S T A T E O F N E W Y O R K
________________________________________________________________________
6953--A
Cal. No. 214
2017-2018 Regular Sessions
I N S E N A T E
November 27, 2017
___________
Introduced by Sens. KLEIN, ALCANTARA, AVELLA, HAMILTON, PERALTA -- read
twice and ordered printed, and when printed to be committed to the
Committee on Rules -- recommitted to the Committee on Transportation
in accordance with Senate Rule 6, sec. 8 -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the vehicle and traffic law, in relation to civil penal-
ties imposed upon motor carriers for knowingly or negligently failing
to comply with provisions relating to bus drivers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (e) of section 509-j of the vehicle and traffic
law, as amended by chapter 424 of the laws of 2000, is amended to read
as follows:
(e) The commissioner or any person deputized by the commissioner, may
require any motor carrier to pay to the people of this state a civil
penalty, if after the motor carrier has had an opportunity to be heard,
the commissioner finds that the motor carrier has violated any provision
of this article or regulations promulgated [therein] PURSUANT THERETO,
or has made any false statement or misrepresentation on any affidavit of
compliance filed with the commissioner or with respect to violations of
paragraphs (i) and (ii) of subdivision one, paragraphs (a) and (b) of
subdivision two, and subdivisions three, four and five of section five
hundred nine-d, section five hundred nine-g, section five hundred nine-h
and subdivision two of section five hundred nine-l of this article the
commissioner may in lieu of or in addition to a civil penalty suspend
all of a motor carrier's registrations.
(1) Any civil penalty assessed for a first violation shall not be less
than five hundred dollars nor greater than two thousand five hundred
dollars for each violation, false statement or representation found to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13539-03-8
S. 6953--A 2
have been made or committed, and for a second or subsequent violation,
not arising out of the same incident, all of which were committed within
a period of eighteen months, shall not be less than five hundred dollars
nor greater than five thousand dollars for each violation, false state-
ment or representation found to have been made or committed.
(2) ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER FOR
KNOWINGLY OR NEGLIGENTLY FAILING TO NOTIFY THE COMMISSIONER AS REQUIRED
UNDER SECTION FIVE HUNDRED NINE-D OF THIS ARTICLE AND THE BUS DRIVER HAS
PREVIOUSLY BEEN FOUND TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER OR HAS A PRIOR
CONVICTION OF ANY OF THE FOLLOWING OFFENSES: ANY VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, ANY VIOLATION OF SUBDIVISION
ONE OR TWO OF SECTION SIX HUNDRED OF THIS CHAPTER, ANY VIOLATION OF
SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER, OR ANY FELONY INVOLVING
THE USE OF A MOTOR VEHICLE, SHALL NOT BE LESS THAN ONE THOUSAND DOLLARS
NOR GREATER THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION, AND FOR A
SECOND OR SUBSEQUENT VIOLATION, NOT ARISING OUT OF THE SAME INCIDENT,
ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SHALL
NOT BE LESS THAN ONE THOUSAND DOLLARS NOR GREATER THAN TEN THOUSAND
DOLLARS FOR EACH VIOLATION.
(3) ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER FOR
KNOWINGLY OR NEGLIGENTLY FAILING TO NOTIFY THE COMMISSIONER AS REQUIRED
UNDER SECTION FIVE HUNDRED NINE-D OF THIS ARTICLE WHERE THE BUS DRIVER
HAS PREVIOUSLY BEEN FOUND TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS CHAPTER OR HAS A PRIOR
CONVICTION OF ANY OF THE FOLLOWING OFFENSES: ANY VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, ANY VIOLATION OF SUBDIVISION
ONE OR TWO OF SECTION SIX HUNDRED OF THIS CHAPTER, ANY VIOLATION OF
SECTION TWELVE HUNDRED TWELVE OF THIS CHAPTER, OR ANY FELONY INVOLVING
THE USE OF A MOTOR VEHICLE, AND SUCH BUS DRIVER CAUSES PERSONAL INJURY
OR DEATH TO ANOTHER PERSON DUE TO AN INCIDENT INVOLVING THE MOTOR VEHI-
CLE OPERATED BY SUCH PERSON, SHALL NOT BE LESS THAN ONE THOUSAND FIVE
HUNDRED DOLLARS NOR GREATER THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR
EACH VIOLATION, AND FOR A SECOND OR SUBSEQUENT VIOLATION, NOT ARISING
OUT OF THE SAME INCIDENT, ALL OF WHICH WERE COMMITTED WITHIN A PERIOD OF
EIGHTEEN MONTHS, SHALL NOT BE LESS THAN ONE THOUSAND FIVE HUNDRED
DOLLARS NOR GREATER THAN FIFTEEN THOUSAND DOLLARS FOR EACH VIOLATION.
If the registrant fails to pay such penalty within twenty days after
the mailing of such order, postage prepaid, certified and addressed to
the last known place of business of such registrant, unless such order
is stayed by an order of a court of competent jurisdiction, the commis-
sioner may revoke the vehicle registrations or out of state registration
privilege of operation in the state of such motor carrier or may suspend
the same for such periods as the commissioner may determine. Civil
penalties assessed under this subdivision shall be paid to the commis-
sioner for deposit into the state treasury, and unpaid civil penalties
may be recovered by the commissioner in a civil action in the name of
the commissioner.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
