senate Bill S4427A

2013-2014 Legislative Session

Requires contract carriers of passengers by motor vehicle to provide federal SMS results to potential customers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2014 print number 4427a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
Mar 27, 2013 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

S4427 - Bill Details

Current Committee:
Law Section:
Transportation Law
Laws Affected:
Amd §140, Transp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5093A
2009-2010: S7191

S4427 - Bill Texts

view summary

Requires contract carriers of passengers by motor vehicle to provide federal Safety Measurement System (SMS) results to potential customers.

view sponsor memo
BILL NUMBER:S4427

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:

To require contract carriers of passengers by motor vehicle to provide
and explain their most recent federal Safety Status Measurement System
(SMS) scores before entering into a contract with a customer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 140 of the Transportation Law
by adding a new subdivision 11 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 Safety Status
Measurement System (SMS) scores, and
- an explanation of how the score is calculated and what it means

Section two of the bill provides that this act shall take effect
immediately.

EXISTING LAW:

Currently, contract carriers are not required to provide copies of
their safety status measurement system scores to potential customers.

JUSTIFICATION:

Customers of motor carrier 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.

Accidents involving common carriers are not uncommon in New York. On
March 12, 2011, fifteen people died from an accident that occurred
when a driver reportedly flipped his bus while trying to avoid a
swerving tractor-trailer. After further investigation the driver was
found to be operating the vehicle under a fraudulent license with a
history of multiple license suspensions. The carrier, World Wide
Tours, has recently been under investigation for issues involving
fatigued drivers. Two days after the accident 36 buses were stopped at
police checkpoints. Of the buses stopped, 10 drivers had violations so
serious that they were made to stop driving immediately. It is vital
that we put safeguards in place, so that no more lives are lost.

By utilizing the Safety Measurement System (SMS), companies will no
longer be able to hide from their past transgressions. SMS was
developed to track the on-road safety performance of carriers and
drivers to identify candidates for interventions, determine the
specific safety problems that a carrier or driver exhibits, and to
monitor whether safety problems are improving or worsening. The SMS
score is determined by analyzing data to quantify performance in the
following categories: Unsafe Driving, Fatigued Driving, Driver


Fitness, Controlled Substance/Alcohol Abuse, Vehicle Maintenance,
Cargo-Related Issues, and Crash Indicator. Once a company's score is
calculated, they are placed in a peer group with other companies who
have received similar scores.

Without requiring carriers to provide copies of safety records to
customers, there will be no motivation for carriers to take more
serious actions against drivers with multiple violations. 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:

2011-2: S.5093 - Referred to Transportation

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4427

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 requiring  safety
  reports  to  potential customers of contract carriers of passengers by
  motor vehicle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 140 of the transportation law is amended by adding
a new subdivision 11 to read as follows:
  11. NO CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE, AS DEFINED  BY
SUBDIVISION  NINE  OF  SECTION  TWO  OF THIS CHAPTER, SHALL ENTER INTO A
CONTRACT TO PROVIDE SERVICES FOR ANY CUSTOMER  WITHOUT  FIRST  PROVIDING
THAT CUSTOMER WITH:
  A.  A  COPY,  IN  WRITING, OF THE CONTRACT CARRIER'S THREE MOST RECENT
FEDERAL SAFETY MEASUREMENT SYSTEM (SMS) SCORES; PROVIDED  THAT,  IF  THE
CONTRACT  CARRIER  IS  REQUIRED  TO PROVIDE SCORES FOR ANY YEAR OR YEARS
PRIOR TO TWO THOUSAND TWELVE, THE CONTRACT CARRIER MAY PROVIDE THE SCORE
OR SCORES CALCULATED BY THE SAFETY STATUS MEASUREMENT SYSTEM  (SAFESTAT)
FOR THAT YEAR OR YEARS; AND
  B. AN EXPLANATION OF HOW THE SCORES WERE CALCULATED AND WHAT THE SCORE
MEANS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00674-02-3

