Assembly Bill A6989

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6989
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the transportation  law,  in  relation  to  establishing
   mandatory  safety  compliance  requirements  for companies contracting
   with motor carriers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "motor carrier safety compliance requirement act."
   § 2. Legislative intent and purpose. It is the intent of the  legisla-
 ture  to enhance the safety of transportation services in New York state
 by requiring companies contracting with motor carriers to verify compli-
 ance with safety regulations,  maintain  proper  oversight,  and  ensure
 adherence to established safety practices.
   §  3. The transportation law is amended by adding a new section 160 to
 read as follows:
   § 160. SAFETY COMPLIANCE REQUIREMENTS. 1. FOR  THE  PURPOSES  OF  THIS
 SECTION:  (A) "CONTRACTING COMPANY" MEANS ANY CONTRACT OR COMMON CARRIER
 OF PASSENGERS OR PROPERTY BY MOTOR VEHICLE, AS DEFINED BY SECTION TWO OF
 THIS CHAPTER.
   (B) "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION  (FMCSA)"  MEANS  THE
 FEDERAL  AGENCY  RESPONSIBLE  FOR  REGULATING AND ENSURING THE SAFETY OF
 MOTOR CARRIERS OPERATING IN THE UNITED STATES.
   2. (A) COMPANIES ENGAGING MOTOR CARRIERS FOR  TRANSPORTATION  SERVICES
 SHALL CONDUCT A THOROUGH VETTING PROCESS TO ENSURE THE MOTOR CARRIER:
   (I) POSSESSES A VALID SAFETY RATING FROM THE FMCSA; AND
   (II)  COMPLIES  WITH  ALL  APPLICABLE  FEDERAL  AND STATE SAFETY REGU-
 LATIONS.
   (B) THE VETTING PROCESS SHALL  INCLUDE  AN  ASSESSMENT  OF  THE  MOTOR
 CARRIER'S:
   (I) SAFETY MANAGEMENT CONTROLS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08746-01-5
              

 A. 6989                             2
 
   (II) DRIVER MONITORING SYSTEMS (DMS); AND
   (III) FATIGUE MANAGEMENT PROGRAMS.
   3.  (A) MOTOR CARRIERS SHALL PROVIDE PROSPECTIVE CONTRACTING COMPANIES
 WITH DOCUMENTATION OF THEIR SAFETY POLICIES  AND  PROCEDURES,  INCLUDING
 BUT NOT LIMITED TO:
   (I) DRIVER MONITORING SYSTEMS; AND
   (II) FATIGUE MANAGEMENT POLICIES AND PRACTICES.
   (B) DOCUMENTATION SHALL INCLUDE:
   (I) RECORDS OF COMPLIANCE WITH FMCSA REGULATIONS; AND
   (II)  RECORDS  OF CORRECTIVE ACTIONS TAKEN TO ADDRESS ANY SAFETY DEFI-
 CIENCIES.
   4. MOTOR CARRIERS SHALL SUBMIT AN ANNUAL REPORT  TO  EACH  CONTRACTING
 COMPANY, INCLUDING THE FOLLOWING:
   (A) SAFETY RATINGS FROM THE FMCSA;
   (B)  RECORDS  OF  INCIDENTS, CRASHES, AND INTERVENTIONS IMPLEMENTED TO
 IMPROVE SAFETY; AND
   (C) AN UPDATED OVERVIEW  OF  THE  MOTOR  CARRIER'S  DRIVER  MONITORING
 SYSTEMS  AND ANY CHANGES OR IMPROVEMENTS MADE WITHIN THE REPORTING PERI-
 OD.
   5. (A) COMPANIES THAT FAIL TO CONDUCT THE REQUIRED VETTING OR KNOWING-
 LY ENGAGE NON-COMPLIANT MOTOR CARRIERS MAY BE HELD  LIABLE  FOR  DAMAGES
 RESULTING  FROM  ACCIDENTS  OR  INCIDENTS  CAUSED BY THE MOTOR CARRIER'S
 UNSAFE PRACTICES.
   (B) THE DEPARTMENT MAY ESTABLISH PENALTIES FOR  CONTRACTING  COMPANIES
 THAT FAIL TO ADHERE TO THE VETTING AND REPORTING REQUIREMENTS, WHICH MAY
 INCLUDE  FINES, SUSPENSION OF OPERATING PRIVILEGES, OR OTHER APPROPRIATE
 MEASURES.
   6. THE DEPARTMENT, IN COLLABORATION WITH INDUSTRY STAKEHOLDERS,  SHALL
 DEVELOP AND PROVIDE RESOURCES AND TRAINING MATERIALS TO ASSIST COMPANIES
 IN  UNDERSTANDING  THE IMPORTANCE OF MOTOR CARRIER SAFETY COMPLIANCE AND
 THE VETTING PROCESS REQUIRED BY THIS SECTION.
   § 4. This act shall take effect on the ninetieth day  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.