§ 138. General powers of commissioner. The commissioner or a
designated employee shall have the following functions, powers and
duties:

1. To regulate motor carriers by establishing reasonable requirements
with respect to continuous and adequate service, and by establishing
reasonable requirements with respect to uniform systems of accounts,
records, reports, preservation of records and safety of operation and
equipment.

2. To administer, execute and enforce all provisions of this chapter;
to make all necessary orders in connection therewith; to prescribe
rules, regulations and procedures for such administration; to issue
certificates and permits to motor carriers and to attach to any such
certificate or permit issued, either at time of issuance or at any time
thereafter, any reasonable terms, conditions and limitations as shall be
consistent with the public interest.

3. To investigate all motor carriers and keep informed as to the
manner in which their property is operated, not only with respect to the
adequacy, security, safety and accommodation afforded by their service
but also with respect to their compliance with all provisions of law,
regulations and orders of the commissioner and to issue such orders in
connection therewith as may be required in the public interest.

4. To compel by subpoena duces tecum the production of any accounts,
books, contracts, records, documents, memoranda and papers.

5. To subpoena witnesses, take testimony and administer oaths to
witnesses in any proceeding or examination instituted or conducted in
reference to any matter under this chapter.

6. To establish reasonable classifications or groups of carriers
included in the term motor carrier as the special nature of the services
performed by such motor carriers or groups of motor carriers shall
require and to establish reasonable rules, regulations and requirements
to be observed by the motor carriers so classified or grouped.

7. To investigate the cause of all accidents resulting in loss of life
or injury to persons or property, which in the commissioner's judgment
shall require investigation.

8. Except as provided in sections one hundred fifty-three and one
hundred fifty-four of this chapter, to fix and approve the route or
routes of any bus line, except bus lines operating wholly within any
city having jurisdiction pursuant to subdivision four of section eighty
of this chapter, and from time to time either upon application of the
bus company, or upon complaint, or upon the commissioner's own
initiative and without complaint, but upon reasonable notice, to modify
and amend the route or routes of any such bus company. No such bus
company shall operate a bus line or bus lines upon any highway, avenue
or street in the state except along a route as fixed and approved by the
commissioner, except that in case of street repairs, parades or other
temporary obstruction of the highway, the bus company may use during the
period of such emergency, another route as close as practicable to the
original route. The use of such alternate route during the period of
such emergency shall be lawful unless otherwise ordered by the
commissioner. Notice of a proposed change in route or routes shall be
given to each county and each city, town or village into or through
which a proposed route is to pass.

* 9. To maintain and annually update its website to provide
information with regard to each bus operator or motor carrier under
subparagraphs (ii) and (vi) of paragraph a of subdivision two of section
one hundred forty of this article requiring department operating
authority that includes the bus operator's or motor carrier's name,
number of inspections, number of out of service orders, operator
identification number, location and region of operation including place
of address, percentile to which an operator or motor carrier falls with
respect to out of service defects, the number or percentage of out of
service defects where pursuant to the commissioner's regulations no
inspection certificate shall be issued until the defect is repaired and
a re-inspection is conducted, and the number of serious physical injury
or fatal crashes involving a for-hire vehicle requiring operating
authority pursuant to this article.

* NB Effective until April 20, 2025

* 9. To maintain and annually update its website to provide
information with regard to each bus operator or motor carrier under
subparagraphs (ii) and (vi) of paragraph a of subdivision two of section
one hundred forty of this article requiring department operating
authority that includes the bus operator's or motor carrier's name,
number of inspections, number of out of service orders, operator
identification number, location and region of operation including place
of address, percentile to which an operator or motor carrier falls with
respect to out of service defects, the number or percentage of out of
service defects where pursuant to the commissioner's regulations no
inspection certificate shall be issued until the defect is repaired and
a re-inspection is conducted, and the number of serious physical injury
or fatal crashes involving a for-hire vehicle requiring operating
authority pursuant to this article, and a link to access publicly
available information on safety fitness standards and motor carrier
safety and performance data maintained by the federal motor carrier
safety administration of the United States department of transportation
pursuant to part three hundred eighty-five of title forty-nine of the
code of federal regulations.

