NY State Senate Bill S3557

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2020	referred to transportation delivered to assembly passed senate
Feb 27, 2020	advanced to third reading
Feb 26, 2020	2nd report cal.
Feb 25, 2020	1st report cal.496
Jan 08, 2020	referred to transportation returned to senate died in assembly
May 15, 2019	referred to transportation delivered to assembly passed senate
May 14, 2019	ordered to third reading cal.678
May 13, 2019	reported and committed to rules
Feb 08, 2019	referred to transportation

Votes

view votes

Mar 3, 2020 - floor Vote

S3557

floor

Aye

Nay

Absent

Excused

Abstained

Feb 25, 2020 - Transportation committee Vote

S3557

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 15, 2019 - floor Vote

S3557

floor

Aye

Nay

Absent

Excused

Abstained

May 14, 2019 - Rules committee Vote

S3557

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 13, 2019 - Transportation committee Vote

S3557

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S3557 (ACTIVE) - Details

See Assembly Version of this Bill:: A2039
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §509-j, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6953, A8841
2021-2022: S2925, A3228
2023-2024: S1360

S3557 (ACTIVE) - Summary

Authorizes the commissioner of motor vehicles to impose higher civil penalties upon motor carriers who knowingly and negligently fail to report to the commissioner of motor vehicles certain disqualifying violations by bus drivers employed by such carrier.

S3557 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3557

SPONSOR: KENNEDY
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to civil penalties imposed upon motor carriers for failure to
comply with provisions relating to bus drivers

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase penalties for bus companies that fail to notify the Depart-
ment of Motor Vehicles when the bus company employs a driver with felony
conviction related to use of a motor vehicle or a drink driving related
conviction.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill increases civil penalties to not less than $1,000
and up to $5,000 for each violation involving a motor carrier that fails
to notify the Department of Motor Vehicles when the motor carrier
employs or terminates a person with a prior felony conviction involving
the use of a motor vehicle, operating a motor vehicle under the influ-

ence of drugs or alcohol, or a reckless driving violation.  The civil
penalty would increase to a maximum of $10,000 for each second or subse-
quent violation within 18 months.

Next, if motor carrier failed to notify the DMV of the driver's prior
conviction related to motor vehicle use, operating a motor vehicle under
the influence of drugs or alcohol, or reckless driving, and such driver
causes personal injury or death to another person involving the use of a
motor vehicle, the penalty is increased to not less than $1,500 and not
more than $7,500 for each violation. For a second or subsequent
violation within 18 months, the fine is increased to a maximum of
$15,000 for each violation.

 
JUSTIFICATION:

On September 18, 2017, bus driver Raymond Mong, employed by charter bus
company Dahlia, sped down a street in Flushing, Queens at nearly twice
the speed limit, running a red light and crashing into a MTA bus. The
crash killed two innocent people, in addition to Mr. Kong.  Mr. Mong had
previously been convicted of drunk driving in Connecticut while he was
driving his car.

Under section 509-d of the Vehicle & Traffic law, a motor carrier is
required to notify the DMV within 10 days when a bus driver commences
employment, terminates employment or is disqualified from employment.  A
violation of this provision is subject to a civil penalty of not less
than $500 and not greater than $2,500 under existing law for each
violation. A second or subsequent violation within a 18 month period is
subject to a minimum fine of $500 and maximum fine of $5,000.

In this instance with the Dahlia bus crash, the Dahlia motor company
never notified the DMV that it employed Mr. Mang. This legislation seeks
to increase penalties on bus carriers to serve as a deterrent effect,
ensuring that the DMV has all statutorily required information on file
for bus drivers employed by motor carriers. Doubling and tripling the
fines for failure to notify the DMV will help ensure compliance with
existing law and to make our streets safer.

 
PRIOR LEGISLATIVE HISTORY:

New bill in Senate

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Thirty days after the bill shall have become a law

S3557 (ACTIVE) - Bill Text download pdf


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

                                  3557

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 8, 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 civil penal-
  ties imposed upon motor carriers for failure to comply with provisions
  relating to bus drivers

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

  Section 1. Subdivision (e) of section 509-j of the vehicle and traffic
law,  as  amended by chapter 424 of the laws of 2000, is amended to read
as follows:
  (e) The commissioner or any person deputized by the commissioner,  may
require  any  motor  carrier  to pay to the people of this state a civil
penalty, if after the motor carrier has had an opportunity to be  heard,
the commissioner finds that the motor carrier has violated any provision
of  this  article or regulations promulgated [therein] PURSUANT THERETO,
or has made any false statement or misrepresentation on any affidavit of
compliance filed with the commissioner or with respect to violations  of
paragraphs  (i)  and  (ii) of subdivision one, paragraphs (a) and (b) of
subdivision two, and subdivisions three, four and five of  section  five
hundred nine-d, section five hundred nine-g, section five hundred nine-h
and  subdivision  two of section five hundred nine-l of this article the
commissioner may in lieu of or in addition to a  civil  penalty  suspend
all of a motor carrier's registrations.
  (1) Any civil penalty assessed for a first violation shall not be less
than  five  hundred  dollars  nor greater than two thousand five hundred
dollars for each violation, false statement or representation  found  to
have  been  made or committed, and for a second or subsequent violation,
not arising out of the same incident, all of which were committed within
a period of eighteen months, shall not be less than five hundred dollars
nor greater than five thousand dollars for each violation, false  state-
ment or representation found to have been made or committed.

