousine for the first time in New York State law. In addition, it would create a more comprehensive approach to the inspection and licensure of these vehicles in order to increase safety.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law, provided, however, that effective immediately, the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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