* NB Effective April 20, 2025

10. (a) In consultation and cooperation with the commissioner of motor
vehicles, to establish, maintain, monitor, and publicize a toll-free
hotline operated and maintained by the department of motor vehicles
through which any person may report safety issues with altered motor
vehicles commonly referred to as "stretch limousines" having a seating
capacity of nine or more passengers, including the driver, used in the
business of transporting passengers for compensation. Upon the
establishment of such toll-free hotline, the commissioner and the
commissioner of motor vehicles shall require every such altered motor
vehicle registered in this state to have posted therein a notice
providing the department of transportation's safe limo New York website
address and toll-free hotline number, in a form and manner approved by
the commissioner of motor vehicles. Such notice shall be posted in a
manner legible and conspicuous to passengers in all seating positions of
such altered motor vehicles. For the purposes of this subdivision, the
term "safety issues" shall include, but not be limited to, the
operational condition and functioning of such altered motor vehicle,
motor vehicle safety equipment availability and condition, altered motor
vehicle inspection and registration, issues related to certificates or
permits issued to such altered motor vehicles for the transportation of
passengers by the United States department of transportation or the
commissioner, and alleged violations of article nineteen, article
nineteen-A, or title VII of the vehicle and traffic law by a person
during his or her operation of such an altered motor vehicle.

(b) (i) The commissioner may investigate reports received through such
website, and toll-free hotline related to the provisions of this article
or article seven of this chapter and, where the commissioner has
verified such information, may consider such verified information in the
enforcement of such articles, and in setting priorities for enforcement
activities.

(ii) The commissioner of motor vehicles may investigate reports
received by such website, and toll-free hotline related to the
provisions of article five, section three hundred eighty-three, article
fourteen, article nineteen, article nineteen-A, and title VII of the
vehicle and traffic law and, where substantiated by such commissioner,
may consider such substantiated information in the enforcement of
articles five, fourteen, and nineteen-A and section three hundred
eighty-three of such law, and in setting priorities for enforcement
activities.

* (iii) In consultation and cooperation with the commissioner of motor
vehicles, the commissioner shall report on safety issues reported to
such website, and toll-free hotline and related investigations
summarizing (A) the total number of safety issue reports received and
the type of safety issues reported; (B) the total number of safety issue
reports received and the type of safety issues reported where the
commissioner or the commissioner of motor vehicles, as applicable,
verified the information provided; (C) enforcement actions and other
responses taken by the commissioner or the commissioner of motor
vehicles, as applicable, to safety issue reports received where the
commissioner or the commissioner of motor vehicles, as applicable, has
verified such information; and (D) the length of time between the
receipt of safety issue reports from such website, or hotline and
enforcement action or other response by the commissioner or the
commissioner of motor vehicles, as applicable. Such report shall be made
publicly available on the department's website in a searchable format,
and shall be published no less than once annually. Such report may also
be included within the department's annual report submitted pursuant to
subdivision thirteen of section fourteen of this chapter.

* NB Effective until April 20, 2025

* (iii) In consultation and cooperation with the commissioner of motor
vehicles, the commissioner shall report on safety issues reported to
such website, and toll-free hotline and related investigations
summarizing (A) the total number of safety issue reports received and
the type of safety issues reported; (B) the total number of safety issue
reports received and the type of safety issues reported where the
commissioner or the commissioner of motor vehicles, as applicable,
verified the information provided; (C) enforcement actions and other
responses taken by the commissioner or the commissioner of motor
vehicles, as applicable, to safety issue reports received where the
commissioner or the commissioner of motor vehicles, as applicable, has
verified such information; and (D) the length of time between the
receipt of safety issue reports from such website, or hotline and
enforcement action or other response by the commissioner or the
commissioner of motor vehicles, as applicable. Such report shall be made
publicly available on the department's website in a searchable format,
shall be published no less than once annually, and shall compare the
previous three years of report data to the extent applicable. Such
report may also be included within the department's annual report
submitted pursuant to subdivision thirteen of section fourteen of this
chapter.

* NB Effective April 20, 2025