2023 New York Laws › TRA - Transportation › Article 6 - Matters Relating to All Motor Carriers › 140 - Safety Requirements.

§ 140. Safety  requirements.  1.  Every  common,  contract and private
carrier  of  passenger  by  motor  vehicle   involved   in   interstate,
intrastate,  or  international  commerce  domiciled  in  New  York shall
furnish and provide with respect thereto such service and facilities  as
shall be safe and adequate. Any such carrier shall give immediate notice
to  the  commissioner of every accident to which it shall, in the course
of its operations, have been a party.
2. a. Notwithstanding any other provision of law, general or  special,
the  commissioner  shall  have  the power to adopt rules and regulations
governing the safety of operation of:
(i) All motor vehicles transporting passengers to  and  from  schools,
for  hire, or owned and/or operated by school districts or any public or
private school. For the purpose of this subdivision, "school"  shall  be
as  defined  in  subdivision  twenty-six of section two of this chapter,
except that it shall not include schools  and  community  residences  as
such terms are defined in section 1.03 of the mental hygiene law.
(ii)  All  motor  carriers,  private  motor  carriers,  employees  and
commercial motor vehicles  that  transport  property  or  passengers  in
intrastate, interstate, or international commerce.
(iii) All buses operated pursuant to or requiring regulatory authority
from  any  city  that  has adopted an ordinance, local law or charter to
regulate or franchise bus line operations pursuant to section eighty  of
this chapter.
(iv)  All van services or other common carriers of passengers by motor
vehicle covered under article seven of this chapter, which van  services
or  other such common carriers of passengers are operated pursuant to or
requiring regulatory authority from any city with a population  of  over
one  million  that  has  adopted  an  ordinance or local law pursuant to
subdivision five of section eighty of this chapter.
(v) Notwithstanding subparagraph (i)  of  this  paragraph,  all  motor
vehicles  transporting  passengers  under  the  age  of  twenty-one from
schools and community residences, as such terms are defined  in  section
1.03 of the mental hygiene law, to school programs approved by the state
education department.
(vi) All double-decker vehicles designed to comfortably seat and carry
eight  or  more passengers and providing transportation for compensation
when that transportation is performed as a sightseeing service conducted
pursuant to the jurisdiction or regulatory control  of  a  city  with  a
population  of one million or more when such service is performed wholly
within such city.
b. The department shall have the power to examine vehicles, facilities
and records subject to the provisions of this subdivision, at  any  time
and  place  where  they  are  found, to ascertain whether such rules and
regulations  are  being  obeyed.  The  rules  and  regulations  of   the
commissioner  shall  provide  for  the  inspection of all such vehicles,
facilities and records subject to the provisions of this subdivision, at
such periods and at such manner as the  commissioner  may  direct,  and,
when adopted, shall have the full force and effect of law.
c.  In addition to the provisions of section one hundred forty-five of
this article:
(i) No motor carrier, private motor carrier,  employee  or  commercial
motor  vehicle  that  transports  property  or passengers in intrastate,
interstate, or international commerce shall operate in this state unless
such motor carrier, private motor carrier, employee or commercial  motor
vehicle  is  in  compliance  with  the  department's  safety  rules  and
regulations.
(ii)  Any  person  who  operates,   or   any   corporation,   company,
association, joint stock association, partnership, person or any officer

