NY Transp L § 145 (2021)
2021 New York Laws TRA - Transportation Article 6 - Matters Relating to All Motor Carriers 145 - Penalties and Forfeitures for Violations.

§ 145. Penalties and forfeitures for violations. 1. Any certificate or permit  may,  after  a  hearing,  be  suspended,  cancelled,  revoked or modified, in whole or in part, for failure to comply with the provisions of this chapter or with any lawful rule,  order  or  regulation  of  the commissioner  promulgated  hereunder  or  with  any  term, condition, or limitation of such certificate  or  permit  or  for  failure  to  render reasonably  continuous  service  within  the scope of the certificate or permit.   2. The commissioner may upon  complaint  or  upon  the  commissioner's initiative  without  complaint  institute proceedings to revoke, cancel, suspend or modify any certificate or  permit  issued  pursuant  to  this chapter  after  a  hearing  at  which  the holder of such certificate or permit  and  any  person  making  such  complaint  shall  be  given   an opportunity  to  be  heard.  Provided,  however,  that  any order of the commissioner  revoking,  cancelling,   suspending   or   modifying   any certificate or permit shall not become effective until thirty days after the  serving  of  notice  thereof upon the holder of such certificate or permit, unless the commissioner determines that the continued holding of such certificate or permit for such period  would  be  contrary  to  the public  interest.  Hearings  shall  be held in such manner and upon such notice as may be prescribed by  rules  of  the  commissioner,  but  such notice  shall be of not less than ten days and shall state the nature of the complaint.   3. In addition to, or in lieu of, any  sanctions  set  forth  in  this section,  the commissioner may, after a hearing, impose a penalty not to exceed a maximum of ten thousand dollars in any one proceeding upon  any person  if  the commissioner finds that such person or officer, agent or employee thereof has failed to comply  with  the  requirements  of  this chapter or any rule, regulation or order of the commissioner promulgated thereunder.  If  such penalty is not paid within four months, the amount thereof may be entered as a judgment in the office of the clerk  of  the county  of  Albany  and in any other county in which the person resides, has a place of business or through which  it  operates.  Thereafter,  if said judgment has not been satisfied within ninety days, any certificate or permit held by any such person may be revoked upon notice but without a further hearing. Provided, however, that if a person shall apply for a rehearing of the determination of the penalty pursuant to the provisions of  section  eighty-nine  of this chapter, judgment shall not be entered until a determination has been made on the application for a  rehearing. Further provided however, that if after a rehearing a penalty is imposed and  such  penalty is not paid within four months of the date of service of the rehearing decision, the amount of such penalty may be entered  as a judgment in the office of the clerk of the county of Albany and in any other  county  in  which  the person resides, has a place of business or through which it operates. Thereafter, if said  judgment  has  not  been satisfied within ninety days, any certificate or permit held by any such person may be revoked upon notice but without a further hearing.   4. If after notice and opportunity to be heard, the commissioner shall find  that  any  person  or  persons  is or are providing transportation subject to regulation under this chapter without having any  certificate or  permit,  or  is  or  are  holding  themselves  out  to the public by advertising or any other means to provide  such  transportation  without having  any  certificate  or  permit  or  approval  from  a  city having jurisdiction  pursuant  to  section  eighty   of   this   chapter,   the commissioner  may  notify  the  commissioner  of  motor vehicles to that effect and the commissioner of motor vehicles  shall  thereupon  suspend the  registration  or  registrations  of  all  motor  vehicles  owned or operated by such person or persons except private passenger  automobiles  until  such  time  as the commissioner of transportation 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.   5. Any person, whether  carrier,  passenger,  shipper,  consignee,  or broker,  or  any officer, employee, agent or representative thereof, who shall knowingly offer, grant or give or solicit, accept, or receive  any rebate,  concession  or  discrimination in violation of this chapter, or who by means of any false statement or representation, or by the use  of any  false  or  fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition,  lease  or  bill  of sale,  or  by  any  other means or device, shall knowingly and willfully assist, suffer or permit any person or persons to obtain  transportation of  property  or  passengers  subject  to this chapter for less than the applicable  rate,  toll  or  charge,  or  who,  with  respect   to   the transportation   of   household  goods,  shall  knowingly  or  willfully misrepresent the applicable rate for transportation or the weight  of  a shipment  or  the  cost  of  transportation to the shipper, or who shall knowingly and willfully by any such means or otherwise fraudulently seek to evade or defeat regulation as provided for in this chapter, shall  be guilty  of  a  misdemeanor and upon conviction thereof be fined not more than one thousand dollars for the first offense and not  more  than  two thousand five hundred dollars for any subsequent offense.   