NY Transp L § 80 (2021)
2021 New York Laws TRA - Transportation Article 3 - Jurisdiction of Commissioner; Proceedings Before Commissioner; Recovery of Penalties; Court Preferences; Fees 80 - Jurisdiction of Commissioner.

§ 80. Jurisdiction  of commissioner. 1. The jurisdiction, supervision, powers and duties of the commissioner under this chapter shall extend to common carriers, common and contract carriers  of  passengers  by  motor vehicle,  and common and contract carriers of property by motor vehicle, and  to  the  persons  owning,  leasing  or  operating  the  same.  Such jurisdiction  does  not  extend  however  to any public authority or any subsidiary  thereof  exercising  any  power  granted  under  the  public authorities law.   2.  A  person  or persons owning or holding a majority of the stock of any common carrier specified in subdivision  one  of  this  section  and subject  to the jurisdiction of the commissioner shall be subject to the supervision of the commissioner in respect of the relations between such common carrier and such owners or holders of a  majority  of  the  stock thereof  insofar  as  such  relations  arise  from  or by reason of such ownership or holding of stock thereof or the receipt or holding  of  any money  or  property thereof or from or by reason of any contract between them; and in respect of such relations shall in like manner and  to  the same  extent  as  such  common  carrier  be  subject  to  examination of accounts, records and memoranda  and  shall  furnish  such  reports  and information  as  the  commissioner  shall  from  time to time direct and require and shall be subject to like penalties for default therein.   3. Corporations formed to acquire property  or  to  transact  business which   would  be  subject  to  the  provisions  of  this  chapter,  and corporations and other persons possessing  franchises  for  any  of  the purposes  contemplated by this chapter, shall be deemed to be subject to the provisions of this  chapter  although  no  property  may  have  been acquired, business transacted or franchises exercised.   4.  Notwithstanding any other provision of law, the commissioner shall not have jurisdiction over the regulation of  any  bus  line  operations that  are  wholly  within  the boundaries of any city when such city has adopted an ordinance, local law or charter to regulate or franchise  bus line  operations,  except  that the commissioner shall have jurisdiction with respect to safety of operation of motor vehicles and self-insurance requirements of such bus lines. The commissioner  shall,  however,  have exclusive  jurisdiction  over  the  regulation  of  common  carriers  of passengers by motor vehicle that provide  operations  on  a  prearranged basis  over  non-specified  or irregular routes within a city, except as provided in subdivision five of this section or as otherwise provided in this  chapter.  It  is  further  provided,  however,   that   once   the commissioner  issues  a  certificate  to a motor carrier to operate as a common carrier of passengers by motor vehicle, such motor carrier  shall be  under the exclusive jurisdiction of the commissioner with respect to the service performed under such  certificate,  except  as  provided  in subdivision five of this section.   5. a. (1) Notwithstanding any other provision of law, in any city with a  population  of  over  one  million,  the  commissioner shall not have jurisdiction over the regulation of any  van  service  or  other  common carrier  of  passengers  by motor vehicle covered under article seven of this chapter when such van service  or  other  such  common  carrier  is operated wholly within the boundaries of such city or is operated partly within  such  city  if the partial operation consists of the pick up and discharge of passengers wholly within such  city,  when  such  city  has adopted an ordinance, local law or charter to regulate or franchise such operations;   provided,   however,  that  the  commissioner  shall  have exclusive jurisdiction with respect to the safety of operation of  motor vehicles  operated  as  van  services  or  other such common carriers of passengers,  except  that  concurrent  jurisdiction  with   respect   to enforcement  of  such  safety  standards  may be transferred pursuant to  agreement between the department and such  city;  and  provided  further that  the commissioner shall have exclusive jurisdiction with respect to van services and other such common carriers that are  designed  for  the transport  of  transportation  disabled  persons  as  defined in section fifteen-b of this chapter, except that such city shall continue to  have jurisdiction  over  the  licensure  of  wheelchair  accessible  vans and drivers of such vans as provided in chapter five of  title  nineteen  of the  administrative  code  of the city of New York; and provided further that the commissioner shall have exclusive jurisdiction with respect  to the  operations  of  motor vehicles as van services or other such common carriers of passengers covered under article seven of this chapter to or from an airport in such city when such van services or other such common carriers of passengers have been issued a permit by the  port  authority of  New  York  and  New  Jersey to operate at an airport in such city or apply for such permit and within a reasonable period of time