Provides that altered motor vehicles commonly referred to as "stretch limousines" which were altered on or after January 1, 2021, shall have at least two safety belts for the front seat and at least one safety belt for the rear seat for each passenger for which the rear seat of such vehicle was designed.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9057
SPONSOR: Paulin TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the instal-
lation of safety belts in stretch limousines, and the posting of notice
therein
PURPOSE OR GENERAL IDEA OF BILL:
To require stretch limousines altered after January 1, 2021 to be
equipped with seatbelts, to require stretch limousines altered prior to
January 1, 2021 to be retrofitted with seatbelts and to require such
stretch limousines to post a notice encouraging passengers to wear seat-
belts.
SUMMARY OF SPECIFIC PROVISIONS:
Section one requires the installation of approved seatbelts in stretch
limousines altered on or after January 1, 2021, as follows: at least two
seatbelts for the front seat, at least one rear seat seatbelt for each
passenger for which the rear seat was designed, and at least one seatbe-
lt for each passenger seat position.
Section two requires stretch limousines altered prior to January 1, 2021
to be retrofitted within a two year period with approved seatbelts as
follows: at least two seatbelts for the front seat, at least one rear
seat seatbelt for each passenger for which the rear seat was designed,
and at least one seatbelt for each passenger seat position.
Section three requires seatbelts installed in such stretch limousines to
be clearly visible, accessible, and maintained in good working order,
and prohibits the removal of seatbelts in these vehicles.
Section four requires stretch limousines altered on or after January 1,
2021, or retrofitted if altered prior to January 1, 2021, and registered
in the State to have posted therein the following notice, in a manner
that is legible and conspicuous to passengers in all seating positions:
"Seatbelts must be available for your use. Please buckle up."
Section five provides the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable.
JUSTIFICATION:
Recently, a horrific crash in New York State brought the public's atten-
tion to safety concerns surrounding stretch limousines. The crash high-
lighted the lack of statutory protections for stretch limousine passen-
gers and, therefore, the urgency to enact laws that will help to prevent
senseless injuries and deaths in the future.
This legislation amends the Vehicle and Traffic Law to create safety
measures related to seatbelts in stretch limousines. Under the
provisions of the bill, stretch limousines altered on or after January
1, 2021 would be required to be equipped with seatbelts for all seating
positions, and stretch limousines altered prior to January 1, 2021 would
be required to be retrofitted, within a two year period, with seatbelts
for all seating positions. All seatbelts so installed will be required
to be clearly visible, accessible, and maintained in good working order,
and the bill prohibits the removal of seatbelts from these vehicles.
Additionally, every stretch limousine altered or retrofitted after Janu-
ary 1, 2021 will be required to post a notice in the vehicle instructing
passengers to wear their seatbelts. Under current law, taxis and
liveries must post such a notice.
This legislation is necessary in order to promote safety for all those
riding in stretch limousines and will help to reduce and prevent motor
vehicle crash injuries and deaths.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect January 1, 2021; provided, however, that
section two of this act shall take effect two years after this act shall
have become a law; provided, further, this act shall be deemed repealed
if any federal agency determines in writing that this act would render
New York state ineligible for the receipt of federal funds or any court
of competent jurisdiction finally determines that this act would render
New York state out of compliance with federal law or regulation. The
commissioner• of motor vehicles or the commissioner of transportation
shall notify the legislative bill drafting commission upon the occur-
rence of any federal agency determining in writing that this act would
render New York state ineligible for the receipt of federal funds or any
court of competent jurisdiction finally determines that this act would
render New York state out of compliance with federal law or regulation
in order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effectuating the provisions of section 44 of the
legislative law and section 70-b of the public officers law. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
STATE OF NEW YORK
________________________________________________________________________
9057
IN ASSEMBLY
January 10, 2020
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the instal-
lation of safety belts in stretch limousines, and the posting of
notice therein
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 1 of section 383 of the vehi-
2 cle and traffic law, as added by chapter 86 of the laws of 1968, is
3 amended and a new paragraph (d) is added to read as follows:
4 (c) A motor vehicle manufactured or assembled on or after January
5 first, nineteen hundred sixty-eight, at least one safety belt for each
6 passenger seat position[.];
7 (d) An altered motor vehicle commonly referred to as a "stretch limou-
8 sine" which was altered on or after January first, two thousand twenty-
9 one, at least two safety belts for the front seat, and at least one
10 safety belt for the rear seat for each passenger for which the rear seat
11 of such vehicle was designed, and at least one safety belt for each
12 passenger seat position.
