§ 140. Safety requirements. 1. Every common, contract and private
carrier of passenger by motor vehicle involved in interstate,
intrastate, or international commerce domiciled in New York shall
furnish and provide with respect thereto such service and facilities as
shall be safe and adequate. Any such carrier shall give immediate notice
to the commissioner of every accident to which it shall, in the course
of its operations, have been a party.

2. a. Notwithstanding any other provision of law, general or special,
the commissioner shall have the power to adopt rules and regulations
governing the safety of operation of:

(i) All motor vehicles transporting passengers to and from schools,
for hire, or owned and/or operated by school districts or any public or
private school. For the purpose of this subdivision, "school" shall be
as defined in subdivision twenty-six of section two of this chapter,
except that it shall not include schools and community residences as
such terms are defined in section 1.03 of the mental hygiene law.

(ii) All motor carriers, private motor carriers, employees and
commercial motor vehicles that transport property or passengers in
intrastate, interstate, or international commerce.

(iii) All buses operated pursuant to or requiring regulatory authority
from any city that has adopted an ordinance, local law or charter to
regulate or franchise bus line operations pursuant to section eighty of
this chapter.

(iv) All van services or other common carriers of passengers by motor
vehicle covered under article seven of this chapter, which van services
or other such common carriers of passengers are operated pursuant to or
requiring regulatory authority from any city with a population of over
one million that has adopted an ordinance or local law pursuant to
subdivision five of section eighty of this chapter.

(v) Notwithstanding subparagraph (i) of this paragraph, all motor
vehicles transporting passengers under the age of twenty-one from
schools and community residences, as such terms are defined in section
1.03 of the mental hygiene law, to school programs approved by the state
education department.

(vi) All double-decker vehicles designed to comfortably seat and carry
eight or more passengers and providing transportation for compensation
when that transportation is performed as a sightseeing service conducted
pursuant to the jurisdiction or regulatory control of a city with a
population of one million or more when such service is performed wholly
within such city.

b. The department shall have the power to examine vehicles, facilities
and records subject to the provisions of this subdivision, at any time
and place where they are found, to ascertain whether such rules and
regulations are being obeyed. The rules and regulations of the
commissioner shall provide for the inspection of all such vehicles,
facilities and records subject to the provisions of this subdivision, at
such periods and at such manner as the commissioner may direct, and,
when adopted, shall have the full force and effect of law.

c. In addition to the provisions of section one hundred forty-five of
this article:

(i) No motor carrier, private motor carrier, employee or commercial
motor vehicle that transports property or passengers in intrastate,
interstate, or international commerce shall operate in this state unless
such motor carrier, private motor carrier, employee or commercial motor
vehicle is in compliance with the department's safety rules and
regulations.

(ii) Any person who operates, or any corporation, company,
association, joint stock association, partnership, person or any officer
or agent thereof, who shall require or permit any person to operate, a
motor vehicle in violation of the department's safety rules and
regulations shall be guilty of a traffic infraction and all of the
provisions of the vehicle and traffic law, except as otherwise
specifically provided herein, shall be applicable thereto.

(iii) (a) Except as provided in subparagraph (iv) of this paragraph,
any person, corporation, company, association, joint stock association,
partnership, person or any officer or agent thereof, found guilty of
violating any of the department's safety rules or regulations shall be
subject to a fine of not less than two hundred fifty dollars nor more
than one thousand dollars for the first offense, and upon being found
guilty of a second or subsequent offense committed within eighteen
months by a fine of not less than one thousand dollars nor more than one
thousand five hundred dollars, or by imprisonment for not more than
thirty days or by both such fine and imprisonment.

(b) Any person, corporation, company, association, joint stock
association, partnership, person or any officer or agent thereof, found
guilty of violating any of the department's safety rules or regulations
involving an out-of-service defect relating to brake systems, steering
components and/or coupling devices shall be subject to a fine of not
less than five hundred dollars nor more than one thousand two hundred
fifty dollars for the first offense, and upon being found guilty of a
second or subsequent offense committed within eighteen months by a fine
of not less than one thousand two hundred fifty dollars nor more than
three thousand dollars, or by imprisonment for not more than sixty days
or by both such fine and imprisonment; provided, however, that if any
such person, corporation, company, association, joint stock association,
partnership, person or any officer or agent thereof is operating a farm
vehicle registered pursuant to subdivision thirteen of section four
hundred one of the vehicle and traffic law in conformance with the terms
of such registration, and if the violation as set forth in the summons
is corrected not later than one-half hour after sunset on the third full
business day after the issuance of the summons and proof of such
correction as set forth in item (b) of subparagraph (iv) of this
paragraph is submitted to the court, the penalty for a first violation
involving brake systems shall be a fine of two hundred fifty dollars,
the penalty for a first violation involving steering components and/or
coupling devices shall be a fine of two hundred dollars and the penalty
for a first violation involving any other out-of-service defect shall be
a fine of one hundred fifty dollars. A motor vehicle shall be deemed to
be out-of-service only until such time as the applicable out-of-service
defect is repaired or adjusted.

