2023 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.