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

                                                           LBD03973-01-9

S. 3557                             2

  (2)  ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER FOR
FAILURE TO NOTIFY  THE  COMMISSIONER  AS  REQUIRED  UNDER  SECTION  FIVE
HUNDRED  NINE-D  OF  THIS ARTICLE AND THE BUS DRIVER HAS PREVIOUSLY BEEN
FOUND TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-FOUR  OF  THIS  CHAPTER  OR  HAS A PRIOR CONVICTION OF ANY OF THE
FOLLOWING OFFENSES: ANY VIOLATION OF SECTION ELEVEN  HUNDRED  NINETY-TWO
OF  THIS CHAPTER, ANY VIOLATION OF SUBDIVISION ONE OR TWO OF SECTION SIX
HUNDRED OF THIS CHAPTER, ANY VIOLATION OF SECTION TWELVE HUNDRED  TWELVE
OF  THIS  CHAPTER,  OR  ANY FELONY INVOLVING THE USE OF A MOTOR VEHICLE,
SHALL NOT BE LESS THAN ONE THOUSAND DOLLARS NOR GREATER THAN FIVE  THOU-
SAND  DOLLARS  FOR  EACH  VIOLATION,  AND  FOR  A  SECOND  OR SUBSEQUENT
VIOLATION, NOT ARISING OUT OF THE  SAME  INCIDENT,  ALL  OF  WHICH  WERE
COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, SHALL NOT BE LESS THAN ONE
THOUSAND  DOLLARS  NOR  GREATER  THAN  TEN  THOUSAND  DOLLARS  FOR  EACH
VIOLATION.
  (3) ANY PENALTY ASSESSED FOR A FIRST VIOLATION BY A MOTOR CARRIER  FOR
FAILURE  TO  NOTIFY  THE  COMMISSIONER  AS  REQUIRED  UNDER SECTION FIVE
HUNDRED NINE-D OF THIS ARTICLE WHERE THE BUS DRIVER HAS PREVIOUSLY  BEEN
FOUND TO HAVE REFUSED A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-FOUR  OF  THIS  CHAPTER  OR  HAS A PRIOR CONVICTION OF ANY OF THE
FOLLOWING OFFENSES: ANY VIOLATION OF SECTION ELEVEN  HUNDRED  NINETY-TWO
OF  THIS CHAPTER, ANY VIOLATION OF SUBDIVISION ONE OR TWO OF SECTION SIX
HUNDRED OF THIS CHAPTER, ANY VIOLATION OF SECTION TWELVE HUNDRED  TWELVE
OF THIS CHAPTER, OR ANY FELONY INVOLVING THE USE OF A MOTOR VEHICLE, AND
SUCH BUS DRIVER CAUSES PERSONAL INJURY OR DEATH TO ANOTHER PERSON DUE TO
AN  INCIDENT  INVOLVING THE MOTOR VEHICLE OPERATED BY SUCH PERSON, SHALL
NOT BE LESS THAN ONE THOUSAND FIVE  HUNDRED  DOLLARS  NOR  GREATER  THAN
SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR EACH VIOLATION, AND FOR A SECOND
OR  SUBSEQUENT  VIOLATION,  NOT ARISING OUT OF THE SAME INCIDENT, ALL OF
WHICH WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS,  SHALL  NOT  BE
LESS  THAN  ONE  THOUSAND  FIVE HUNDRED DOLLARS NOR GREATER THAN FIFTEEN
THOUSAND DOLLARS FOR EACH VIOLATION.
  If the registrant fails to pay such penalty within twenty  days  after
the  mailing  of such order, postage prepaid, certified and addressed to
the last known place of business of such registrant, unless  such  order
is  stayed by an order of a court of competent jurisdiction, the commis-
sioner may revoke the vehicle registrations or out of state registration
privilege of operation in the state of such motor carrier or may suspend
the same for such periods  as  the  commissioner  may  determine.  Civil
penalties  assessed  under this subdivision shall be paid to the commis-
sioner for deposit into the state treasury, and unpaid  civil  penalties
may  be  recovered  by the commissioner in a civil action in the name of
the commissioner.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S3557

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Mar 3, 2020 - floor Vote

Floor Vote: Mar 3, 2020

Feb 25, 2020 - Transportation committee Vote

Transportation Committee Vote: Feb 25, 2020

May 15, 2019 - floor Vote

Floor Vote: May 15, 2019

May 14, 2019 - Rules committee Vote

Rules Committee Vote: May 14, 2019

May 13, 2019 - Transportation committee Vote

Transportation Committee Vote: May 13, 2019

S3557 (ACTIVE) - Details

S3557 (ACTIVE) - Summary

S3557 (ACTIVE) - Sponsor Memo

S3557 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3557

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 3, 2020 - floor Vote

Floor Vote: Mar 3, 2020

Feb 25, 2020 - Transportation committee Vote

Transportation Committee Vote: Feb 25, 2020

May 15, 2019 - floor Vote

Floor Vote: May 15, 2019

May 14, 2019 - Rules committee Vote

Rules Committee Vote: May 14, 2019

May 13, 2019 - Transportation committee Vote

Transportation Committee Vote: May 13, 2019

S3557 (ACTIVE) - Details

S3557 (ACTIVE) - Summary

S3557 (ACTIVE) - Sponsor Memo

S3557 (ACTIVE) - Bill Text download pdf

Comments