Bill Text: NY S01368 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires stretch limousines to be equipped with roll-over protection devices such as cages or pillars and anti-intrusion bars for the purpose of protecting rear compartment passengers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01368 Detail]

Download: New_York-2023-S01368-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1368

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the vehicle and traffic  law,  in  relation  to  stretch
          limousine roll-over and anti-intrusion protection

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 375 of the vehicle and traffic law  is  amended  by
     2  adding a new subdivision 55 to read as follows:
     3    55.  Stretch  limousine  anti-intrusion  protection.  (a)  It shall be
     4  unlawful to operate or cause to be operated a stretch  limousine  regis-
     5  tered in this state on any public highway or private road open to public
     6  motor  vehicle  traffic  unless  such vehicle is equipped with roll-over
     7  protection devices such as cages or pillars and anti-intrusion bars  for
     8  the  purpose  of  protecting  rear  compartment  passengers, which shall
     9  conform to standards prescribed by the commissioner of transportation in
    10  consultation with the commissioner.
    11    (b) For the purposes of this subdivision:
    12    (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
    13  seating  capacity  of  nine  or  more  passengers, including the driver,
    14  commonly referred to as a "stretch limousine" and which is used  in  the
    15  business of transporting passengers for compensation.
    16    (ii)  "Stretch  limousine" shall exclude a historical motor vehicle or
    17  any other motor vehicle which is owned and  operated  as  an  exhibition
    18  piece  or collector's item, and is used for participation in club activ-
    19  ities, exhibits, tours, parades, occasional transportation  and  similar
    20  uses,  but  not  used  in  the  business  of transporting passengers for
    21  compensation.
    22    § 2. Severability. If any clause,  sentence,  subdivision,  paragraph,
    23  section or part of this act be adjudged by any court of competent juris-
    24  diction  to  be  invalid, or if any federal agency determines in writing
    25  that this act would render New York state ineligible for the receipt  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01847-01-3
        S. 1368                             2

     1  federal  funds, such judgment or written determination shall not affect,
     2  impair or invalidate the remainder thereof, but shall be confined in its
     3  operation to the clause, sentence, subdivision,  paragraph,  section  or
     4  part thereof directly involved in the controversy in which such judgment
     5  or written determination shall have been rendered.
     6    § 3. This act shall take effect two years after it shall have become a
     7  law.  Provided,  however,  that this act shall be deemed repealed if any
     8  federal agency determines in writing that this act would render New York
     9  state ineligible for the receipt of federal funds or any court of compe-
    10  tent jurisdiction finally determines that this act would render New York
    11  state out of compliance with federal law or regulation. The commissioner
    12  of motor vehicles or the commissioner of transportation shall notify the
    13  legislative bill drafting commission upon the occurrence of any  federal
    14  agency  determining in writing that this act would render New York state
    15  ineligible for the receipt of federal funds or any  court  of  competent
    16  jurisdiction  finally  determines  that  this  act would render New York
    17  state out of compliance with federal law or regulation in order that the
    18  commission may maintain an accurate and timely effective  data  base  of
    19  the official text of the laws of the state of New York in furtherance of
    20  effectuating  the  provisions  of  section 44 of the legislative law and
    21  section 70-b of the public officers law.    Effective  immediately,  the
    22  addition,  amendment  and/or  repeal of any rule or regulation necessary
    23  for the implementation of this act on its effective date are  authorized
    24  to be made and completed on or before such effective date.