§ 145. Penalties and forfeitures for violations. 1. Any certificate or
permit may, after a hearing, be suspended, cancelled, revoked or
modified, in whole or in part, for failure to comply with the provisions
of this chapter or with any lawful rule, order or regulation of the
commissioner promulgated hereunder or with any term, condition, or
limitation of such certificate or permit or for failure to render
reasonably continuous service within the scope of the certificate or
permit.

2. The commissioner may upon complaint or upon the commissioner's
initiative without complaint institute proceedings to revoke, cancel,
suspend or modify any certificate or permit issued pursuant to this
chapter after a hearing at which the holder of such certificate or
permit and any person making such complaint shall be given an
opportunity to be heard. Provided, however, that any order of the
commissioner revoking, cancelling, suspending or modifying any
certificate or permit shall not become effective until thirty days after
the serving of notice thereof upon the holder of such certificate or
permit, unless the commissioner determines that the continued holding of
such certificate or permit for such period would be contrary to the
public interest. Hearings shall be held in such manner and upon such
notice as may be prescribed by rules of the commissioner, but such
notice shall be of not less than ten days and shall state the nature of
the complaint.

3. In addition to, or in lieu of, any sanctions set forth in this
section, the commissioner may, after a hearing, impose a penalty not to
exceed a maximum of ten thousand dollars in any one proceeding upon any
person if the commissioner finds that such person or officer, agent or
employee thereof has failed to comply with the requirements of this
chapter or any rule, regulation or order of the commissioner promulgated
thereunder. If such penalty is not paid within four months, the amount
thereof may be entered as a judgment in the office of the clerk of the
county of Albany and in any other county in which the person resides,
has a place of business or through which it operates. Thereafter, if
said judgment has not been satisfied within ninety days, any certificate
or permit held by any such person may be revoked upon notice but without
a further hearing. Provided, however, that if a person shall apply for a
rehearing of the determination of the penalty pursuant to the provisions
of section eighty-nine of this chapter, judgment shall not be entered
until a determination has been made on the application for a rehearing.
Further provided however, that if after a rehearing a penalty is imposed
and such penalty is not paid within four months of the date of service
of the rehearing decision, the amount of such penalty may be entered as
a judgment in the office of the clerk of the county of Albany and in any
other county in which the person resides, has a place of business or
through which it operates. Thereafter, if said judgment has not been
satisfied within ninety days, any certificate or permit held by any such
person may be revoked upon notice but without a further hearing.

4. If after notice and opportunity to be heard, the commissioner shall
find that any person or persons is or are providing transportation
subject to regulation under this chapter without having any certificate
or permit, or is or are holding themselves out to the public by
advertising or any other means to provide such transportation without
having any certificate or permit or approval from a city having
jurisdiction pursuant to section eighty of this chapter, the
commissioner may notify the commissioner of motor vehicles to that
effect and the commissioner of motor vehicles shall thereupon suspend
the registration or registrations of all motor vehicles owned or
operated by such person or persons except private passenger automobiles
until such time as the commissioner of transportation may give notice
that the violation has been satisfactorily adjusted, and the
commissioner of motor vehicles may direct any police officer to secure
possession of the number plates of such motor vehicles and to return the
same to the commissioner of motor vehicles. Failure of the holder or of
any person possessing such number plates to deliver such number plates
to any police officer who requests the same pursuant to this subdivision
shall constitute a misdemeanor. The commissioner of motor vehicles shall
have the authority to deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where it has been determined that such registrant's intent has
been to evade the purposes of this subdivision and where the
commissioner of motor vehicles has reasonable grounds to believe that
such registration or renewal will have the effect of defeating the
purposes of this subdivision. The procedure on any such suspension shall
be the same as in the case of a suspension under the vehicle and traffic
law. Operation of any motor vehicle while under suspension as herein
provided shall constitute a class A misdemeanor. A person who operates a
motor vehicle while such vehicle is under suspension as provided in this
subdivision in a manner that causes the death of another person, knowing
that the operation of such vehicle is in violation of this subdivision,
shall be guilty of a class E felony.

5. Any person, whether carrier, passenger, shipper, consignee, or
broker, or any officer, employee, agent or representative thereof, who
shall knowingly offer, grant or give or solicit, accept, or receive any
rebate, concession or discrimination in violation of this chapter, or
who by means of any false statement or representation, or by the use of
any false or fictitious bill, bill of lading, receipt, voucher, roll,
account, claim, certificate, affidavit, deposition, lease or bill of
sale, or by any other means or device, shall knowingly and willfully
assist, suffer or permit any person or persons to obtain transportation
of property or passengers subject to this chapter for less than the
applicable rate, toll or charge, or who, with respect to the
transportation of household goods, shall knowingly or willfully
misrepresent the applicable rate for transportation or the weight of a
shipment or the cost of transportation to the shipper, or who shall
knowingly and willfully by any such means or otherwise fraudulently seek
to evade or defeat regulation as provided for in this chapter, shall be
guilty of a misdemeanor and upon conviction thereof be fined not more
than one thousand dollars for the first offense and not more than two
thousand five hundred dollars for any subsequent offense.

