a. A vehicle shall be licensed as a sight-seeing bus only after it shall have been examined and inspected to determine that it complies with this section, and that it also (1) complies with all the requirements of the vehicle and traffic law of the state of New York, and (2) is certified by the department of transportation of the state, as being safe and properly equipped to operate, or if the department of transportation of the state determines an inspection by that department is not required, is certified by the department of motor vehicles of the state.
b. (1) On and after the effective date of the local law which added this amendment, the commissioner shall not issue a sight-seeing bus license to any vehicle that when originally manufactured was not equipped with an engine covered by a certificate of conformity unless an engine covered by a certificate of conformity for the model year applicable to the date on which a sight-seeing bus license application for such bus is submitted to the commissioner, has been installed in such vehicle.
(2) The commissioner shall not renew the license of any sight-seeing bus that was licensed as of the date of the introduction of the local law which added this amendment and that when originally manufactured, was not equipped with an engine covered by a certificate of conformity unless an engine covered by a certificate of conformity for a model year no earlier than the model year applicable to the date on which the local law which added this amendment was introduced, has been installed in such bus.
(3) The commissioner shall not renew the license of any sight-seeing bus that was first issued a sight-seeing bus license on or after the date of introduction of the local law that added this amendment and before the effective date of such law and that, when originally manufactured, was not equipped with an engine covered by a certificate of conformity, unless an engine covered by a certificate of conformity for a model year no earlier than the model year applicable to the date on which the first sight-seeing bus license renewal application for such bus is submitted to the commissioner, has been installed in such bus.
c. The commissioner shall refuse a license to any sight-seeing bus not in "compliance with the requirements of this section, any rules promulgated thereunder or with any other laws or rules governing sight-seeing buses, or which is otherwise found to be unfit for operation. Grounds for refusal to issue a license shall include, but not be limited to, installation of an engine which does not meet the requirements of subdivision b of this section, failure to submit a bus or records pertaining to the operation and maintenance of such bus for inspection, installation of an engine not covered by a certificate of conformity in a vehicle which was originally manufactured with such an engine, installation of an engine of any model year preceding the year of manufacture in a vehicle which was originally manufactured with an engine covered by a certificate of conformity and being found to have violated the requirements for diesel fuel-powered sight-seeing buses contained in section 24-163.6 of the administrative code.
d. The commissioner may adopt rules (1) requiring the inspection by the department of sight-seeing buses and/or records pertaining to the operation and maintenance of such buses to determine compliance with the requirements of subdivision b of this section and section 24-163.6 of the administrative code; (2) delegating the performance of such inspections to the department of environmental protection; and (3) authorizing the acceptance of the results of inspections consistent with paragraph one of this subdivision conducted by a state or federal agency authorized to conduct such inspections on such buses.
(Am. L.L. 2018/176, 10/27/2018, eff. 4/25/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/041.