2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 19 - Licensing of Drivers › 507-A - Special Requirements for For-Hire Vehicle Motor Carriers and Drivers; Drugs and Alcohol.

§  507-a. Special requirements for for-hire vehicle motor carriers and
drivers; drugs and alcohol. 1. (a) All motor carriers shall be  required
to  conduct  pre-employment  and  random  drug  and  alcohol  testing in
accordance with the provisions and requirements of Part 382 of Title  49
of  the  Code  of  Federal  Regulations  on  all drivers of any for-hire
vehicle having a seating capacity of nine or more passengers,  including
the  driver,  regardless  of  a commercial driver's license endorsement.
Every such driver shall be included in  the  random  testing  pool  from
which  drivers  are randomly selected for testing, and every such driver
shall submit to such testing when selected, as required in Part  382  of
Title 49 of the Code of Federal Regulations.
(b) Drug testing administered pursuant to this subdivision shall, at a
minimum,  be in conformance with drug testing procedures as set forth in
Part 382 of Title 49 of the Code of Federal Regulations.
2. No person shall:
(a) consume a drug, controlled substance or  an  intoxicating  liquor,
regardless  of  its  alcoholic  content, or be under the influence of an
intoxicating liquor or drug, within eight hours before going on duty  or
operating,  or  having  physical  control of a for-hire vehicle having a
seating capacity of nine or more passengers, including the driver; or
(b) consume a drug, controlled substance or  an  intoxicating  liquor,
regardless  of  its alcoholic content while on duty, or operating, or in
physical control of a for-hire vehicle having a seating capacity of nine
or more passengers, including the driver; or
(c) possess a drug, controlled substance or  an  intoxicating  liquor,
regardless  of  its  alcoholic  content,  while on duty, operating or in
physical control of a for-hire vehicle having a seating capacity of nine
or more passengers, including the driver. However, this paragraph  shall
not   apply  to  possession  of  a  drug,  controlled  substance  or  an
intoxicating liquor which is  transported  as  part  of  a  shipment  or
personal  effects  of a passenger or to alcoholic beverages which are in
sealed containers.
3. No motor carrier shall require or permit a driver to:
(a) violate any provision of subdivision two of this section; or
(b) be on duty or operate a for-hire vehicle having a seating capacity
of nine or more passengers, including the driver, if  by  such  person's
general   appearance   or   by   such   person's  conduct  or  by  other
substantiating evidence, such person appears to have  consumed  a  drug,
controlled  substance  or  an  intoxicating  liquor within the preceding
eight hours before such driver operates such for-hire vehicle.
4.  (a)  Every  motor  carrier  shall  submit  an  affidavit  to   the
commissioner  attesting  to compliance with this section. Such affidavit
shall be submitted annually beginning no later than six months after the
effective  date  of  this  subdivision,  in  a  manner   prescribed   by
regulations established by the commissioner.
(b)  Where an affidavit is not submitted pursuant to this section, the
commissioner may, in his or her discretion, suspend the registration  of
the  for-hire vehicle or vehicles or deny registration or renewal to the
for-hire vehicle or vehicles owned or operated  by  the  motor  carrier.
Such  suspension  or  denial  shall only remain in effect as long as the
motor carrier fails to submit such affidavit.
(c) 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  section  or  regulations
promulgated pursuant to this section, or has made any false statement or
misrepresentation   on  any  affidavit  of  compliance  filed  with  the
commissioner. 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 misrepresentation
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 misrepresentation 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 for-hire 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 dedicated highway and bridge
trust fund established pursuant to section eighty-nine-b  of  the  state
finance  law  after  reimbursing  the department for the actual costs of
public education activities undertaken by the  department  to  implement
this  section,  and  unpaid  civil  penalties  may  be  recovered by the
commissioner in a civil action in the name of the commissioner.
(d)  Upon  the  suspension  of  a  vehicle  registration  pursuant  to
paragraph  (b)  or  (c) of this subdivision, the commissioner shall have
the authority to deny a registration or renewal application to any other
person for the same for-hire vehicle and  may  deny  a  registration  or
renewal  application  for any other for-hire 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 section. Such suspension or denial  shall
remain  in  effect  only  as  long as the suspension entered pursuant to
paragraph (b) or (c) of this subdivision remains in effect.
5. For purposes of this section, the term "motor carrier"  shall  mean
any  person,  firm, corporation, association or entity which directs one
or more drivers of a for-hire vehicle  or  vehicles,  having  a  seating
capacity  of  nine  or  more passengers, including the driver, and which
operates  such  for-hire  vehicle  or  vehicles  in  the   business   of
transporting   passengers  for  compensation,  and  the  term  "for-hire
vehicle" shall mean a taxicab or livery having  a  seating  capacity  of
nine  or  more  passengers,  including  the driver, including an altered
motor vehicle commonly referred to as a  "stretch  limousine"  having  a
seating capacity of nine or more passengers, including the driver.