Any person, corporation, company, association, joint stock
association, partnership, person or any officer or agent thereof, found
guilty of violating any of the department's safety rules or regulations
involving an out-of-service defect relating to load securement, shall be
subject to a fine of not less than one thousand dollars nor more than
one thousand five hundred dollars for the first offense, and upon being
found guilty of a second or subsequent offense committed within eighteen
months by a fine of not less than one thousand five hundred dollars nor
more than three thousand dollars, or by imprisonment for not more than
sixty days or by both such fine and imprisonment; provided, however,
that if any such person, corporation, company, association, joint stock
association, partnership, person or any officer or agent thereof is
operating a farm vehicle registered pursuant to subdivision thirteen of
section four hundred one of the vehicle and traffic law in conformance
with the terms of such registration, the penalty for such violation
shall be a fine of five hundred dollars. A motor vehicle shall be deemed
to be out-of-service only until such time as the applicable
out-of-service defect is repaired or adjusted.

(iv) (a) Any complaint issued for an equipment violation, except for a
violation involving an out-of-service defect relating to load
securement, brake systems, steering components and/or coupling devices
or except for a violation involving the operation of any motor vehicle
after it has been placed out-of-service, shall be dismissed by the court
before such summons is returnable if the violation as set forth in the
summons is corrected not later than one-half hour after sunset on the
first full business day, or if such complaint involves a farm vehicle
registered pursuant to subdivision thirteen of section four hundred one
of the vehicle and traffic law and operated in conformance with the
terms of such registration, not later than one-half hour after sunset on
the third full business day after the issuance of the summons and proof
of such correction as set forth in item (b) of this subparagraph is
submitted to the court. For the purposes of this subparagraph, "business
day" shall mean any calendar day except Sunday, or the following
business holidays: New Year's Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving
Day and Christmas Day.

(b) Acceptable proof of repair or adjustment shall consist of
submission to the court on or before the return date of the summons of
(I) a statement of correction from an officially designated state
inspection station duly executed by the person performing or making such
inspection and bearing the official stamp of the state inspection
station, (II) a statement of correction from an automobile repair shop
on the letterhead of such repair shop duly executed by the person who
made the correction or (III) a signed statement of any police officer or
a department inspector that the necessary corrections have been made.
The statement required by this subparagraph shall be directed to the
court having jurisdiction of the alleged violation, shall be affirmed as
true under penalty of perjury, and shall include the name, occupation
and position of the person making the statement, the time and date that
the repairs or inspection were made and a statement that the defective
equipment, cited in the violation, on the vehicle in question, is in
proper working order.

(v) (a) A driver who is convicted of violating an out-of-service order
as provided for in the department's safety rules and regulations shall
be guilty of a traffic infraction which shall be punishable by a fine of
not less than three thousand dollars nor more than five thousand dollars
upon the first offense, and upon being found guilty of a second or
subsequent offense within eighteen months by a fine of not less than six
thousand dollars nor more than seven thousand dollars.

(b) No person, corporation, limited liability company or business
entity, joint stock association, partnership, or any officer or agent
thereof, shall knowingly allow, require, permit or authorize any person
to operate a commercial motor vehicle as defined by section five hundred
one-a of the vehicle and traffic law during any period in which such
person, such commercial motor vehicle, or such motor carrier operation
has been placed out of service as provided for in the department's
safety rules and regulations and shall be subject to a fine of not less
than three thousand seven hundred fifty dollars and not more than thirty
thousand dollars for any violation thereof.

(c) No person, corporation, limited liability company or business
entity, joint stock association, partnership, or any officer or agent
thereof, shall knowingly allow, require, permit or authorize any person
to operate a commercial motor vehicle as defined in section five hundred
one-a of the vehicle and traffic law in violation of section eleven
hundred seventy-one or eleven hundred seventy-six of the vehicle and
traffic law and, upon conviction thereof, shall be subject to a fine of
not more than twelve thousand dollars for any violation thereof.

(vi) If any person, corporation, company, association, joint stock
association, partnership, person or any officer or agent thereof, does
not appear in response to an appearance ticket or the court's direction,
or pay any fine imposed by the court or a civil penalty imposed pursuant
to the provisions of section one hundred forty-five of this article, the
commissioner of motor vehicles shall have the power to suspend the
registration or privilege of operation of any vehicle operated or
alleged to have been operated in violation of the department's safety
rules and regulations.