13 § 2. Section 383 of the vehicle and traffic law is amended by adding a
14 new subdivision 1-a to read as follows:
15 1-a. No altered motor vehicle commonly referred to as a "stretch
16 limousine" which was altered prior to January first, two thousand twen-
17 ty-one shall be sold or registered in this state and no such altered
18 motor vehicle altered prior to January first, two thousand twenty-one
19 registered in this state shall be operated in this state unless such
20 vehicle is retrofitted and equipped with safety belts approved by and
21 conforming to standards established by the commissioner as follows: at
22 least two safety belts for the front seat, and at least one safety belt
23 for the rear seat for each passenger for which the rear seat of such
24 vehicle was designed, and at least one safety belt for each passenger
25 seat position.
26 § 3. Subdivision 4-b of section 383 of the vehicle and traffic law, as
27 added by chapter 495 of the laws of 2003, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14787-02-0
A. 9057 2
1 4-b. Taxicabs [and], liveries, and stretch limousines. All seat safe-
2 ty belts installed in a taxicab or livery vehicle or in an altered motor
3 vehicle commonly referred to as a "stretch limousine" pursuant to this
4 section shall be clearly visible, accessible and maintained in good
5 working order, and no seat safety belt installed in such taxicab or
6 livery vehicle or altered motor vehicle shall be removed therefrom.
7 § 4. Subdivision 51 of section 375 of the vehicle and traffic law, as
8 added by chapter 495 of the laws of 2003, is amended to read as follows:
9 51. Taxicab [and], livery and stretch limousine notices. (a) Every
10 taxicab [and], livery, and altered motor vehicle commonly referred to as
11 a "stretch limousine" which was altered on or after January first, two
12 thousand twenty-one or retrofitted pursuant to subdivision one-a of
13 section three hundred eighty-three of this article registered in this
14 state shall have posted therein the following notice: "Seatbelts must be
15 available for your use. Please buckle up."
16 (b) The notices required to be posted pursuant to paragraph (a) of
17 this subdivision shall be posted in a manner legible and conspicuous to
18 passengers in all seating positions of such vehicles.
19 § 5. Severability. If any clause, sentence, subdivision, paragraph,
20 section or part of this act be adjudged by any court of competent juris-
21 diction to be invalid, or if any federal agency determines in writing
22 that this act would render New York state ineligible for the receipt of
23 federal funds, such judgment or written determination shall not affect,
24 impair or invalidate the remainder thereof, but shall be confined in its
25 operation to the clause, sentence, subdivision, paragraph, section or
26 part thereof directly involved in the controversy in which such judgment
27 or written determination shall have been rendered.
28 § 6. This act shall take effect January 1, 2021; provided, however,
29 that section two of this act shall take effect two years after this act
30 shall have become a law; provided, further, this act shall be deemed
31 repealed if any federal agency determines in writing that this act would
32 render New York state ineligible for the receipt of federal funds or any
33 court of competent jurisdiction finally determines that this act would
34 render New York state out of compliance with federal law or regulation.
35 The commissioner of motor vehicles or the commissioner of transportation
36 shall notify the legislative bill drafting commission upon the occur-
37 rence of any federal agency determining in writing that this act would
38 render New York state ineligible for the receipt of federal funds or any
39 court of competent jurisdiction finally determines that this act would
40 render New York state out of compliance with federal law or regulation
41 in order that the commission may maintain an accurate and timely effec-
42 tive data base of the official text of the laws of the state of New York
43 in furtherance of effectuating the provisions of section 44 of the
44 legislative law and section 70-b of the public officers law. Effective
45 immediately, the addition, amendment and/or repeal of any rule or regu-
46 lation necessary for the implementation of this act on its effective
47 date are authorized to be made and completed on or before such effective
48 date.
