BILL NUMBER:  S7191

 TITLE OF BILL :
An act to amend the transportation law, in relation to requiring
safety reports to potential customers of contract carriers of
passengers by motor vehicle


 PURPOSE OR GENERAL IDEA OF BILL :
To require contract carriers of passengers by motor vehicle to provide
and explain their most recent federal Safety Status Measurement System
(SafeStat) scores before entering into a contract with a customer.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends Section 140 of the transportation law to require that no
contract carrier of passengers by motor vehicle shall enter into a
contract to provide services to any customer without first providing:

- a written copy of the carrier's three most recent SafeStat scores;
and

- an explanation of how the score is calculated and what it means

 JUSTIFICATION :
Customers of charter bus companies must be able to rely on those
companies to operate safely, but in many instances customers sign
              

contracts without access to carriers' safety records.

According to a study by ESPN, the number of buses involved in traffic
accidents has increased dramatically in recent years: in 2003, 8,555
buses were involved in such accidents nationwide, rising to 13,195 in
2007.

The United States Department of Transportation, through the Federal
Motor Carrier Safety Administration, operates the Safety Status
Measurement System (SafeStat), an automated analysis system that
combines historical and current safety data to measure the relative
safety fitness of interstate commercial motor carriers. SafeStat
provides analysis and reports on carriers' performance in four
analytic Safety Evaluation Areas (SEAs): Accident. Driver, Vehicle,
and Safety Management.  The four SEA values are then combined into an
overall safety status assessment, known as a SafeStat score.

Carriers' SafeStat scores can be viewed at the FMCSA website. However,
a large proportion of charter bus customers continue to do business
with companies that have compiled substandard SafeStat ratings, though
they might not choose to do so if they were provided with this
information.  These customers include organizations arranging trips
for students, seniors, and other potentially vulnerable groups. For
instance, the ESPN report found that "at least 85 Division I
universities used charter bus companies during 2007 and 2008 that have
had one or more deficient federal safety scores."

While it is helpful to have SafeStat scores available at the FMCSA
website, it is clear that many potential charter bus customers either
do not visit the website or are unable to understand the reports
posted there. This bill would require the motor vehicle carriers to
provide their three most recent SafeStat scores, as well as an
explanation of the SafeStat rating system, to all potential customers
before any contract is signed. Carriers violating this requirement
would be subject to penalties according to subdivision nine of this
section, including a fine of not more than $5,000, and suspension of
the registration of all motor vehicles operated by the carrier.

This legislation would ensure that all potential customers have direct
access to critical information about the safety records of motor
vehicle carriers, and it would provide additional incentive for
carriers to improve their own safety ratings.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Act to take effect immediately.