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.
STATE OF NEW YORK
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1443--A
Cal. No. 146
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 -- reported
favorably from said committee, ordered to first report, amended on
first report, ordered to a second report and ordered reprinted,
retaining its place in the order of second report
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, whichever occurs first.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01843-03-3
S. 1443--A 2
1 coachbuilders and warrantied in accordance with the CMC or QVM process
2 or other comparable certification standards, or based upon demonstrated
3 safety record history of compliance with article nineteen-A of this
4 title and absence of out-of-service "A" defects pursuant to 17 NYCRR
5 720.11.
6 (d) (i) A stretch limousine with an odometer reading that differs from
7 the number of miles the stretch limousine has actually traveled or that
8 has had a prior history involving the disconnection or malfunctioning of
9 an odometer or which appears to the commissioner to have an inaccurate
10 odometer reading based on prior inspection records, will be assigned an
11 imputed mileage for each month from the last reliable odometer recording
12 through the date of inspection, as provided in subparagraph (ii) of this
13 paragraph. A motor carrier may seek review of the determination to
14 assign imputed mileage as provided pursuant to article six of the trans-
15 portation law and 17 NYCRR Parts 500 and 720.
16 (ii) The imputed mileage shall be calculated by adding the mileage of
17 the stretch limousine recorded at the two most recent stretch limousine
18 inspections, including roadside inspections conducted by the commission-
19 er of transportation or division of state police, whichever is more
20 recent, and dividing that sum by twenty-four. The quotient is the imput-
21 ed monthly mileage.
22 (iii) Unless otherwise provided by the commissioner of transportation,
23 a stretch limousine may not be introduced to transport passengers for
24 compensation or continue transporting passengers for compensation if a
25 reliable baseline odometer reading cannot be ascertained.
26 (iv) A motor carrier or operator who knows or has reason to believe
27 that the odometer reading of a limousine differs from the number of
28 miles the stretch limousine has actually traveled shall disclose that
29 status to the commissioner or the department of transportation imme-
30 diately.
31 § 2. This act shall take effect two years after it shall have become a
32 law. Effective immediately, the addition, amendment and/or repeal of any
33 rule or regulation necessary for the implementation of this act on its
34 effective date are authorized to be made and completed on or before such
35 effective date.
