N.Y. Comp. Codes R. & Regs. tit. 17 § 720.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 720.1 - Definitions

(a) Articulated bus means a two unit bus with flexible coupling connection between the units.

(b) Bus means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons (including the driver), that is used to transport adults and/or children, unless otherwise noted. A bus shall not exceed 102 inches in width or 45 feet in length except for articulated buses which shall not exceed 62 feet in length. The types of buses are defined below.

(c) Certificated service means the transportation of passengers pursuant to a certificate of public convenience and necessity issued by this department, a registration issued by the USDOT or a city bus line franchise issued pursuant to section 80 of the Transportation Law, or transportation for which such certificate or city regulatory authority is required.

(d) City service means the transportation of passengers in certificated service between termini within a city or within a territory embraced by a city and a contiguous city or village within New York State.

(e) Conspicuously lettered means of a color contrasting to the color of the vehicle and easily discernible.

(f) Contract service means the transportation of passengers pursuant to a permit issued by this department for passenger service by contract.

(g) Driver means any person who drives any motor vehicle.

(h) Fire block upholstery shall mean any exterior material that will not sustain flame.

Note: Material must be capable of withstanding tests such as "Boston Bag Method" or equivalent without allowing flame to penetrate and ignite seat filler material.

(i) Intercity service means the transportation of passengers in certificated service on a route which is not defined as city service. It includes rural and suburban services, as well as interstate service.

(j) Interstate service means the transportation of passengers between a point in this State and a point in another state or a foreign country, or between points in this State through another state or foreign country, or between points in other states or foreign countries through this State.

(k) Motor vehicle means a vehicle of any description, including motor vehicles originally constructed for other purposes in which seats have been permanently installed for carrying passengers.

(l) NYC historic double-decker sightseeing bus means a bi-level or double-decker bus designed to comfortably seat and carry at least eight passengers in a vehicle that is exempt from federal motor carrier safety standards due to either its age or historic nature. Such buses are to be used exclusively to provide transportation for compensation as a sightseeing service conducted pursuant to the regulatory control of New York City, when such service is performed wholly within New York City.

(m) Operator means the person, firm or corporation who has control or directs the operation of a motor vehicle as owner, lessee or otherwise.

(n) Passenger weight is computed at the rate of 150 pounds per adult and 120 pounds per child.

(o) Placed in service means the first time a vehicle is used for the transportation of passengers within the State of New York in service that is subject to inspection requirements of this Part.

(p) Power brakes means a system using stored energy as the principal force in the application of the brakes.

(q) Push-out window means a window, usually hinged at the top, that can be opened by exerting hand pressure on the interior surface of the window or by releasing a latching device and pushing the window outward.

(r) Raised floor is a design that has a single, multi-level or inclining floor area.

(s) School means every place of academic, vocational or religious services or instruction for persons under the age of 21 years, except places of higher education. It shall include every child care center, every institution for the care or training of the mentally or physically handicapped; and every day camp.

(t) School activities shall be defined as any program for the benefit of pupils, sponsored and supervised by school officials, and shall include, but shall not be limited to such activities as the following, when so supervised and sponsored:

(1) extracurricular activities such as athletics, dramatics and musicals;

(2) field trips directly connected with subjects included in the school curriculum; and

(3) school dances and other similar activities

(u) School bus is a bus, unless otherwise noted, used to transport children to or from school or school activities.

(v) School service means the transportation by motor vehicle of passengers under the age of 21 years to and/or from school or school activities, with or without adult supervisory personnel, either:

(1) in vehicles owned and/or operated by a school districts or a private school; or

(2) by others for hire, except for parents who enter into a contract with a school to provide transportation exclusively for their own children in their own vehicle(s).

(w) School vehicle is any motor vehicle used to transport children to or from school or school activities, except for motor vehicle(s) operated by parents who enter into a contract with a school to provide transportation exclusively for their own children.

(x) Type "A" bus is a bus with a conversion or body constructed upon a van-type or cutaway front-section vehicle with a left side driver's door and designed to carry more than 10 persons. The following are sub-categories of Type "A" bus:

(1) Type A-I GVWR over 10,000 pounds; and

(2) Type A-II GVWR 10,000 pounds or under.

(y) Type "B" bus is a bus with a conversion or body constructed and installed upon a van or front-section vehicle chassis, or stripped chassis, with a gross vehicle weight rating of more than 10,000 pounds and designed to carry more than 10 persons. Part of the engine is beneath and/or behind the windshield and beside the driver's seat. The entrance door is behind the front wheels.

(z) Type "C" bus is a bus with a body installed upon a flat-back cowl chassis with a gross vehicle weight rating of more than 10,000 pounds and designed to carry more than 10 persons. All of the engine is in front of the windshield and the entrance door is behind the front wheels.

(aa) Type "D" bus is a bus with a body installed upon a chassis or unitized type construction, with the engine mounted in the front, midship, or rear with a gross vehicle weight rating of more than 10,000 pounds and designed to carry more than 10 persons. The engine may be behind the windshield and beside the driver's seat; it may be at the rear of the bus, behind the rear wheels; or midship between the front and rear axles. The entrance door is ahead of the front wheels.

(ab) Unobstructed aisle in vehicles transporting wheelchair passengers means no fixed items that could impede wheelchair movement.

(ac) Unobstructed aisle in non-wheelchair motor vehicles means no fixed items that could constitute a tripping hazard. Seats which can be folded easily and quickly or wheel housings that are able to be stepped on or over are not considered to be an aisle obstruction. Passenger restraint systems shall not constitute an aisle obstruction, providing they do not unreasonably block access.

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N.Y. Comp. Codes R. & Regs. Tit. 17 § 720.1