S4427A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Transportation Law
Laws Affected:
Amd §140, Transp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5093A
2009-2010: S7191

S4427A (ACTIVE) - Bill Texts

view summary

Requires contract carriers of passengers by motor vehicle to provide federal Safety Measurement System (SMS) results to potential customers.

view sponsor memo
BILL NUMBER:S4427A

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:

To require contract carriers of passengers by motor vehicle to provide
and explain their most recent federal Safety Status Measurement System
(SMS) scores before entering into a contract with a customer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends Section 140 of the Transportation Law
by adding a new subdivision 11 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 Safety Status
Measurement System (SMS) scores, and - an explanation of how the score
is calculated and what it means

Section two of the bin provides that this act shall take effect
immediately.

EXISTING LAW:

Currently, contract carriers are not required to provide copies of
their safety sataus measurement system scores to potential customers.

JUSTIFICATION:

Customers of motor carrier 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.

Accidents involving common carriers are not uncommon in New York. On
March 12, 2011; fifteen people died from an accident that occurred
when a driver reportedly flipped his bus while trying to avoid a
swerving tractor-trailer. After further investigation the driver was
found to be operating the vehicle under a fraudulent license with a
history of multiple license suspensions. The carrier, World Wide
Tours, has recently been under investigation for issues involving
fatigued drivers. Two days after the accident 36 buses were stopped at
police checkpoints. Of the buses stopped, 10 drivers had violations so
serious that they were made to stop driving immediately. It is vital
that we put safeguards in place, so that no more lives are lost.

By utilizing the Safety Measurement System (SMS), companies will no
longer be able to hide from their past transgressions. SMS was
developed to track the on-road safety performance of carriers and
drivers to identify candidates for interventions, determine the
specific safety problems that a carrier or driver exhibits, and to
monitor whether safety problems are improving or worsening. The SMS
score is determined by analyzing data to quantify performance in the
following categories: Unsafe Driving, Fatigued Driving, Driver


Fitness, Controlled Substance/Alcohol Abuse, Vehicle Maintenance,
Cargo-Related Issues, and Crash Indicator. Once a company's score is
calculated, they are placed in a peer group with other companies who
have received similar scores.

Without requiring carriers to provide copies of safety records to
customers, there will be no motivation for carriers to take more
serious actions against drivers with multiple violations. 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:

2013: S.4427 - Referred to Transportation
2011-2: S.5093 - Referred to Transportation

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4427--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 27, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the transportation law, in relation to requiring safety
  reports to potential customers of contract carriers of  passengers  by
  motor vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 140 of the transportation law is amended by  adding
a new subdivision 11 to read as follows:
  11.  NO CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE, AS DEFINED BY
SUBDIVISION NINE OF SECTION TWO OF THIS  CHAPTER,  SHALL  ENTER  INTO  A
CONTRACT  TO  PROVIDE  SERVICES FOR ANY CUSTOMER WITHOUT FIRST PROVIDING
THAT CUSTOMER WITH:
  A. A COPY, IN WRITING, OF THE CONTRACT  CARRIER'S  THREE  MOST  RECENT
FEDERAL  SAFETY  MEASUREMENT  SYSTEM (SMS) SCORES; PROVIDED THAT, IF THE
CONTRACT CARRIER IS REQUIRED TO PROVIDE SCORES FOR  ANY  YEAR  OR  YEARS
PRIOR  TO  TWO  THOUSAND  THIRTEEN, THE CONTRACT CARRIER MAY PROVIDE THE
SCORE OR SCORES CALCULATED  BY  THE  SAFETY  STATUS  MEASUREMENT  SYSTEM
(SAFESTAT) FOR THAT YEAR OR YEARS; AND
  B. AN EXPLANATION OF HOW THE SCORES WERE CALCULATED AND WHAT THE SCORE
MEANS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00674-03-4

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