Bill Text: NY S01370 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for a fine of not less than ten thousand dollars for each offense committed, or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment for a class A misdemeanor where a stretch limousine has failed an inspection but an operator still operates such vehicle; provides for the seizure and redemption of unlawfully operated and unsafe commercial motor vehicles by an officer; requires such vehicle information to be entered into the New York statewide police information network as an impounded vehicle; makes related provisions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01370 Detail]
Download: New_York-2023-S01370-Introduced.html
Bill Title: Provides for a fine of not less than ten thousand dollars for each offense committed, or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment for a class A misdemeanor where a stretch limousine has failed an inspection but an operator still operates such vehicle; provides for the seizure and redemption of unlawfully operated and unsafe commercial motor vehicles by an officer; requires such vehicle information to be entered into the New York statewide police information network as an impounded vehicle; makes related provisions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01370 Detail]
Download: New_York-2023-S01370-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1370 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 transportation law and the vehicle and traffic law, in relation to stretch limousines The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (b) of subdivision 9 of 2 section 140 of the transportation law, as amended by chapter 9 of the 3 laws of 2020, is amended to read as follows: 4 (i) Whenever an altered motor vehicle commonly referred to as a 5 "stretch limousine" has failed an inspection and been placed out-of-ser- 6 vice, the commissioner may direct a police officer or his or her agent 7 to immediately secure possession of the number plates of such vehicle 8 and return the same to the commissioner of motor vehicles. The commis- 9 sioner shall notify the commissioner of motor vehicles to that effect, 10 and the commissioner of motor vehicles shall thereupon suspend the 11 registration of such vehicle until such time as the commissioner gives 12 notice that the out-of-service defect has been satisfactorily adjusted. 13 Provided, however, that the commissioner shall give notice and an oppor- 14 tunity to be heard within not more than thirty days of the suspension. 15 Failure of the holder or of any person possessing such plates to deliver 16 to the commissioner or his or her agent who requests the same pursuant 17 to this paragraph shall be a misdemeanor. The commissioner of motor 18 vehicles shall have the authority to deny a registration or renewal 19 application to any other person for the same vehicle where it has been 20 determined that such registrant's intent has been to evade the purposes 21 of this paragraph and where the commissioner of motor vehicles has 22 reasonable grounds to believe that such registration or renewal will 23 have the effect of defeating the purposes of this paragraph. The proce- 24 dure on any such suspension shall be the same as in the case of a 25 suspension under the vehicle and traffic law. Operation of such motor EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05583-01-3S. 1370 2 1 vehicle while under suspension as provided in this subdivision shall 2 constitute a class A misdemeanor punishable by a fine of not less than 3 ten thousand dollars for each offense committed, or by imprisonment for 4 not more than one hundred eighty days or by both such fine and imprison- 5 ment. 6 § 2. The vehicle and traffic law is amended by adding a new section 7 511-e to read as follows: 8 § 511-e. Seizure and redemption of unlawfully operated and unsafe 9 commercial motor vehicles. 1. Upon determining that a commercial motor 10 vehicle is operating with an out-of-service defect that is of a type 11 where pursuant to the department of transportation's regulations no 12 inspection would be issued until the defect is repaired and a re-inspec- 13 tion is conducted, or is related to its horn, and an officer, in consul- 14 tation with the department of transportation, determines that allowing 15 the commercial motor vehicle to continue operating would be contrary to 16 public safety, such officer may remove or arrange for the removal of the 17 vehicle to a garage, automobile pound, or other place of safety where it 18 shall remain impounded, subject to the provisions of this section. The 19 vehicle shall be entered into the New York statewide police information 20 network as an impounded vehicle and the impounding police department 21 shall promptly notify the owner and the local authority that the vehicle 22 has been impounded. 23 2. A commercial motor vehicle so impounded shall be in the custody of 24 the local authority and shall not be released unless: 25 (a) The person who redeems it has furnished satisfactory evidence of 26 registration and financial security; 27 (b) Payment has been made for the reasonable costs of removal and 28 storage of the commercial motor vehicle. The registered owner of the 29 vehicle shall be responsible for such payment provided. Payment prior to 30 release of the vehicle shall not be required in cases where the impound- 31 ed vehicle was stolen or was rented or leased pursuant to a written 32 agreement for a period of thirty days or less, however the operator of 33 such a vehicle shall be liable for the costs of removal and storage of 34 the vehicle to any entity rendering such service. 