S T A T E O F N E W Y O R K
________________________________________________________________________
7600
2015-2016 Regular Sessions
I N A S S E M B L Y
May 20, 2015
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to penalties for unlawfully
operating as a common carrier of property by motor vehicle transport-
ing household goods
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding three new sections
270.40, 270.45, and 270.50 to read as follows:
S 270.40 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR
VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFULLY OPERATING AS A COMMON CARRIER OF
PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE THIRD
DEGREE WHEN HE OR SHE OPERATES AS A COMMON CARRIER OF PROPERTY BY MOTOR
VEHICLE TRANSPORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION
OF HOUSEHOLD GOODS FOR COMPENSATION AND HE OR SHE IS NOT REGISTERED AS
REQUIRED BY SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW.
UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE THIRD DEGREE IS A CLASS B MISDEMEA-
NOR.
S 270.45 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR
VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFULLY OPERATING AS A COMMON CARRIER OF
PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE SECOND
DEGREE WHEN HE OR SHE:
1. OPERATES AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANS-
PORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF HOUSEHOLD
GOODS FOR COMPENSATION AND HE OR SHE IS NOT REGISTERED AS REQUIRED BY
SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11137-01-5
A. 7600 2
2. HAS PREVIOUSLY BEEN FOUND GUILTY OF UNLAWFULLY OPERATING AS A
COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
IN THE THIRD DEGREE PURSUANT TO SECTION 270.40 OF THIS ARTICLE.
UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 270.50 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR
VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFULLY OPERATING AS A COMMON CARRIER OF
PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE FIRST
DEGREE WHEN HE OR SHE:
1. OPERATES AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANS-
PORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF HOUSEHOLD
GOODS FOR COMPENSATION AND HE OR SHE IS NOT REGISTERED AS REQUIRED BY
SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND
2. HAS PREVIOUSLY BEEN FOUND GUILTY OF UNLAWFULLY OPERATING AS A
COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
IN THE SECOND DEGREE PURSUANT TO SECTION 270.45 OF THIS ARTICLE.
UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE IS A CLASS E FELONY.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.