NY State Senate Bill S6186

Archive: Last Bill Status Via A712 - Signed by Governor

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

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Actions

view actions (22)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2020	signed chap.2
Jan 30, 2020	delivered to governor
Jan 14, 2020	returned to assembly passed senate 3rd reading cal.75 substituted for s6186b
Jan 14, 2020	substituted by a712a
Jan 13, 2020	ordered to third reading cal.75 reported and committed to rules
Jan 08, 2020	print number 6186b
Jan 08, 2020	amend and recommit to transportation referred to transportation returned to senate died in assembly
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

Jan 14, 2020 - floor Vote

A712A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 13, 2020 - Rules committee Vote

S6186B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 13, 2020 - Transportation committee Vote

S6186B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

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

B (Active)

Original

B (Active)

S6186 - Details

See Assembly Version of this Bill:: A712
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 - Details

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

S6186A - Summary

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

S6186A - 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 - 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.

Co-Sponsors

view additional co-sponsors

S6186B (ACTIVE) - Details

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

S6186B (ACTIVE) - Summary

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

S6186B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6186B

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 PROVISION;

Section amends the Vehicle and Traffic Law by adding a new section 507-a
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 directs the Department of Motor Vehicles to undertake a
public education campaign to alert motor carriers and for-hire vehicle
drivers regarding the new requirements.

Section three 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:

2019: Similar version (S.6186-A) passed Senate without objection.
2018: A.11384, referred to transportation.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect one year after being signed into law.

S6186B (ACTIVE) - Bill Text download pdf


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

                                 6186--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 21, 2019
                               ___________

Introduced  by  Sens.  METZGER,  CARLUCCI, KAPLAN, KENNEDY, LIU, PARKER,
  TEDISCO -- 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  -- recommitted to the Committee on
  Transportation in accordance with Senate Rule 6, sec. 8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 507-a to read as follows:
  § 507-A. SPECIAL REQUIREMENTS FOR FOR-HIRE VEHICLE MOTOR CARRIERS  AND
DRIVERS;  DRUGS AND ALCOHOL. 1. (A) ALL MOTOR CARRIERS SHALL BE REQUIRED
TO CONDUCT PRE-EMPLOYMENT AND RANDOM DRUG AND ALCOHOL TESTING IN ACCORD-
ANCE 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
HAVING  A  SEATING  CAPACITY  OF  NINE OR MORE PASSENGERS, 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.
  (B) DRUG TESTING ADMINISTERED PURSUANT TO THIS SUBDIVISION SHALL, AT A
MINIMUM, BE IN CONFORMANCE WITH DRUG TESTING PROCEDURES AS SET FORTH  IN
PART 382 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS.
  2. NO PERSON SHALL:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01677-09-9

