S T A T E   O F   N E W   Y O R K
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                                  5002

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

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 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
              

S. 5002                             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.