NY State Senate Bill S6186

Current 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 (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2019	referred to transportation delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal. amended (t) 6186a
May 30, 2019	1st report cal.1084
May 21, 2019	referred to transportation

Votes

view votes

Jun 6, 2019 - floor Vote

S6186A

floor

Aye

Nay

Absent

Excused

Abstained

May 30, 2019 - Transportation committee Vote

S6186

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S6186 - Details

See Assembly Version of this Bill:: A712
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §502-b, V & T L
Versions Introduced in 2017-2018 Legislative Session:: A11384

S6186 - Summary

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

S6186 - Sponsor Memo

 
BILL NUMBER: S6186

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to drug and alcohol testing for for-hire vehicle drivers

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that all drivers of any for hire vehicle with a capacity of
transporting ten or more occupants, including the driver, are subject to
drug and alcohol testing.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section amends the Vehicle and Traffic Law by adding a new section 502-b
to require that all drivers of any for hire vehicle with a capacity of
transporting ten or more occupants, including the driver, be subject to
both pre-employment and random drug and alcohol testing.  This section
would also prohibit motor carriers from requiring or permitting such
drivers to be on duty or operate their vehicle if the driver appears to
have consumed drugs or alcohol within the preceding eight hours before

such driver operates their vehicle.

Section two provides the effective date.

 
JUSTIFICATION:

This legislation would require drug and alcohol testing of all drivers
of for hire vehicles with a capacity of transporting ten or more occu-
pants, including the driver. It will close the loophole that currently
exists under federal regulations, which only require drug and alcohol
testing of drivers of commercial vehicles carrying sixteen passengers or
more. It will also expand upon the current federal regulations by
requiring that all drivers be subject to random drug and alcohol test-
ing. Current regulations set the minimum annual percentage rates of
drivers that must submit to alcohol testing at ten percent of the aver-
age number of drivers and at twenty-five percent of the average number
of drivers for controlled substances.

Drivers of for hire vehicle with a capacity of transporting ten or more
occupants, including the driver, should be subject to drug and alcohol
testing as are their peers who drive vehicles carrying sixteen passen-
gers or more. Passengers in these vehicles deserve the same assurances
as passengers riding in other vehicles that their drivers are being
monitored for drug and alcohol use. This legislation will promote
increased safety as well as accountability.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.11384, referred to transportation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it

S6186 - Bill Text download pdf


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

                                  6186

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced  by  Sen. METZGER -- 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-

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

                                                           LBD01677-01-9

S. 6186                             2

sary  to  timely  implement  the provisions of this act on its effective
date.

Co-Sponsors

S6186A (ACTIVE) - Details

See Assembly Version of this Bill:: A712
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §502-b, V & T L
Versions Introduced in 2017-2018 Legislative Session:: A11384

S6186A (ACTIVE) - Summary

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

S6186A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6186A

SPONSOR: METZGER
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to drug and alcohol testing for for-hire vehicle drivers

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that all drivers of any for hire vehicle with a capacity of
transporting nine or more occupants, including the driver, are subject
to drug and alcohol testing.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section amends the Vehicle and Traffic Law by adding a new section 502-b
to require that all drivers of any for hire vehicle with a capacity of
transporting nine or more occupants, including the driver, be subject to
both pre-employment and random drug and alcohol testing.  This section
would also prohibit motor carriers from requiring or permitting such
drivers to be on duty or operate their vehicle if the driver appears to
have consumed drugs or alcohol within the preceding eight hours before

such driver operates their vehicle.

Section two provides the effective date.

 
JUSTIFICATION:

This legislation would require drug and alcohol testing of all drivers
of for hire vehicles with a capacity of transporting nine or more occu-
pants, including the driver. It will close the loophole that currently
exists under federal regulations, which only require drug and alcohol
testing of drivers of commercial vehicles carrying sixteen passengers or
more. It will also expand upon the current federal regulations by
requiring that all drivers be subject to random drug and alcohol test-
ing. Current regulations set the minimum annual percentage rates of
drivers that must submit to alcohol testing at ten percent of the aver-
age number of drivers and at twenty-five percent of the average number
of drivers for controlled substances.

Drivers of for hire vehicle with a capacity of transporting nine or more
occupants, including the driver, should be subject to drug and alcohol
testing as are their peers who drive vehicles carrying sixteen passen-
gers or more. Passengers in these vehicles deserve the same assurances
as passengers riding in other vehicles that their drivers are being
monitored for drug and alcohol use. This legislation will promote
increased safety as well as accountability.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.11384, referred to transportation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after being
signed into law.

S6186A (ACTIVE) - Bill Text download pdf


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

                                 6186--A
    Cal. No. 1084

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee, ordered to  first  report,  amended  on
  first  report,  ordered  to  a  second  report  and ordered reprinted,
  retaining its place in the order of second report

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  NINE  OR  MORE  OCCUPANTS,  INCLUDING THE DRIVER,
REGARDLESS 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 NINE OR  MORE  OCCUPANTS,  INCLUDING  THE  DRIVER,  IF  BY  SUCH
PERSON'S  GENERAL  APPEARANCE  OR  BY  SUCH PERSON'S CONDUCT OR BY OTHER
SUBSTANTIATING 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD01677-02-9

S. 6186--A                          2

  § 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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The New York State Senate

senate Bill S6186

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Transportation Committee Vote: May 30, 2019

Bill Amendments

S6186 - Details

S6186 - Summary

S6186 - Sponsor Memo

S6186 - Bill Text download pdf

Co-Sponsors

S6186A (ACTIVE) - Details

S6186A (ACTIVE) - Summary

S6186A (ACTIVE) - Sponsor Memo

S6186A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6186

Share this bill

Sponsored By

Jen Metzger

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 6, 2019 - floor Vote

Floor Vote: Jun 6, 2019

May 30, 2019 - Transportation committee Vote

Transportation Committee Vote: May 30, 2019

Bill Amendments

S6186 - Details

S6186 - Summary

S6186 - Sponsor Memo

S6186 - Bill Text download pdf

Co-Sponsors

David Carlucci

Anna M. Kaplan

Timothy M. Kennedy

John C. Liu

James Tedisco

S6186A (ACTIVE) - Details

S6186A (ACTIVE) - Summary

S6186A (ACTIVE) - Sponsor Memo

S6186A (ACTIVE) - Bill Text download pdf

Comments