S. 6186--B                          2

  (A)  CONSUME  A  DRUG, CONTROLLED SUBSTANCE OR AN INTOXICATING LIQUOR,
REGARDLESS OF ITS ALCOHOLIC CONTENT, OR BE UNDER  THE  INFLUENCE  OF  AN
INTOXICATING  LIQUOR OR DRUG, WITHIN EIGHT HOURS BEFORE GOING ON DUTY OR
OPERATING, OR HAVING PHYSICAL CONTROL OF A  FOR-HIRE  VEHICLE  HAVING  A
SEATING CAPACITY OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER; OR
  (B)  CONSUME  A  DRUG, CONTROLLED SUBSTANCE OR AN INTOXICATING LIQUOR,
REGARDLESS OF ITS ALCOHOLIC CONTENT WHILE ON DUTY, OR OPERATING,  OR  IN
PHYSICAL CONTROL OF A FOR-HIRE VEHICLE HAVING A SEATING CAPACITY OF NINE
OR MORE PASSENGERS, INCLUDING THE DRIVER; OR
  (C)  POSSESS  A  DRUG, CONTROLLED SUBSTANCE OR AN INTOXICATING LIQUOR,
REGARDLESS OF ITS ALCOHOLIC CONTENT, WHILE  ON  DUTY,  OPERATING  OR  IN
PHYSICAL CONTROL OF A FOR-HIRE VEHICLE HAVING A SEATING CAPACITY OF NINE
OR  MORE PASSENGERS, INCLUDING THE DRIVER. HOWEVER, THIS PARAGRAPH SHALL
NOT APPLY TO POSSESSION OF A DRUG, CONTROLLED SUBSTANCE OR AN INTOXICAT-
ING LIQUOR WHICH IS TRANSPORTED  AS  PART  OF  A  SHIPMENT  OR  PERSONAL
EFFECTS  OF  A  PASSENGER  OR TO ALCOHOLIC BEVERAGES WHICH ARE IN SEALED
CONTAINERS.
  3. NO MOTOR CARRIER SHALL REQUIRE OR PERMIT A DRIVER TO:
  (A) VIOLATE ANY PROVISION OF SUBDIVISION TWO OF THIS SECTION; OR
  (B) BE ON DUTY OR OPERATE A FOR-HIRE VEHICLE HAVING A SEATING CAPACITY
OF NINE OR MORE PASSENGERS, 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  LIQUOR WITHIN THE PRECEDING EIGHT HOURS
BEFORE SUCH DRIVER OPERATES SUCH FOR-HIRE VEHICLE.
  4. (A) EVERY MOTOR CARRIER SHALL SUBMIT AN AFFIDAVIT  TO  THE  COMMIS-
SIONER  ATTESTING  TO COMPLIANCE WITH THIS SECTION. SUCH AFFIDAVIT SHALL
BE SUBMITTED ANNUALLY BEGINNING NO  LATER  THAN  SIX  MONTHS  AFTER  THE
EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  IN A MANNER PRESCRIBED BY REGU-
LATIONS ESTABLISHED BY THE COMMISSIONER.
  (B) WHERE AN AFFIDAVIT IS NOT SUBMITTED PURSUANT TO THIS SECTION,  THE
COMMISSIONER  MAY, IN HIS OR HER DISCRETION, SUSPEND THE REGISTRATION OF
THE FOR-HIRE VEHICLE OR VEHICLES OR DENY REGISTRATION OR RENEWAL TO  THE
FOR-HIRE  VEHICLE  OR  VEHICLES  OWNED OR OPERATED BY THE MOTOR CARRIER.
SUCH SUSPENSION OR DENIAL SHALL ONLY REMAIN IN EFFECT  AS  LONG  AS  THE
MOTOR CARRIER FAILS TO SUBMIT SUCH AFFIDAVIT.
  (C)  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 CARRI-
ER HAS VIOLATED ANY PROVISION OF THIS SECTION OR REGULATIONS PROMULGATED
PURSUANT TO THIS SECTION, OR HAS MADE ANY FALSE STATEMENT  OR  MISREPRE-
SENTATION  ON  ANY  AFFIDAVIT OF COMPLIANCE FILED WITH THE COMMISSIONER.
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 MISREPRESENTATION 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  MISREPRESENTATION FOUND TO HAVE BEEN MADE OR COMMITTED. IF THE
REGISTRANT FAILS TO PAY SUCH PENALTY WITHIN TWENTY DAYS AFTER THE  MAIL-
ING  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 COMMISSIONER MAY
REVOKE THE FOR-HIRE VEHICLE REGISTRATIONS OR OUT OF  STATE  REGISTRATION
PRIVILEGE OF OPERATION IN THE STATE OF SUCH MOTOR CARRIER OR MAY SUSPEND

