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This entry was published on 2021-02-05
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SECTION 507-A
Special requirements for for-hire vehicle motor carriers and drivers; drugs and alcohol
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 19
§ 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
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 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:

(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
intoxicating 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
substantiating 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
commissioner 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
regulations 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
carrier has violated any provision of this section or regulations
promulgated pursuant to this section, or has made any false statement or
misrepresentation 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 statement or misrepresentation found to have been made
or committed. 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 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 the same for such periods as the commissioner may
determine. Civil penalties assessed under this subdivision shall be paid
to the commissioner 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 education 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
paragraph (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
transporting 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.