Bill Text: NY S02925 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes the commissioner of motor vehicles to impose higher civil penalties upon motor carriers who 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 - Dead) 2022-03-02 - referred to transportation [S02925 Detail]
Download: New_York-2021-S02925-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2925 2021-2022 Regular Sessions IN SENATE January 26, 2021 ___________ 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. LBD05970-01-1S. 2925 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.
