NY Transp L § 138 (2021)
2021 New York Laws TRA - Transportation Article 6 - Matters Relating to All Motor Carriers 138 - General Powers of Commissioner.

§ 138. General   powers   of   commissioner.  The  commissioner  or  a designated employee shall  have  the  following  functions,  powers  and duties:   1.  To regulate motor carriers by establishing reasonable requirements with respect to continuous and adequate  service,  and  by  establishing reasonable  requirements  with  respect  to uniform systems of accounts, records, reports, preservation of records and safety  of  operation  and equipment.   2.  To administer, execute and enforce all provisions of this chapter; to make all necessary  orders  in  connection  therewith;  to  prescribe rules,  regulations  and  procedures  for  such administration; to issue certificates and permits to motor carriers and to  attach  to  any  such certificate  or permit issued, either at time of issuance or at any time thereafter, any reasonable terms, conditions and limitations as shall be consistent with the public interest.   3. To investigate all motor carriers  and  keep  informed  as  to  the manner in which their property is operated, not only with respect to the adequacy,  security,  safety and accommodation afforded by their service but also with respect to their compliance with all  provisions  of  law, regulations  and  orders of the commissioner and to issue such orders in connection therewith as may be required in the public interest.   4. To compel by subpoena duces tecum the production of  any  accounts, books, contracts, records, documents, memoranda and papers.   5.  To  subpoena  witnesses,  take  testimony  and administer oaths to witnesses in any proceeding or examination instituted  or  conducted  in reference to any matter under this chapter.   6.  To  establish  reasonable  classifications  or  groups of carriers included in the term motor carrier as the special nature of the services performed by such motor carriers  or  groups  of  motor  carriers  shall require  and to establish reasonable rules, regulations and requirements to be observed by the motor carriers so classified or grouped.   7. To investigate the cause of all accidents resulting in loss of life or injury to persons or property, which in the  commissioner's  judgment shall require investigation.   8.  Except  as  provided  in  sections one hundred fifty-three and one hundred fifty-four of this chapter, to fix  and  approve  the  route  or routes  of  any  bus  line, except bus lines operating wholly within any city having jurisdiction pursuant to subdivision four of section  eighty of  this  chapter,  and from time to time either upon application of the bus  company,  or  upon  complaint,  or  upon  the  commissioner's   own initiative  and without complaint, but upon reasonable notice, to modify and amend the route or routes of any  such  bus  company.  No  such  bus company  shall  operate a bus line or bus lines upon any highway, avenue or street in the state except along a route as fixed and approved by the commissioner, except that in case of street repairs,  parades  or  other temporary obstruction of the highway, the bus company may use during the period  of  such emergency, another route as close as practicable to the original route. The use of such alternate route  during  the  period  of such   emergency  shall  be  lawful  unless  otherwise  ordered  by  the commissioner. Notice of a proposed change in route or  routes  shall  be given  to  each  county  and  each city, town or village into or through which a proposed route is to pass.   9. To maintain and annually update its website to provide  information with  regard  to  each bus operator or motor carrier under subparagraphs (ii) and (vi) of paragraph a of subdivision two of section  one  hundred forty  of  this  article  requiring  department operating authority that includes  the  bus  operator's  or  motor  carrier's  name,  number   of inspections,  number  of  out of service orders, operator identification  number, location and region of operation  including  place  of  address, percentile  to  which an operator or motor carrier falls with respect to out of service defects, the number  or  percentage  of  out  of  service defects  where  pursuant to the commissioner's regulations no inspection certificate  shall  be  issued  until  the  defect  is  repaired  and  a re-inspection is conducted, and the number of serious physical injury or fatal crashes involving a for-hire vehicle requiring operating authority pursuant to this article.   10. (a) In consultation and cooperation with the commissioner of motor vehicles,  to  establish,  maintain,  monitor, and publicize a toll-free hotline operated and maintained by  the  department  of  motor  vehicles through  which  any  person  may report safety issues with altered motor vehicles commonly referred to as "stretch limousines" having  a  seating capacity  of  nine or more passengers, including the driver, used in the business  of  transporting  passengers  for   compensation.   Upon   the establishment  of  such  toll-free  hotline,  the  commissioner  and the commissioner of motor vehicles shall require every  such  altered  motor vehicle  registered  in  this  state  to  have  posted  therein a notice providing the department of transportation's safe limo New York  website address  and  toll-free hotline number, in a form and manner approved by the commissioner of motor vehicles. Such notice shall  be  posted  in  a manner legible and conspicuous to passengers in all seating positions of such  altered  motor vehicles. For the purposes of this subdivision, the term  "safety  issues"  shall  include,  but  not  be  limited  to,  the operational  condition  and  functioning  of such altered motor vehicle, motor vehicle safety equipment availability and condition, altered motor vehicle inspection and registration, issues related to  certificates  or permits  issued to such altered motor vehicles for the transportation of passengers by the United States  department  of  transportation  or  the commissioner,  and  alleged  violations  of  article  nineteen,  article nineteen-A, or title VII of the vehicle and  traffic  law  by  a  person during his or her operation of such an altered motor vehicle.  (b) (i) The commissioner may investigate reports received through such website, and toll-free hotline related to the provisions of this article or  article  seven  of  this  chapter  and,  where  the commissioner has verified such information, may consider such verified information in the enforcement of such articles, and in setting priorities for  enforcement activities.  (ii)  The  commissioner  of  motor  vehicles  may  investigate reports received  by  such  website,  and  toll-free  hotline  related  to   the provisions  of article five, section three hundred eighty-three, article fourteen, article nineteen, article nineteen-A, and  title  VII  of  the vehicle  and  traffic law and, where substantiated by such commissioner, may consider  such  substantiated  information  in  the  enforcement  of articles  five,  fourteen,  and  nineteen-A  and  section  three hundred eighty-three of such law, and  in  setting  priorities  for  enforcement activities.  (iii)  In  consultation and cooperation with the commissioner of motor vehicles, the commissioner shall report on  safety  issues  reported  to such   website,   and   toll-free  hotline  and  related  investigations summarizing (A) the total number of safety issue  reports  received  and the type of safety issues reported; (B) the total number of safety issue reports  received  and  the  type  of  safety  issues reported where the commissioner or the  commissioner  of  motor  vehicles,  as  applicable, verified  the  information  provided;  (C) enforcement actions and other responses taken  by  the  commissioner  or  the  commissioner  of  motor vehicles,  as  applicable,  to  safety  issue reports received where the commissioner or the commissioner of motor vehicles, as  applicable,  has  verified  such  information;  and  (D)  the  length  of time between the receipt of safety issue  reports  from  such  website,  or  hotline  and enforcement  action  or  other  response  by  the  commissioner  or  the commissioner of motor vehicles, as applicable. Such report shall be made publicly  available  on the department's website in a searchable format, and shall be published no less than once annually. Such report may  also be  included within the department's annual report submitted pursuant to subdivision thirteen of section fourteen of this chapter.