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Senate Bill S3023

2019-2020 Legislative Session

Relates to drug and alcohol testing for for-hire vehicle drivers

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Archive: Last Bill Status - Stricken

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2019-S3023 (ACTIVE) - Details

See other versions of this Bill:
A712 ,
S6186 ,
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §502-b, V & T L
Versions Introduced in 2017-2018 Legislative Session:
A11384

2019-S3023 (ACTIVE) - Summary

Relates to drug and alcohol testing and requirements for for-hire vehicle drivers and motor carriers.

2019-S3023 (ACTIVE) - Sponsor Memo

2019-S3023 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3023
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  drug  and
   alcohol testing for for-hire vehicle drivers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 502-b to read as follows:
   §  502-B. SPECIAL REQUIREMENTS FOR FOR-HIRE VEHICLE DRIVERS; DRUGS AND
 ALCOHOL. 1. ALL MOTOR CARRIERS SHALL BE REQUIRED TO CONDUCT  PRE-EMPLOY-
 MENT  AND  RANDOM  DRUG  AND  ALCOHOL  TESTING  IN  ACCORDANCE  WITH THE
 PROVISIONS AND REQUIREMENTS OF PART 382 OF  TITLE  49  OF  THE  CODE  OF
 FEDERAL REGULATIONS ON ALL DRIVERS OF ANY FOR-HIRE VEHICLE WITH A CAPAC-
 ITY OF TRANSPORTING TEN OR MORE OCCUPANTS, INCLUDING THE DRIVER, REGARD-
 LESS  OF  A  COMMERCIAL  DRIVER'S LICENSE ENDORSEMENT. EVERY SUCH DRIVER
 SHALL BE INCLUDED IN THE RANDOM TESTING  POOL  FROM  WHICH  DRIVERS  ARE
 RANDOMLY  SELECTED  FOR  TESTING,  AND EVERY SUCH DRIVER SHALL SUBMIT TO
 SUCH TESTING WHEN SELECTED, AS REQUIRED IN PART 382 OF TITLE 49  OF  THE
 CODE OF FEDERAL REGULATIONS.
   2. NO MOTOR CARRIER SHALL REQUIRE OR PERMIT A DRIVER TO:
   (A)  VIOLATE  ANY PROVISION OF SUBDIVISION ONE OF SECTION FIVE HUNDRED
 NINE-L OF THIS TITLE; OR
   (B) BE ON DUTY OR OPERATE A FOR-HIRE VEHICLE WITH A CAPACITY OF TRANS-
 PORTING TEN OR MORE OCCUPANTS, INCLUDING THE DRIVER, IF BY SUCH PERSON'S
 GENERAL APPEARANCE OR BY SUCH PERSON'S CONDUCT OR BY OTHER  SUBSTANTIAT-
 ING  EVIDENCE,  SUCH  PERSON APPEARS TO HAVE CONSUMED A DRUG, CONTROLLED
 SUBSTANCE OR AN INTOXICATING SUBSTANCE WITHIN THE PRECEDING EIGHT  HOURS
 BEFORE SUCH DRIVER OPERATES THE FOR-HIRE VEHICLE.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law. Effective immediately, the commissioner of
 motor vehicles may add, amend, or repeal any rule or  regulation  neces-
 sary  to  timely  implement  the provisions of this act on its effective
 date.

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