S T A T E   O F   N E W   Y O R K
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                                  7358

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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  TWENTY-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  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 hear-
ing.  Provided, however, that if a person shall apply for a rehearing 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.  Further

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10750-01-3
              

A. 7358                             2

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. (A) 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 THE COMMISSIONER MAY NOTIFY
THE COMMISSIONER OF MOTOR VEHICLES THAT THERE HAS BEEN  A  VIOLATION  OF
THE  PROVISIONS  OF ARTICLE NINE OF THIS CHAPTER AND THE COMMISSIONER OF
MOTOR VEHICLES SHALL THEREUPON SUSPEND THE REGISTRATION OR REGISTRATIONS
OF ALL MOTOR VEHICLES OWNED OR OPERATED BY THE PERSON  OR  PERSONS,  WHO
COMMITTED SUCH VIOLATIONS, INCLUDING 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 commission-
er  of motor vehicles has reasonable grounds to believe that such regis-
tration 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. Opera-
tion of any motor vehicle while under suspension as [herein] provided IN
THIS PARAGRAPH shall constitute a class A misdemeanor.
  (B)  IF  AFTER  NOTICE  AND  OPPORTUNITY TO BE HEARD, THE COMMISSIONER
SHALL FIND THAT ANY PERSON OR PERSONS IS OR ARE PROVIDING TRANSPORTATION
SERVICES PURSUANT TO ARTICLE NINE OF THIS  CHAPTER  WITHOUT  HAVING  ANY
CERTIFICATE  OR  PERMIT, THE COMMISSIONER MAY NOTIFY THE COMMISSIONER OF
MOTOR VEHICLES TO THAT EFFECT AND THE  COMMISSIONER  OF  MOTOR  VEHICLES
SHALL  THEREUPON  SUSPEND THE DRIVER'S LICENSE OF SUCH PERSON OR PERSONS
FOUND TO BE OPERATING IN VIOLATION OF ARTICLE NINE OF THIS CHAPTER.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.