6. Any person who shall provide transportation for compensation within
the state, or hold himself or herself out to the public by advertising
or any other means to provide such transportation, when such
transportation requires either the permission or approval of the
commissioner, or the permission, approval or franchise of any city
having regulatory jurisdiction over such transportation and who does not
possess a valid permit, certificate or approval for such transportation,
from the commissioner or from such city, shall be guilty of a traffic
infraction punishable by a fine of not less than one thousand dollars
and not more than one thousand five hundred dollars for the first
offense. A violation of this subdivision by a person who has previously
been convicted of such offense within five years of the violation shall
be a misdemeanor and shall be punishable by a fine of not less than two
thousand dollars and not more than five thousand dollars, or by
imprisonment for not more than sixty days, or by both such fine and
imprisonment. Upon conviction as a second or subsequent offender as
described herein the court may order forfeiture of any right, title or
interest held by the defendant in any motor vehicle used in the
commission of such offense pursuant to the provisions of subdivision
seven of this section. In addition to, or in lieu of, any sanction set
forth in this subdivision, the commissioner may, after a hearing, impose
a penalty equal to the gain or profit derived from transportation
services conducted in violation of this subdivision. Any person holding
regulatory authority or a franchise from either the commissioner or any
city having regulatory jurisdiction over such transportation, or any
public transportation authority created pursuant to title nine, eleven,
eleven-A, eleven-B, eleven-C or eleven-D of article five of the public
authorities law, who is being adversely affected by a person providing
transportation without having the necessary regulatory authority or
franchise from the commissioner or any such city, may bring suit in his,
her or its own behalf to restrain such person and recover damages
resulting from the actions of such person.

7. (a) Whenever it appears that any person is violating the provisions
of subdivision six of this section, the commissioner acting by the
attorney general, or the city acting by its corporation counsel, or
designee, may bring suit against such person in any court of competent
jurisdiction to restrain such person from continuing such violation. In
any such suit, the court shall have jurisdiction to grant to the
commissioner or city without bond or other undertaking, such prohibitory
or mandatory injunctions as the facts may warrant, including temporary
restraining orders and preliminary or permanent injunctions, and to levy
upon the gain or profit that may be subject to a penalty pursuant to
subdivision six of this section. In cities with a population of one
million or more, the police department shall have the power to issue
summonses for violations of subdivision six of this section and those
summonses shall be adjudicated according to the rules and regulations
set forth in article two-A of the vehicle and traffic law. The hearing
officer responsible for adjudication of any violation of such
subdivision six shall review the record of any person found guilty of
violating such subdivision six to determine whether or not that person
has a prior conviction under such subdivision six. After a review of the
record, if it is found that there has been a prior conviction, the
hearing officer shall refer the matter to the appropriate local criminal
court for prosecution under this article.

(b) Any person convicted as a third or subsequent offender as
described in subdivision six shall be subject to a court order divesting
him of any right, title or interest in any motor vehicle used in the
commission of the offense. An action for forfeiture may be commenced by
the attorney general on behalf of the commissioner or the corporation
counsel or designee on behalf of the city in any superior court in the
county of conviction. The defendant shall have a right to a trial by
jury on any issue of fact. The plaintiff in the forfeiture action shall
have the burden of proof by clear and convincing evidence on such issues
of fact.

(c) Any order of forfeiture issued pursuant to this subdivision shall
include provisions for the disposal of the property found to have been
forfeited. Such provisions shall be directed to the attorney general or
corporation counsel or designee as the case may be, and may include, but
are not limited to, an order directing that the property be sold in
accordance with provisions of article fifty-one of the civil practice
law and rules. Net proceeds of the sale shall be paid into the general
fund of the state or city, as the case may be, less all costs and
attendant expenses of seizure, storage and forfeiture, as the case may
be, which shall be paid to the office of the attorney general or
corporation counsel in the appropriate case notwithstanding any other
provisions of law.

8. All penalties charged and collected by the commissioner pursuant to
this section shall be deposited by the comptroller into the special
obligation reserve and payment account of the dedicated highway and
bridge trust fund established pursuant to section eight-nine-b of the
state finance law.