are  issued such  permit  by  such authority. Such local law or ordinance shall: (i) designate a city agency which will assume the regulatory responsibility, (ii) contain regulations for the  issuance  of  operating  authority  in accordance with criteria to be established pursuant to such local law or ordinance,  which  criteria  shall  include  but  not  be limited to the fitness, willingness  and  ability  of  the  applicant  to  provide  the transportation  to  be  authorized by the certificate and to comply with the local law or ordinance, and consideration of the present  or  future public  convenience  and  necessity,  and  prohibit the operation of any vehicle as a van service or other  such  common  carrier  of  passengers without  such  operating authority or without complying with regulations promulgated by the commissioner regarding safety  of  operations,  (iii) make  provisions  for  the  continuation  of operating authority for van services  and  other  such  common  carriers  of  passengers  previously approved  by  the department which are in compliance with such operating authority  through  the  conversion  of  such  operating  authority   to operating  authority  issued  by the city agency designated by the local law or ordinance adopted  pursuant  to  this  subdivision,  pursuant  to agreement  between  the department and such city, provided that all such van services and common carriers shall comply with  such  local  law  or ordinance  within  one  year  of the effective date of such local law or ordinance, (iv) contain adequate regulatory and enforcement  mechanisms, (v)  provide  that  such  city agency shall, after consultation with the department,  render  a  final  administrative   determination   on   any application for the issuance of a permit, certificate or other operating authority  within  one hundred eighty days after a completed application is filed, provided  that  the  failure  to  approve  or  disapprove  any completed  application  by  such  agency  within one hundred eighty days shall be deemed a disapproval of said application, and (vi) provide  for the  imposition  of a fee for such operating authority not to exceed the amount of the license fee  for  for-hire  vehicles  established  by  the commissioner  of  the  agency  having jurisdiction over the licensing of for-hire vehicles in accordance with subdivision b of section 19-504  of the administrative code of the city of New York, as amended.  (2)  Such local law or ordinance shall prohibit a van service or other such common carrier of passengers, other than  van  services  and  other such   common   carriers   that   are  designed  for  the  transport  of transportation disabled persons as defined in section fifteen-b of  this chapter  and  may  lawfully  engage  in such transportation or under the exclusive jurisdiction of the commissioner, from soliciting, picking  up or  discharging  passengers  at  stops  of,  or  along  a route which is traveled upon by, a bus line which is operated by a transit authority or such city or a private bus company approved  by  such  city  to  operate  pursuant  to  a  local  law,  ordinance  or charter provision enacted in accordance with subdivision four of  this  section;  provided,  however, that  such  local  law  or ordinance shall provide that this prohibition shall not apply to the pick up or discharge of passengers in the borough of  Manhattan  south  of  Chambers  Street by van services or other such common carriers of passengers with authority from the department  as  of the  first  day  of  July,  nineteen  hundred  ninety-two  to pick up or discharge passengers along bus routes in  such  area,  provided  further that  the  scope  of  operations  by  such  van services or other common carriers of passengers along bus routes in such area  shall  not  exceed the  scope  of  such operations prior to the first day of July, nineteen hundred ninety-two.  (3) Notwithstanding any provision of law to the contrary,  such  local law  or  ordinance  may provide for the administrative adjudication of a violation  of  such  local  law  or  ordinance  by  an  agency   or   an administrative  tribunal  of an agency heretofore authorized pursuant to the charter of such city to adjudicate violations of  local  law,  rules and  regulations  pertaining  to  for-hire  vehicles  as  if  it  were a violation relating to for-hire  vehicles  and  in  accordance  with  the provisions  of such charter pertaining to the adjudication of violations relating to for-hire vehicles. Such local law or ordinance  may  provide that  notices  of violation of such local law or ordinance may be served by any police officer, officer or employee designated by the city agency with regulatory responsibility, or authorized officers or  employees  of the  transit  authority  of  such  city, and shall be returnable to such agency or administrative tribunal. Such local  law  or  ordinance  shall provide  that the civil penalty imposed by such agency or administrative tribunal for a first violation relating to a van service or  other  such common  carrier  of  passengers  shall  not  be  more  than one thousand dollars, and for a second or subsequent violation within  two  years  of the  first violation shall not be more than twenty-five hundred dollars. Judgments based on  such  adjudications  may  be  entered  and  enforced without  court  proceedings  in  accordance  with the provisions of such charter pertaining to the enforcement of judgments relating to  for-hire vehicles.  (4)  Such  local law or ordinance shall provide that where such agency or administrative tribunal finds an owner liable for operating a vehicle as a van service or other such  common  carrier  without  the  operating authority  required  by  such  local  law  or  ordinance, such agency or administrative tribunal may notify the commissioner of motor vehicles of such  finding  and  the  commissioner  shall   thereupon   suspend   the registration  of  such  vehicle  and  shall deny any application for the registration of such vehicle or any application for the renewal  thereof pursuant  to  subdivision  five-a  of  section  four  hundred one of the vehicle and traffic law until such time as such agency or administrative tribunal may give notice that the violation has been  corrected  to  its satisfaction.  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 for which the registration has  been  suspended  as herein provided shall constitute a class A misdemeanor.  (5)  Such  local  law  or  ordinance  may  provide for the seizure and forfeiture of vehicles that have been operated as a van service or other such common  carrier  of  passengers  without  the  operating  authority required  by  such  local  law  or  ordinance,  in  accordance  with the provisions of paragraphs b and c of this subdivision.   b. (1) A local law or ordinance adopted pursuant  to  paragraph  a  of this  subdivision  may  provide  that  any  police officer or officer or employee designated by the city agency  with  regulatory  responsibility  may, upon service of a notice of violation upon the owner or operator of a  vehicle,  seize  a  vehicle  which  such police officer or authorized officer or employee has reasonable cause to believe is being operated as a van service or other such common carrier of passengers by or on behalf of  an  individual  or  entity  which  is  not  the  holder of operating authority to operate a van service  or  other  such  common  carrier  of passengers.  All  passengers  in  any seized vehicle shall be left in or transported to a location which is readily accessible to other means  of public  transportation.  Any  vehicle  seized pursuant to this paragraph shall be delivered into the custody of the city agency  with  regulatory responsibility  or  other  appropriate  agency  of  the city. Within one business day after the seizure, notice of such seizure and a copy of the notice of violation shall be mailed to the owner of such vehicle at  the address  for  such  owner  set  forth  in  the records maintained by the department of motor vehicles, or for vehicles not registered in New York state, such equivalent record in such state of registration.  (2) A hearing to adjudicate the violation underlying the seizure shall be held before the agency or administrative tribunal designated by  such local  law  or  ordinance  to adjudicate violations of such local law or ordinance within five business days after  the  date  of  seizure.  Such agency  or  administrative tribunal shall within one business day of the conclusion of the hearing render  a  determination  as  to  whether  the vehicle  has  been  operated  by or on behalf of an individual or entity which is not the holder of operating authority to operate a van  service or  other  such common carrier of passengers. An owner shall be eligible to obtain release of such vehicle prior to such hearing  if  such  owner has  not  previously  been  found  liable  in an administrative or court proceeding for operating a vehicle as a van service or other such common carrier in violation of a local law or  ordinance  adopted  pursuant  to paragraph  a of this subdivision, which violation was committed within a five-year period prior  to  the  violation  resulting  in  seizure.  The vehicle  shall  be  released  to an eligible owner upon the posting of a bond in a form satisfactory to such agency or administrative tribunal in an amount that shall not  exceed  an  amount  sufficient  to  cover  the maximum  fines or civil penalties which may be imposed for the violation underlying the seizure and all reasonable costs for removal and  storage of such vehicle.  (3) Where such agency or administrative tribunal after adjudication of the  violation  underlying  the  seizure finds that the vehicle has been operated by or on behalf of an individual or entity  which  is  not  the holder  of  operating  authority  to operate a van service or other such common carrier of passengers, (i) if  the  vehicle  is  not  subject  to forfeiture  pursuant  to paragraph c of this subdivision, such agency or administrative tribunal shall release such  vehicle  to  an  owner  upon payment  of  the applicable fines and civil penalties and all reasonable removal and storage  costs,  or  (ii)  if  the  vehicle  is  subject  to forfeiture  pursuant  to paragraph c of this subdivision, such agency or administrative tribunal may  release  such  vehicle  to  an  owner  upon payment  of  the applicable fines and civil penalties and all reasonable removal and storage costs, or may commence a forfeiture action  pursuant to  paragraph  c  of  this subdivision within ten days after the owner's written demand for such vehicle.  (4) Where such agency or administrative tribunal after adjudication of the violation underlying the seizure finds that the charge of  operating without  the  required  operating  authority has not been sustained, the vehicle shall be released to the owner.  (5) If an owner or representative of such  owner  has  not  sought  to reclaim  a seized vehicle within thirty days after the mailing of notice  to such  owner  of  the  final  adjudication  by  such  city  agency  or administrative  tribunal  of  the violation underlying the seizure, such vehicle shall be deemed by such agency or administrative tribunal to  be abandoned.  Such  vehicle  shall  be disposed of by the city agency with regulatory responsibility  or  other  appropriate  agency  of  the  city pursuant  to  section  twelve  hundred  twenty-four  of  the vehicle and traffic law; provided, however, that  notwithstanding  any  inconsistent provision of section twelve hundred twenty-four of such law, if an owner seeks  to  reclaim  such  vehicle  pursuant to the provisions of section twelve hundred twenty-four of such law, such owner shall  be  deemed  to have  made  a  written  demand  for  such  vehicle  and  such  agency or administrative tribunal shall take such action as may be  authorized  by subparagraph three or four of this paragraph.   c.  (1)  In addition to the penalties, sanctions and remedies provided for in paragraphs a and b of this subdivision or  subdivisions  six  and seven  of  section  one  hundred  forty-five  of this chapter, a vehicle seized pursuant to paragraph b of this subdivision and all rights, title and interest therein shall be subject  to  forfeiture  to  the  city  in accordance with the procedures set forth in this paragraph upon judicial determination thereof if the owner of such vehicle has been found liable at  least  two  times  in  an  administrative  or  court  proceeding for violating a provision of a local law or ordinance  adopted  pursuant  to paragraph  a  of  this  subdivision  that  prohibits  the operation of a vehicle as a van service or other  such  common  carrier  of  passengers without the operating authority required by such local law or ordinance, both of which violations were committed within a five-year period.  (2)  A forfeiture action which is commenced pursuant to this paragraph shall be commenced by filing of a summons with notice or a  summons  and complaint pursuant to the civil practice law and rules, and such summons with  notice  or  summons  and  complaint  shall  be  served pursuant to subparagraph three of this paragraph. A vehicle which is the subject  of such  action  shall  remain  in  the  custody  of  the  city agency with regulatory responsibility  or  other  appropriate  agency  of  the  city pending the final determination of the forfeiture action.  (3)  Service of a summons with notice or a summons and complaint shall be made: (i) by personal service pursuant to the civil practice law  and rules upon all owners of the vehicle listed in the records maintained by the  department of motor vehicles, or for vehicles not registered in New York state, in the records maintained by the state of registration; (ii) by first class mail upon all individuals who  have  notified  such  city agency or administrative tribunal that they are an owner of the vehicle; and  (iii)  by  first  class  mail  upon  all persons holding a security interest in such vehicle which security interest has been filed with the department of motor vehicles pursuant to the provisions of title ten  of the  vehicle and traffic law, at the address set forth in the records of such department, or for vehicles not registered in New York  state,  all persons  holding  a  security  interest  in  such vehicle which security interest has been filed with such state of registration at  the  address provided by such state of registration.  (4)  Any  owner who receives notice of the institution of a forfeiture action who claims an interest in the vehicle subject to forfeiture shall assert a claim for the recovery of the vehicle or  satisfaction  of  the owner's interest in such vehicle by intervening in the forfeiture action in  accordance  with the civil practice law and rules. Any person with a security interest in such vehicle who receives notice of the institution of the forfeiture action who claims an interest in such vehicle  subject to  forfeiture  shall  assert  a claim for satisfaction of such person's  security interest in such  vehicle  by  intervening  in  the  forfeiture action in accordance with the civil practice law and rules.  (5)  No vehicle shall be forfeited under this paragraph, to the extent of the interest of a person who claims an interest in the vehicle, where such person pleads and proves as an affirmative defense  that:  (i)  the use  of  the  vehicle  for  the conduct that was the basis for a seizure authorized by a local law or ordinance adopted pursuant to  paragraph  a of this subdivision occurred without the knowledge of such person, or if such  person  had  knowledge  of  such  use, without the consent of such person, and that such person did not knowingly obtain such  interest  in the  vehicle  in  order to avoid the forfeiture of such vehicle; or (ii) the conduct that was the basis for such seizure  was  committed  by  any person other than such person claiming an interest in the vehicle, while such  vehicle  was unlawfully in the possession of a person who acquired possession thereof in violation of  the  criminal  laws  of  the  United States  or  any  state.  