S T A T E O F N E W Y O R K
________________________________________________________________________
3358
2015-2016 Regular Sessions
I N S E N A T E
February 5, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the transportation law, in relation to increasing the
penalties for violations by carriers of household goods
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 4 of section 145 of the transportation
law, subdivision 3 as added by chapter 635 of the laws of 1983 and
subdivision 4 as amended by chapter 349 of the laws of 1993, are amended
to read as follows:
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 five 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; PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY, AFTER A HEAR-
ING, IMPOSE A PENALTY NOT TO EXCEED A MAXIMUM OF SEVEN THOUSAND FIVE
HUNDRED DOLLARS IN ANY ONE PROCEEDING UPON ANY PERSON IF THE COMMISSION-
ER FINDS THAT SUCH PERSON OR OFFICER, AGENT OR EMPLOYEE THEREOF HAS
FAILED TO COMPLY WITH THE REQUIREMENTS OF ARTICLE NINE OF THIS CHAPTER.
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 rehear-
ing 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01785-01-5
S. 3358 2
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 adver-
tising 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 registra-
tions 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 satis-
factorily adjusted. PROVIDED, FURTHER, THAT IF AFTER NOTICE AND OPPOR-
TUNITY TO BE HEARD, THE COMMISSIONER SHALL FIND THAT ANY PERSON OR
PERSONS HAS VIOLATED THE PROVISIONS OF ARTICLE NINE 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 OPER-
ATED BY SUCH PERSON OR PERSONS EXCEPT PRIVATE PASSENGER AUTOMOBILES
UNTIL SUCH TIME AS THE COMMISSIONER MAY GIVE NOTICE THAT THE VIOLATION
HAS BEEN SATISFACTORILY ADJUSTED. 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 IN THIS PARAGRAPH shall constitute a class A misdemeanor.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.