2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 19-A - Special Requirements for Bus Drivers › 509-J - Compliance Required.

§ 509-j. Compliance  required.  (a) Every motor carrier, its officers,
agents, representatives, and employees responsible for  the  management,
maintenance,  operation  or  driving  of  motor vehicles, or the hiring,
supervising, training, assigning, or dispatching of  drivers,  shall  be
instructed in and comply with this article.
(b)  Nothing  contained  herein  shall  prevent  a  motor  carrier  or
political  subdivision  from  imposing  qualifications  that  are   more
stringent  than  those contained in this article or from disqualifying a
person who has been issued  a  conditional  or  restricted  use  license
pursuant to the provisions of article twenty-one or twenty-one-A of this
chapter.
(c)  Every motor carrier shall submit an affidavit to the commissioner
attesting to compliance with  this  article.  Such  affidavit  shall  be
submitted  annually,  in  a  manner  prescribed  by  regulations  of the
commissioner, and shall include as an attachment thereto a copy  of  the
report  required  by subdivision seven of section five hundred nine-d of
this chapter.
(d) Notwithstanding any provision of any other article  of  this  law,
where  an  affidavit  is  not  submitted  pursuant  to this section, the
commissioner may, in his discretion, suspend  the  registration  of  the
vehicle  or  the vehicles or deny registration or renewal to the vehicle
or vehicles owned or operated by the motor carrier or suspend the  motor
carrier's  privilege  of  operation  in  this  state. Such suspension or
denial shall only remain in effect as long as the motor carrier fails to
submit such affidavit.
(e) The commissioner or any person deputized by 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  article  or  regulations  promulgated therein, or has made any
false statement or misrepresentation  on  any  affidavit  of  compliance
filed  with the commissioner or with respect to violations of paragraphs
(i) and (ii) of subdivision one, paragraphs (a) and (b)  of  subdivision
two,  and  subdivisions  three,  four  and  five of section five hundred
nine-d, section five hundred nine-g, section  five  hundred  nine-h  and
subdivision  two  of  section  five  hundred  nine-l of this article the
commissioner may in lieu of or in addition to a  civil  penalty  suspend
all of a motor carrier's registrations. 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  representation  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
representation 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
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 state treasury, and unpaid civil penalties may be recovered by
the commissioner in a civil action in the name of the commissioner.
(f) As an alternative to civil action under subdivision  (e)  of  this
section  and  provided that no proceeding for judicial review shall then

be pending and the time for initiation of  such  proceeding  shall  have
expired,  the  commissioner may file with the county clerk of the county
in which the registrant is located a final  order  of  the  commissioner
containing  the amount of the penalty assessed. The filing of such final
order shall have the same force and effect as a judgment  duly  docketed
in  the  office of a county clerk and may be enforced in the same manner
and with the same effect as that provided by law.
(g)  Upon  the  suspension  of  a  vehicle  registration  pursuant  to
subdivision  (d) or (e) of this section, the commissioner 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 the commissioner has reasonable grounds to believe that
such registration or renewal will  have  the  effect  of  defeating  the
purposes  of  this  article.  Such  suspension or denial shall remain in
effect only as long as the suspension entered  pursuant  to  subdivision
(d) or (e) of this section remains in effect.