(vii) No person, corporation, limited liability company or business
entity, joint stock association, partnership, or any officer or agent
thereof, shall knowingly allow, require, permit or authorize any person
to operate a commercial motor vehicle, as defined in section five
hundred one-a of the vehicle and traffic law, during any period in which
the operator:

(a) does not have a valid commercial learner's permit or commercial
driver's license; or

(b) does not have a commercial learner's permit or commercial driver's
license with the proper class or endorsements; or

(c) violates any restriction on such operator's commercial learner's
permit or commercial driver's license; or

(d) has a commercial learner's permit or commercial driver's license
that is suspended, revoked or cancelled, or such operator has been
otherwise disqualified by the commissioner of motor vehicles; or

(e) has more than one commercial learner's permit or commercial
driver's license.

A violation of this subparagraph shall be punishable by a fine of not
less than two hundred fifty dollars nor more than one thousand two
hundred fifty dollars.

3. No motor vehicle designed to carry passengers, as described in
subdivision two of this section, shall be operated within the state
unless it carries prominently displayed thereon the name of the operator
and certificate evidencing an inspection in accordance with the rules
and regulations of the commissioner within a period of six months last
preceding. The commissioner may, by order, rule or regulation, exempt
from the requirements of this subdivision, vehicles which are not
operated exclusively in transportation services for which inspection is
required, provided that written evidence of the names otherwise subject
to prominent display and such a certificate of inspection are at all
times carried within such vehicles to be made available for examination
upon proper demand, while the vehicles are operated in such service. In
addition, the commissioner may, by order, rule or regulation, establish
a risk-based inspection program whereby operators whose inspection
performance fails to meet performance standards established by the
commissioner shall be subject to comprehensive safety reviews and/or
additional inspections.

4. Each motor vehicle engaged in the interstate or international
transportation of passengers operated within the state shall be subject
to subdivision three of this section as to the display of the name of
the operator thereof, and of such certificate of inspection as to the
safety of its appliances, equipment and mechanical operation, as the
commissioner may, by rules and regulations require. In respect to such
motor vehicle, the commissioner may, in lieu of a certificate of the
commissioner, authorize the display of a certificate of inspection
issued within a period of twelve months last preceding, by a regulatory
body of another state, or a province of Canada, having safety standards
determined by the commissioner not to be substantially lower than those
prescribed by the commissioner. The rules and regulations to be adopted
under this subdivision shall insofar as practicable be uniform and the
provisions of the vehicle and traffic law so far as applicable and not
in conflict with the provisions of this subdivision, shall continue to
apply to all such motor vehicles.

5. No motor vehicle with a seating capacity of more than eleven
passengers manufactured after December thirty-first, nineteen hundred
seventy-five, used in the business of transporting school children for
hire or used for the transportation of school children, owned and/or
operated by school districts or by any public or private school shall be
operated within the state, unless each seat, other than the driver's
seat, on such vehicle is equipped with a padded back at least
twenty-eight inches in height of a type and specification approved by
the commissioner. Any person who operates a motor vehicle in violation
of the requirement for such seat backs shall be guilty of a violation,
punishable by a fine not exceeding one hundred dollars. The provisions
of this subdivision shall not apply to any bus used for the
transportation of pupils, teachers and other persons acting in a
supervisory capacity to and from school activities and which bus does
not receive or discharge passengers on or along the public highways on
regularly scheduled routes and which is being operated pursuant to
for-hire operating authority issued by the commissioner or by the United
States department of transportation. School buses manufactured or
assembled prior to April first, nineteen hundred seventy-seven may not
be used to transport pupils, teachers and other persons acting in a
supervisory capacity to and from school activities.

6. Notwithstanding any inconsistent provision of this chapter or of
any other law, general or special, or any rule or regulation, it shall
be unlawful, except in cases of emergency, for any person operating any
bus in intercity or suburban service where the length of a non-stop trip
is more than twenty-five miles to allow passengers to stand in the aisle
of any such bus while such bus is in motion. The commissioner may, upon
application, waive this provision in unique or special circumstances if
it is in the public interest to do so.

7. The powers granted to the commissioner by this section to regulate
and prescribe safety requirements for motor vehicle equipment and
appliances shall not supersede or otherwise limit, qualify or modify the
powers granted to the commissioner of motor vehicles in respect thereto
pursuant to the vehicle and traffic law and shall not be exercised,
except in furtherance and in addition to any regulations or requirements
of the commissioner of motor vehicles made pursuant to law.