35 (c) Where the commercial motor vehicle was operated by a person who at 36 the time of the offense was the owner thereof, (i) satisfactory evidence 37 that the registered owner or other person seeking to redeem the vehicle 38 has a license or privilege to operate a motor vehicle in this state, and 39 (ii)(A) satisfactory evidence that the out-of-service defect or defects 40 forming the basis for such seizure or impoundment have been repaired or 41 the registered owner has provided satisfactory evidence that the vehicle 42 will be permanently taken out of service, or (B) a certificate issued by 43 the court or administrative tribunal in which the seizure action was 44 commenced ordering release of the vehicle prior to the judgment or 45 compliance therewith in the interest of justice, or (C) a certificate 46 issued by the commissioner of transportation or other officer authorized 47 to enforce compliance with remedying out-of-service defects has waived 48 the authorization to hold the vehicle after finding that such release 49 would not be contrary to public safety. 50 3. When a commercial motor vehicle seized and impounded pursuant to 51 this section has been in the custody of the local authority for thirty 52 days, such authority shall make inquiry in the manner prescribed by the 53 commissioner as to the name and address of the owner and any lienholder 54 and upon receipt of such information shall notify the owner and the 55 lienholder, if any, at his or her last known address by certified mail, 56 return receipt requested, that if the vehicle is not retrieved pursuantS. 1370 3 1 to subdivision two of this section within thirty days from the date the 2 notice is given, it may be forfeited. If the vehicle was registered in 3 New York state, the last known address shall be that address on file 4 with the commissioner. If the vehicle was registered out-of-state or 5 never registered, notification shall be made in the manner prescribed by 6 the commissioner. 7 4. A commercial motor vehicle that has been seized and not retrieved 8 pursuant to the foregoing provisions of this section may be forfeited to 9 the local authority upon expiration of the period of the notice set 10 forth in subdivision three of this section provided, however, in comput- 11 ing such period, the period of time during which a criminal prosecution 12 or administrative hearing is or was pending against the owner for poten- 13 tial violations shall be excluded. A proceeding to decree such forfei- 14 ture and to recover towing and storage costs, if any, to the extent such 15 costs exceed the fair market value of the vehicle may be brought by the 16 local authority in the court or administrative tribunal in which the 17 civil or criminal action was commenced by petition for an order decree- 18 ing forfeiture of the motor vehicle, accompanied by an affidavit attest- 19 ing to facts showing that forfeiture is warranted. If the identity and 20 address of the owner and/or lienholder is known to the local authority, 21 ten days' notice shall be given to such party, who shall have an oppor- 22 tunity to appear and be heard prior to entry of an order decreeing 23 forfeiture. Where the court or administrative tribunal is satisfied that 24 forfeiture of a motor vehicle is warranted in accordance with this 25 section, it shall enter an order decreeing forfeiture of such vehicle. 26 Provided, however, that the court or administrative tribunal at any time 27 prior to entry of such an order may authorize release of the vehicle in 28 accordance with subdivision two of this section upon a showing of good 29 cause for failure to retrieve same prior to commencement of the proceed- 30 ing to decree forfeiture, but if the court or administrative tribunal 31 orders release of the motor vehicle as herein provided and the vehicle 32 is not redeemed within ten days from the date of such order, the vehicle 33 shall be deemed to have been abandoned and the court or administrative 34 tribunal upon application of the local authority must enter an order 35 decreeing its forfeiture. 36 5. A motor vehicle forfeited in accordance with the provisions of this 37 section shall be and become the property of the local authority, subject 38 however to any lien that was recorded prior to the seizure. 39 6. (a) For the purposes of this section, the term "local authority" 40 means the municipality in which the commercial motor vehicle was seized; 41 except that if the vehicle was seized on property of the New York state 42 thruway authority or property under the jurisdiction of the office of 43 parks, recreation and historic preservation, the department of transpor- 44 tation, or a public authority or commission, the term "local authority" 45 means such authority, office, department, or commission. A county may 46 provide by local law that the county may act as the agent for a local 47 authority under this section. 48 (b) For the purposes of this section, the term "commercial motor vehi- 49 cle" shall mean a self-propelled or towed motor vehicle used on a high- 50 way in commerce to transport passengers or property as defined pursuant 51 to 17 NYCRR Part 820. 52 7. When a commercial motor vehicle has been seized and impounded 53 pursuant to this section, the local authority or any person having 54 custody of the vehicle shall make the vehicle available or grant access 55 to it to any owner or any person designated or authorized by such owner 56 for the purpose of (a) taking possession of any personal property foundS. 1370 4 1 within the vehicle, and (b) obtaining proof of registration, financial 2 security, title or documentation in support thereof, and (c) curing the 3 out-of-service defect or defects. 4 § 3. This act shall take effect one year after it shall have become a 5 law. Effective immediately, the addition, amendment and/or repeal of any 6 rule or regulation necessary for the implementation of this act on its 7 effective date are authorized to be made and completed on or before such 8 effective date.
