Bill Text: NY S01443 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that a stretch limousine shall not be operated if it is more than ten years old or has more than 350,000 miles on the odometer, whichever occurs first; permits exceptions by the commissioner; provides for imputed odometer calculation in certain circumstances.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2024-06-07 - COMMITTED TO RULES [S01443 Detail]

Download: New_York-2023-S01443-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1443

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 12, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- 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 age and mileage parameters

          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  age  and  mileage parameters. (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 if the vehicle is more than ten years old or the
     7  cumulative mileage registered on the vehicle's  odometer  exceeds  three
     8  hundred fifty thousand miles.
     9    (b) For the purposes of this subdivision:
    10    (i)  "Stretch  limousine" shall mean an altered motor vehicle having a
    11  seating capacity of nine  or  more  passengers,  including  the  driver,
    12  commonly  referred  to as a "stretch limousine" and which is used in the
    13  business of transporting passengers for compensation.
    14    (ii) "Stretch limousine" shall exclude a historical motor  vehicle  or
    15  any  other  motor  vehicle  which is owned and operated as an exhibition
    16  piece or collector's item, and is used for participation in club  activ-
    17  ities,  exhibits,  tours, parades, occasional transportation and similar
    18  uses, but not used  in  the  business  of  transporting  passengers  for
    19  compensation.
    20    (c)  After  consultation  with the commissioner of transportation, the
    21  commissioner may provide for exceptions to paragraph (a) of this  subdi-
    22  vision  for  stretch  limousines  that  were manufactured or modified by
    23  coachbuilders and warrantied in accordance with the CMC or  QVM  process
    24  or  other comparable certification standards, or based upon demonstrated
    25  safety record history of compliance  with  article  nineteen-A  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01843-01-3
        S. 1443                             2

     1  title  and  absence  of out-of-service "B" or "C" defects pursuant to 17
     2  NYCRR 720.11.
     3    (d) (i) A stretch limousine with an odometer reading that differs from
     4  the  number of miles the stretch limousine has actually traveled or that
     5  has had a prior history involving the disconnection or malfunctioning of
     6  an odometer or which appears to the commissioner to have  an  inaccurate
     7  odometer  reading based on prior inspection records, will be assigned an
     8  imputed mileage for each month from the last reliable odometer recording
     9  through the date of inspection, as provided in subparagraph (ii) of this
    10  paragraph. A motor carrier may  seek  review  of  the  determination  to
    11  assign imputed mileage as provided pursuant to article six of the trans-
    12  portation law and 17 NYCRR Parts 500 and 720.
    13    (ii)  The imputed mileage shall be calculated by adding the mileage of
    14  the stretch limousine recorded at the two most recent stretch  limousine
    15  inspections, including roadside inspections conducted by the commission-
    16  er  of  transportation  or  division  of state police, whichever is more
    17  recent, and dividing that sum by twenty-four. The quotient is the imput-
    18  ed monthly mileage.
    19    (iii) Unless otherwise provided by the commissioner of transportation,
    20  a stretch limousine may not be introduced to  transport  passengers  for
    21  compensation  or  continue transporting passengers for compensation if a
    22  reliable baseline odometer reading cannot be ascertained.
    23    (iv) A motor carrier or operator who knows or has  reason  to  believe
    24  that  the  odometer  reading  of  a limousine differs from the number of
    25  miles the stretch limousine has actually traveled  shall  disclose  that
    26  status  to  the  commissioner  or the department of transportation imme-
    27  diately.
    28    § 2. This act shall take effect two years after it shall have become a
    29  law. Effective immediately, the addition, amendment and/or repeal of any
    30  rule or regulation necessary for the implementation of this act  on  its
    31  effective date are authorized to be made and completed on or before such
    32  effective date.