Bill Text: NY S03023 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to drug and alcohol testing and requirements for for-hire vehicle drivers and motor carriers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-05-21 - RECOMMIT, ENACTING CLAUSE STRICKEN [S03023 Detail]

Download: New_York-2019-S03023-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3023
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 31, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in  relation  to  drug  and
          alcohol testing for for-hire vehicle drivers
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 502-b to read as follows:
     3    §  502-b. Special requirements for for-hire vehicle drivers; drugs and
     4  alcohol. 1. All motor carriers shall be required to conduct  pre-employ-
     5  ment  and  random  drug  and  alcohol  testing  in  accordance  with the
     6  provisions and requirements of Part 382 of  Title  49  of  the  Code  of
     7  Federal Regulations on all drivers of any for-hire vehicle with a capac-
     8  ity of transporting ten or more occupants, including the driver, regard-
     9  less  of  a  commercial  driver's license endorsement. Every such driver
    10  shall be included in the random testing  pool  from  which  drivers  are
    11  randomly  selected  for  testing,  and every such driver shall submit to
    12  such testing when selected, as required in Part 382 of Title 49  of  the
    13  Code of Federal Regulations.
    14    2. No motor carrier shall require or permit a driver to:
    15    (a)  violate  any provision of subdivision one of section five hundred
    16  nine-l of this title; or
    17    (b) be on duty or operate a for-hire vehicle with a capacity of trans-
    18  porting ten or more occupants, including the driver, if by such person's
    19  general appearance or by such person's conduct or by other  substantiat-
    20  ing  evidence,  such  person appears to have consumed a drug, controlled
    21  substance or an intoxicating substance within the preceding eight  hours
    22  before such driver operates the for-hire vehicle.
    23    § 2. This act shall take effect on the one hundred twentieth day after
    24  it  shall  have become a law. Effective immediately, the commissioner of
    25  motor vehicles may add, amend, or repeal any rule or  regulation  neces-
    26  sary  to  timely  implement  the provisions of this act on its effective
    27  date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01677-01-9
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