S T A T E O F N E W Y O R K
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5365
2025-2026 Regular Sessions
I N S E N A T E
February 21, 2025
___________
Introduced by Sen. COMRIE -- 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.
LBD09526-01-5
S. 5365 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.