S. 6186--B                          3

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  DEDICATED HIGHWAY AND BRIDGE TRUST FUND
ESTABLISHED  PURSUANT  TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW
AFTER REIMBURSING THE DEPARTMENT FOR THE ACTUAL COSTS OF  PUBLIC  EDUCA-
TION  ACTIVITIES UNDERTAKEN BY THE DEPARTMENT TO IMPLEMENT THIS SECTION,
AND UNPAID CIVIL PENALTIES MAY BE RECOVERED BY  THE  COMMISSIONER  IN  A
CIVIL ACTION IN THE NAME OF THE COMMISSIONER.
  (D)  UPON  THE  SUSPENSION OF A VEHICLE REGISTRATION PURSUANT TO PARA-
GRAPH (B) OR (C) OF THIS SUBDIVISION, THE COMMISSIONER  SHALL  HAVE  THE
AUTHORITY  TO  DENY  A  REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME FOR-HIRE VEHICLE AND  MAY  DENY  A  REGISTRATION  OR
RENEWAL  APPLICATION  FOR ANY OTHER FOR-HIRE MOTOR VEHICLE REGISTERED IN
THE NAME OF THE APPLICANT WHERE THE COMMISSIONER HAS REASONABLE  GROUNDS
TO  BELIEVE  THAT  SUCH  REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF
DEFEATING THE PURPOSES OF THIS SECTION. SUCH SUSPENSION OR DENIAL  SHALL
REMAIN  IN  EFFECT  ONLY  AS  LONG AS THE SUSPENSION ENTERED PURSUANT TO
PARAGRAPH (B) OR (C) OF THIS SUBDIVISION REMAINS IN EFFECT.
  5. FOR PURPOSES OF THIS SECTION, THE TERM "MOTOR CARRIER"  SHALL  MEAN
ANY  PERSON,  FIRM, CORPORATION, ASSOCIATION OR ENTITY WHICH DIRECTS ONE
OR MORE DRIVERS OF A FOR-HIRE VEHICLE  OR  VEHICLES,  HAVING  A  SEATING
CAPACITY  OF  NINE  OR  MORE PASSENGERS, INCLUDING THE DRIVER, AND WHICH
OPERATES SUCH FOR-HIRE VEHICLE OR VEHICLES IN THE BUSINESS OF TRANSPORT-
ING PASSENGERS FOR COMPENSATION, AND THE TERM "FOR-HIRE  VEHICLE"  SHALL
MEAN  A  TAXICAB  OR  LIVERY  HAVING  A SEATING CAPACITY OF NINE OR MORE
PASSENGERS, INCLUDING THE DRIVER, INCLUDING  AN  ALTERED  MOTOR  VEHICLE
COMMONLY  REFERRED TO AS A "STRETCH LIMOUSINE" HAVING A SEATING CAPACITY
OF NINE OR MORE PASSENGERS, INCLUDING THE DRIVER.
  § 2. The commissioner of  motor  vehicles  shall  undertake  a  public
education campaign to alert motor carriers and drivers of for-hire vehi-
cles  of the provisions of section 507-a of the vehicle and traffic law,
as added by section one of this act. For the purposes of  this  section,
the  terms  "motor  carrier"  and "for-hire vehicle" shall have the same
meanings as defined by subdivision 5 of such section 507-a.
  § 3. This act shall take effect one year after it shall have become  a
law. Effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.

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senate Bill S6186

Sponsored By

Archive: Last Bill Status Via A712 - Signed by Governor

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Votes

Jan 14, 2020 - floor Vote

Floor Vote: Jan 14, 2020

Jan 13, 2020 - Rules committee Vote

Committee Vote: Jan 13, 2020

Jan 13, 2020 - Transportation committee Vote

Committee Vote: Jan 13, 2020

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 - Details

S6186A - Summary

S6186A - Sponsor Memo

S6186A - Bill Text download pdf

Co-Sponsors

S6186B (ACTIVE) - Details

S6186B (ACTIVE) - Summary

S6186B (ACTIVE) - Sponsor Memo

S6186B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6186

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Archive: Last Bill Status Via A712 - Signed by Governor

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Votes

Jan 14, 2020 - floor Vote

Floor Vote: Jan 14, 2020

Jan 13, 2020 - Rules committee Vote

Committee Vote: Jan 13, 2020

Jan 13, 2020 - Transportation committee Vote

Committee Vote: Jan 13, 2020

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 - Details

S6186A - Summary

S6186A - Sponsor Memo

S6186A - Bill Text download pdf

Co-Sponsors

S6186B (ACTIVE) - Details

S6186B (ACTIVE) - Summary

S6186B (ACTIVE) - Sponsor Memo

S6186B (ACTIVE) - Bill Text download pdf

Comments