For  purposes  of this subparagraph, where such person claiming an interest in the vehicle had knowledge of the  use  of the  vehicle  for  the conduct that was the basis for such seizure, such person shall be deemed to have consented to the unlawful conduct  unless such  person  establishes  that  he or she did all that could reasonably have been done to prevent the use  of  the  vehicle  for  such  unlawful conduct.  (6)  The  agency  of the city having custody of the forfeited vehicle, after judicial determination of forfeiture, shall,  at  its  discretion, either:  (i)  retain  such  vehicle for the official use of the city or, (ii) by public notice of at  least  twenty  days,  sell  such  forfeited vehicle  at public sale. The net proceeds of any such sale shall be paid into the general fund of such city.  (7) At any time within six months after  the  forfeiture,  any  person claiming  an  interest in a vehicle which has been forfeited pursuant to this paragraph who was not  sent  notice  of  the  commencement  of  the forfeiture  action  pursuant  to subparagraph three of this paragraph or who did not otherwise receive actual notice of the forfeiture action may assert in an action commenced before the justice of  the  supreme  court before whom the forfeiture action was held such claim as could have been asserted in such forfeiture action pursuant to this paragraph. The court may  grant  the relief sought upon such terms and conditions as it deems reasonable and just if such person claiming an interest in  the  vehicle establishes  that  he  or she was not sent notice of the commencement of the forfeiture action and was without actual knowledge of the forfeiture action and establishes either of the affirmative defenses set  forth  in subparagraph five of this paragraph.  (8)  In  any action commenced pursuant to subparagraph two or seven of this paragraph, where the court awards a sum of money  to  one  or  more persons  in  satisfaction  of  such  person's  or  persons'  interest or interests in the forfeited vehicle, the total amount awarded to  satisfy such  interest  or  interests  shall  not  exceed  the amount of the net proceeds of the sale of the forfeited vehicle, after  deduction  of  the lawful  expenses incurred by the city, including the reasonable costs of removal and storage of the vehicle between the time of seizure  and  the date of sale.  (9) For purposes of this paragraph, the term "security interest" shall mean  a  security  interest  as  defined in subdivision k of section two thousand one hundred one of the vehicle and traffic law.   d. For purposes of this subdivision, the term "owner"  shall  mean  an owner  as defined in section one hundred twenty-eight and in subdivision three of section three hundred eighty-eight of the vehicle  and  traffic law.    e. The provisions of this subdivision authorizing penalties, sanctions and  remedies  shall  not  be  construed  to supersede the provisions of subdivisions six and seven of section one  hundred  forty-five  of  this chapter  but  shall  be  construed  to  provide penalties, sanctions and remedies in addition to those provided in such subdivisions.   f. Any city with a population of over one million which adopts a local law  or  ordinance  pursuant to this subdivision to regulate van service and other such common carrier operations shall, no later than two  years following  the  effective  date of such local law or ordinance, submit a report regarding the regulation of such  van  services  and  other  such common  carriers  to the governor, the temporary president of the senate and the speaker of the assembly. Such report shall, to the  extent  such information  is  available,  include  but  not  be  limited  to: (i) the estimated number of  individuals  and  entities  with  proper  operating authority  to  operate a van service and other such common carrier, both prior to the commencement of local regulation and  after  such  two-year period,  and  the  number  of  vehicles  operated by such individuals or entities; (ii) the estimated number of vehicles operated without  proper operating  authority, both prior to the commencement of local regulation and after such two-year period; (iii)  the  number  of  individuals  and entities  which had applied for operating authority during such two-year period; (iv) the number of applications which  had  been  denied  and  a breakdown  of the reasons for such denials; (v) the number of notices of violations or summonses issued to vehicles  pursuant  to  local  law  or ordinance   during   such  two-year  period,  and  a  breakdown  of  the dispositions of such violation notices or summonses; (vi) the number  of vehicles  seized pursuant to local law or ordinance during such two-year period, and a breakdown of the dispositions of such seizures; (vii)  the number  of  vehicles forfeited pursuant to local law or ordinance during such two-year  period;  (viii)  the  total  amount  of  fines  collected pursuant  to  such local law or ordinance; and (ix) a description of the manner in which service is being provided to  commuters  who  previously used  van  services  and  other  such  common  carriers  which  had been operating without proper operating authority.