8. The jurisdiction of the commissioner over the matters herein
conferred on the commissioner shall be exclusive.

9. a. If, after notice and opportunity to be heard, the commissioner
shall find that any person is operating in violation of the provisions
of this section, the commissioner may penalize such person pursuant to
subdivision three of section one hundred forty-five of this article. The
commissioner may also notify the commissioner of motor vehicles that
such person is operating in violation of this section and the
commissioner of motor vehicles shall thereupon suspend the registration
of all motor vehicles owned or operated by such person, with the
exception of private passenger automobiles, until such time as the
commissioner may give notice that the violation has been satisfactorily
adjusted, and the commissioner of motor vehicles may direct any police
officer to secure possession of the number plates of such motor vehicles
and to return the same to the commissioner of motor vehicles. Failure of
the holder or of any person possessing such number plates to deliver
such number plates to any police officer who requests the same pursuant
to this subdivision shall constitute a misdemeanor. The commissioner of
motor vehicles shall have the authority to deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where it has been determined
that such registrant's intent has been to evade the purposes of this
subdivision and where the commissioner of motor vehicles has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. The procedure on
any such suspension shall be the same as in the case of a suspension
under the vehicle and traffic law. Operation of any motor vehicle while
under suspension as herein provided shall constitute a class A
misdemeanor. A person who operates a motor vehicle while such vehicle is
under suspension as provided in this subdivision in a manner that causes
the death of another person, knowing that the operation of such vehicle
is in violation of this subdivision, shall be guilty of a class E
felony.

b. (i) Whenever an altered motor vehicle commonly referred to as a
"stretch limousine" has failed an inspection and been placed
out-of-service, the commissioner may direct a police officer or his or
her agent to immediately secure possession of the number plates of such
vehicle and return the same to the commissioner of motor vehicles. The
commissioner shall notify the commissioner of motor vehicles to that
effect, and the commissioner of motor vehicles shall thereupon suspend
the registration of such vehicle until such time as the commissioner
gives notice that the out-of-service defect has been satisfactorily
adjusted. Provided, however, that the commissioner shall give notice and
an opportunity to be heard within not more than thirty days of the
suspension. Failure of the holder or of any person possessing such
plates to deliver to the commissioner or his or her agent who requests
the same pursuant to this paragraph shall be a misdemeanor. The
commissioner of motor vehicles shall have the authority to deny a
registration or renewal application to any other person for the same
vehicle where it has been determined that such registrant's intent has
been to evade the purposes of this paragraph and where the commissioner
of motor vehicles has reasonable grounds to believe that such
registration or renewal will have the effect of defeating the purposes
of this paragraph. The procedure on any such suspension shall be the
same as in the case of a suspension under the vehicle and traffic law.
Operation of such motor vehicle while under suspension as provided in
this subdivision shall constitute a class A misdemeanor.

(ii) (a) Upon the seizure of number plates pursuant to subparagraph
(i) of this paragraph, if the out-of-service defect is of a type where
pursuant to the commissioner's regulations no inspection certificate
will be issued until the defect is repaired and a re-inspection is
conducted, or is related to its horn, and the commissioner determines
that allowing the altered motor vehicle to leave the inspection area
would be contrary to public safety, the commissioner may: (A) remove or
arrange for the removal of, or may direct any police officer to remove
or arrange for the removal of, the altered motor vehicle to a non-public
garage or other place of safety where it shall remain impounded, subject
to the provisions of this section; or (B) immobilize or arrange for the
immobilization of the altered motor vehicle on premises owned or under
the control of the owner of such altered motor vehicle, subject to the
provisions of this section. The altered motor vehicle shall be entered
into the New York statewide police information network as an impounded
or immobilized vehicle and the commissioner shall promptly notify the
owner that the altered motor vehicle has been impounded or immobilized
and the reason or reasons for such impoundment or immobilization, and
give such owner an opportunity to be heard within not more than thirty
days of the suspension imposed pursuant to subparagraph (i) of this
paragraph.

(b) A motor vehicle so impounded or immobilized shall be in the
custody of the commissioner and shall not be released unless the
commissioner is satisfied that repairs have been scheduled or been made
to satisfactorily adjust such vehicle's out-of-service defect or defects
and such vehicle has been re-inspected.

(c) The commissioner shall provide written notice to the owner or
operator of the service repair shop or impoundment lot informing them
that such impounded vehicle shall not be released without the written
approval of the commissioner. Release of such impounded vehicle without
approval by the commissioner shall be punishable by a fine of up to ten
thousand dollars;

10. For purposes of this section, the terms "employee" and "employer"
shall have the same meanings as such terms are defined by section 390.5
of title 49 of the code of federal regulations, as such regulations are
amended from time to time.