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.
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.
