Requires the owner of an altered livery vehicle upon inspection and registration to provide certification stating the length of the center panel of such vehicle

Section two amends subparagraph (e) of paragraph b of subdivision 1 of section 401 of the vehicle and traffic law by providing that upon registration, re-registration and renewal an applicant must provide a statement as to whether a motor vehicle is an altered livery and whether the center panel exceeds one hundred inches. If the vehicle is an altered livery, the applicant shall also certify the seating capacity of such vehicle.

Section three amends section 401 of the vehicle and traffic law by adding a new paragraph e which provides that the seating capacity of an altered livery vehicle shall be included, along with any other information required by this chapter, in the certificate of registration and validating sticker issued for the registration, re-registration or renewal of such vehicle.

Section four amends section 401 of the vehicle and traffic law by adding a new subdivision 5-b which provides that within five days of the alteration of any center panel of a livery vehicle, a registration, re-registration or renewal issued prior to the alteration shall be null and void and no person shall operate the vehicle until it has been reregistered. Every owner of an altered livery shall have a duty to notify the commissioner in writing of an alteration within five days after such alteration occurs.

Section five provides that beginning in 2008, the commissioner of motor vehicles shall include in the department's annual summary of motor vehicle registrations in force information regarding. the number of altered liveries registered in the state with center panels one hundred inches or less and those with center panels exceeding one hundred inches. Such summary shall also include information regarding the seating capacity of such vehicles.

Section six provides that beginning in 2009, the commissioner of motor vehicles shall make available on-line and in a format that may be downloaded, all forms necessary in order to comply with the provision that requires applicants to submit, at the time of registration, re-registration and renewal, a statement as to whether the vehicle is

an altered livery, whether the center panel exceeds one hundred inches and what the seating capacity is.

Section seven defines the effective date as the one hundred eightieth day after it shall have become law.

Justification

Currently, the law allows an owner of a vehicle to extend the center panel of that vehicle up to one hundred inches without having to re-register the vehicle. However, it is a common practice for unscrupulous owners of livery vehicles to register a vehicle with the DMV and then alter the vehicle, changing it to a "stretch" limousine. This practice is dangerous and these vehicles do not comply with federal and state motor vehicle safety standards. Standards regarding such things as the weight of the vehicle, the brake assembly, tire and wheel capacity and fuel lines must be met to ensure the safety of the lengthened vehicle.

Limousines are used by people for weddings, proms, and other special occasions. The vehicles in which people travel should be as safe as possible. This legislation will help to ensure passenger safety by changing the law to: make registrations, re-registrations and renewals that occurred prior to any alterations null and void; create a duty on the part of the owner to report such alterations; print the seating capacity on the registration sticker that is placed on the windshield to enable law enforcement officers to verify it; require an owner to provide a statement at the time of registration, re-registration or renewal as to the length and seating capacity of their vehicle; and have certification of the length and seating capacity be a part of the vehicle inspection process. Additionally, on-line forms shall be provided by the department to promote greater compliance.

Legislative history

2008: S.4045 - Referred to Transportation/A.613 - Referred to Transportation 2007: S.4045 - Referred to Transportation/A.613 - Referred to Transportation 2006: Veto 345

Fiscal implications

Minimal.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law; provided that any addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed before such effective date.