6. Any person who shall provide transportation for compensation within the  state,  or hold himself or herself out to the public by advertising or  any  other  means  to  provide  such   transportation,   when   such transportation  requires  either  the  permission  or  approval  of  the commissioner, or the permission,  approval  or  franchise  of  any  city having regulatory jurisdiction over such transportation and who does not possess a valid permit, certificate or approval for such transportation, from  the  commissioner  or from such city, shall be guilty of a traffic infraction punishable by a fine of not less than  one  thousand  dollars and  not  more  than  one  thousand  five  hundred dollars for the first offense. A violation of this subdivision by a person who has  previously been  convicted of such offense within five years of the violation shall be a misdemeanor and shall be punishable by a fine of not less than  two thousand  dollars  and  not  more  than  five  thousand  dollars,  or by imprisonment for not more than sixty days, or  by  both  such  fine  and imprisonment.  Upon  conviction  as  a  second or subsequent offender as  described herein the court may order forfeiture of any right,  title  or interest  held  by  the  defendant  in  any  motor  vehicle  used in the commission of such offense pursuant to  the  provisions  of  subdivision seven  of  this section. In addition to, or in lieu of, any sanction set forth in this subdivision, the commissioner may, after a hearing, impose a penalty equal to  the  gain  or  profit  derived  from  transportation services  conducted in violation of this subdivision. Any person holding regulatory authority or a franchise from either the commissioner or  any city  having  regulatory  jurisdiction  over such transportation, or any public transportation authority created pursuant to title nine,  eleven, eleven-A,  eleven-B,  eleven-C or eleven-D of article five of the public authorities law, who is being adversely affected by a  person  providing transportation  without  having  the  necessary  regulatory authority or franchise from the commissioner or any such city, may bring suit in his, her or its own behalf  to  restrain  such  person  and  recover  damages resulting from the actions of such person.   7. (a) Whenever it appears that any person is violating the provisions of  subdivision  six  of  this  section,  the commissioner acting by the attorney general, or the city acting  by  its  corporation  counsel,  or designee,  may  bring suit against such person in any court of competent jurisdiction to restrain such person from continuing such violation.  In any  such  suit,  the  court  shall  have  jurisdiction  to grant to the commissioner or city without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant,  including  temporary restraining orders and preliminary or permanent injunctions, and to levy upon  the  gain  or  profit that may be subject to a penalty pursuant to subdivision six of this section. In cities  with  a  population  of  one million  or  more,  the  police department shall have the power to issue summonses for violations of subdivision six of this  section  and  those summonses  shall  be  adjudicated according to the rules and regulations set forth in article two-A of the vehicle and traffic law.  The  hearing officer   responsible   for   adjudication  of  any  violation  of  such subdivision six shall review the record of any person  found  guilty  of violating  such  subdivision six to determine whether or not that person has a prior conviction under such subdivision six. After a review of the record, if it is found that there  has  been  a  prior  conviction,  the hearing officer shall refer the matter to the appropriate local criminal court for prosecution under this article.  (b)  Any  person  convicted  as  a  third  or  subsequent  offender as described in subdivision six shall be subject to a court order divesting him of any right, title or interest in any motor  vehicle  used  in  the commission  of the offense. An action for forfeiture may be commenced by the attorney general on behalf of the commissioner  or  the  corporation counsel  or  designee on behalf of the city in any superior court in the county of conviction. The defendant shall have a right  to  a  trial  by jury  on any issue of fact. The plaintiff in the forfeiture action shall have the burden of proof by clear and convincing evidence on such issues of fact.  (c) Any order of forfeiture issued pursuant to this subdivision  shall include  provisions  for the disposal of the property found to have been forfeited. Such provisions shall be directed to the attorney general  or corporation counsel or designee as the case may be, and may include, but are  not  limited  to,  an  order directing that the property be sold in accordance with provisions of article fifty-one of  the  civil  practice law  and  rules. Net proceeds of the sale shall be paid into the general fund of the state or city, as the  case  may  be,  less  all  costs  and attendant  expenses  of seizure, storage and forfeiture, as the case may be, which shall be paid  to  the  office  of  the  attorney  general  or  corporation  counsel  in  the appropriate case notwithstanding any other provisions of law.   8. All penalties charged and collected by the commissioner pursuant to this  section  shall  be  deposited  by the comptroller into the special obligation reserve and payment account  of  the  dedicated  highway  and bridge  trust  fund  established pursuant to section eight-nine-b of the state finance law.