NY Transp L § 140 (2021)
2021 New York Laws TRA - Transportation Article 6 - Matters Relating to All Motor Carriers 140 - Safety Requirements.

§ 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.