NY Veh & Traf L § 507-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 19 - Licensing of Drivers 507-A - Special Requirements for For-Hire Vehicle Motor Carriers and Drivers; Drugs and Alcohol.

§  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.