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A00762 Summary:

A00762 Actions:

A00762 Floor Votes:

A00762 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           762
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by M. of A. GANTT, WEISENBERG, PRETLOW -- Multi-Sponsored by
          -- M. of A.   BING, CAHILL, CARROZZA,  CUSICK,  FIELDS,  HYER-SPENCER,
          JOHN,  KOON,  MAGEE,  PAULIN,  RAMOS  -- read once and referred to the
          Committee on Transportation
 

        AN ACT to amend the vehicle and traffic law, in  relation  to  expanding
          the definition of bus
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 509-a of the vehicle  and  traffic
     2  law,  as  amended by chapter 853 of the laws of 1992, is amended to read
     3  as follows:
     4    (1) bus shall mean every  motor  vehicle,  owned,  leased,  rented  or
     5  otherwise  controlled  by a motor carrier, which (a) is a school bus (i)
     6  as defined in section one hundred forty-two of this chapter  [or];  (ii)
     7  which  is  owned by a public or governmental agency, pre-school, nursery
     8  school or private school and operated for the transportation of children

     9  less than school age, teachers and other persons acting in a supervisory
    10  capacity, to and from a pre-school, nursery school or school  activities
    11  or  privately owned and operated for compensation for the transportation
    12  of children less than school age, teachers and other persons acting in a
    13  supervisory capacity to or from a pre-school, nursery school  or  school
    14  activities  pursuant  to  an  agreement with such public or governmental
    15  agency, pre-school or nursery school; or (iii) has a seating capacity of
    16  more than ten adult passengers in addition to the driver  and  which  is
    17  used  for  the  transportation of persons under the age of twenty-one or
    18  persons of any age who are mentally or physically disabled to a place of
    19  vocational, academic  or  religious  instruction  or  religious  service

    20  including  nursery  schools, day care centers and camps, (b) is required
    21  to obtain approval to operate in the  state  as  a  common  or  contract
    22  carrier  of  passengers by motor vehicle from the commissioner of trans-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD03723-01-9
        A. 762                              2
 
     1  portation, or the interstate commerce commission, (c) is regulated as  a
     2  bus  line  by a city that has adopted an ordinance, local law or charter
     3  to regulate or franchise bus line  operations  pursuant  to  subdivision
     4  four  of section eighty of the transportation law, (d) is regulated as a
     5  van service or other common  carrier  of  passengers  by  motor  vehicle

     6  covered  under  article seven of the transportation law by a city with a
     7  population of over one million pursuant to an  ordinance  or  local  law
     8  adopted  pursuant to subdivision five of section eighty of the transpor-
     9  tation law or (e) is operated by a transit authority or municipality and
    10  is used to transport persons for hire. Provided, however, that bus shall
    11  not mean an authorized emergency vehicle operated in the  course  of  an
    12  emergency, or a motor vehicle used in the transportation of agricultural
    13  workers to and from their place of employment;
    14    § 2. This act shall take effect on the one hundred eightieth day after
    15  it shall have become a law.