NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11388
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.
