Bill Text: NY S03557 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the commissioner of motor vehicles to impose higher civil penalties upon motor carriers who knowingly and negligently fail to report to the commissioner of motor vehicles certain disqualifying violations by bus drivers employed by such carrier.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-05-15 - referred to transportation [S03557 Detail]

Download: New_York-2019-S03557-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3557
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 8, 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 civil penal-
          ties imposed upon motor carriers for failure 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:
     1    Section 1. Subdivision (e) of section 509-j of the vehicle and traffic
     2  law,  as  amended by chapter 424 of the laws of 2000, is amended to read
     3  as follows:
     4    (e) The commissioner or any person deputized by the commissioner,  may
     5  require  any  motor  carrier  to pay to the people of this state a civil
     6  penalty, if after the motor carrier has had an opportunity to be  heard,
     7  the commissioner finds that the motor carrier has violated any provision
     8  of  this  article or regulations promulgated [therein] pursuant thereto,
     9  or has made any false statement or misrepresentation on any affidavit of
    10  compliance filed with the commissioner or with respect to violations  of
    11  paragraphs  (i)  and  (ii) of subdivision one, paragraphs (a) and (b) of
    12  subdivision two, and subdivisions three, four and five of  section  five
    13  hundred nine-d, section five hundred nine-g, section five hundred nine-h
    14  and  subdivision  two of section five hundred nine-l of this article the
    15  commissioner may in lieu of or in addition to a  civil  penalty  suspend
    16  all of a motor carrier's registrations.
    17    (1) Any civil penalty assessed for a first violation shall not be less
    18  than  five  hundred  dollars  nor greater than two thousand five hundred
    19  dollars for each violation, false statement or representation  found  to
    20  have  been  made or committed, and for a second or subsequent violation,
    21  not arising out of the same incident, all of which were committed within
    22  a period of eighteen months, shall not be less than five hundred dollars
    23  nor greater than five thousand dollars for each violation, false  state-
    24  ment or representation found to have been made or committed.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03973-01-9

        S. 3557                             2
     1    (2)  Any penalty assessed for a first violation by a motor carrier for
     2  failure to notify  the  commissioner  as  required  under  section  five
     3  hundred  nine-d  of  this article and the bus driver has previously been
     4  found to have refused a chemical test pursuant to section eleven hundred
     5  ninety-four  of  this  chapter  or  has a prior conviction of any of the
     6  following offenses: any violation of section eleven  hundred  ninety-two
     7  of  this chapter, any violation of subdivision one or two of section six
     8  hundred of this chapter, any violation of section twelve hundred  twelve
     9  of  this  chapter,  or  any felony involving the use of a motor vehicle,
    10  shall not be less than one thousand dollars nor greater than five  thou-
    11  sand  dollars  for  each  violation,  and  for  a  second  or subsequent
    12  violation, not arising out of the  same  incident,  all  of  which  were
    13  committed within a period of eighteen months, shall not be less than one
    14  thousand  dollars  nor  greater  than  ten  thousand  dollars  for  each
    15  violation.
    16    (3) Any penalty assessed for a first violation by a motor carrier  for
    17  failure  to  notify  the  commissioner  as  required  under section five
    18  hundred nine-d of this article where the bus driver has previously  been
    19  found to have refused a chemical test pursuant to section eleven hundred
    20  ninety-four  of  this  chapter  or  has a prior conviction of any of the
    21  following offenses: any violation of section eleven  hundred  ninety-two
    22  of  this chapter, any violation of subdivision one or two of section six
    23  hundred of this chapter, any violation of section twelve hundred  twelve
    24  of this chapter, or any felony involving the use of a motor vehicle, and
    25  such bus driver causes personal injury or death to another person due to
    26  an  incident  involving the motor vehicle operated by such person, shall
    27  not be less than one thousand five  hundred  dollars  nor  greater  than
    28  seven thousand five hundred dollars for each violation, and for a second
    29  or  subsequent  violation,  not arising out of the same incident, all of
    30  which were committed within a period of eighteen months,  shall  not  be
    31  less  than  one  thousand  five hundred dollars nor greater than fifteen
    32  thousand dollars for each violation.
    33    If the registrant fails to pay such penalty within twenty  days  after
    34  the  mailing  of such order, postage prepaid, certified and addressed to
    35  the last known place of business of such registrant, unless  such  order
    36  is  stayed by an order of a court of competent jurisdiction, the commis-
    37  sioner may revoke the vehicle registrations or out of state registration
    38  privilege of operation in the state of such motor carrier or may suspend
    39  the same for such periods  as  the  commissioner  may  determine.  Civil
    40  penalties  assessed  under this subdivision shall be paid to the commis-
    41  sioner for deposit into the state treasury, and unpaid  civil  penalties
    42  may  be  recovered  by the commissioner in a civil action in the name of
    43  the commissioner.
    44    § 2. This act shall take effect on the thirtieth day  after  it  shall
    45  have become a law.
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