or  agent  thereof, who shall require or permit any person to operate, a
motor  vehicle  in  violation  of  the  department's  safety  rules  and
regulations  shall  be  guilty  of  a  traffic infraction and all of the
provisions   of  the  vehicle  and  traffic  law,  except  as  otherwise
specifically provided herein, shall be applicable thereto.
(iii) (a) Except as provided in subparagraph (iv) of  this  paragraph,
any  person, corporation, company, association, joint stock association,
partnership, person or any officer or agent  thereof,  found  guilty  of
violating  any  of the department's safety rules or regulations shall be
subject to a fine of not less than two hundred fifty  dollars  nor  more
than  one  thousand  dollars for the first offense, and upon being found
guilty of a second  or  subsequent  offense  committed  within  eighteen
months by a fine of not less than one thousand dollars nor more than one
thousand  five  hundred  dollars,  or  by imprisonment for not more than
thirty days or by both such fine and imprisonment.
(b)  Any  person,  corporation,  company,  association,  joint   stock
association,  partnership, person or any officer or agent thereof, found
guilty of violating any of the department's safety rules or  regulations
involving  an  out-of-service defect relating to brake systems, steering
components and/or coupling devices shall be subject to  a  fine  of  not
less  than  five  hundred dollars nor more than one thousand two hundred
fifty dollars for the first offense, and upon being found  guilty  of  a
second  or subsequent offense committed within eighteen months by a fine
of not less than one thousand two hundred fifty dollars  nor  more  than
three  thousand dollars, or by imprisonment for not more than sixty days
or by both such fine and imprisonment; provided, however,  that  if  any
such person, corporation, company, association, joint stock association,
partnership,  person or any officer or agent thereof is operating a farm
vehicle registered pursuant to  subdivision  thirteen  of  section  four
hundred one of the vehicle and traffic law in conformance with the terms
of  such  registration, and if the violation as set forth in the summons
is corrected not later than one-half hour after sunset on the third full
business day after the  issuance  of  the  summons  and  proof  of  such
correction  as  set  forth  in  item  (b)  of  subparagraph (iv) of this
paragraph is submitted to the court, the penalty for a  first  violation
involving  brake  systems  shall be a fine of two hundred fifty dollars,
the penalty for a first violation involving steering  components  and/or
coupling  devices shall be a fine of two hundred dollars and the penalty
for a first violation involving any other out-of-service defect shall be
a fine of one hundred fifty dollars. A motor vehicle shall be deemed  to
be  out-of-service only until such time as the applicable out-of-service
defect is repaired or adjusted.
Any   person,   corporation,   company,   association,   joint   stock
association,  partnership, person or any officer or agent thereof, found
guilty of violating any of the department's safety rules or  regulations
involving an out-of-service defect relating to load securement, shall be
subject  to  a  fine of not less than one thousand dollars nor more than
one thousand five hundred dollars for the first offense, and upon  being
found guilty of a second or subsequent offense committed within eighteen
months  by a fine of not less than one thousand five hundred dollars nor
more than three thousand dollars, or by imprisonment for not  more  than
sixty  days  or  by  both such fine and imprisonment; provided, however,
that if any such person, corporation, company, association, joint  stock
association,  partnership,  person  or  any  officer or agent thereof is
operating a farm vehicle registered pursuant to subdivision thirteen  of
section  four  hundred one of the vehicle and traffic law in conformance
with the terms of such registration,  the  penalty  for  such  violation
shall be a fine of five hundred dollars. A motor vehicle shall be deemed

to   be   out-of-service   only   until  such  time  as  the  applicable
out-of-service defect is repaired or adjusted.
(iv) (a) Any complaint issued for an equipment violation, except for a
violation   involving   an   out-of-service   defect  relating  to  load
securement, brake systems, steering components and/or  coupling  devices
or  except  for a violation involving the operation of any motor vehicle
after it has been placed out-of-service, shall be dismissed by the court
before such summons is returnable if the violation as set forth  in  the
summons  is  corrected  not later than one-half hour after sunset on the
first full business day, or if such complaint involves  a  farm  vehicle
registered  pursuant to subdivision thirteen of section four hundred one
of the vehicle and traffic law and  operated  in  conformance  with  the
terms of such registration, not later than one-half hour after sunset on
the  third full business day after the issuance of the summons and proof
of such correction as set forth in item  (b)  of  this  subparagraph  is
submitted to the court. For the purposes of this subparagraph, "business
day"  shall  mean  any  calendar  day  except  Sunday,  or the following
business holidays: New Year's Day, Washington's Birthday, Memorial  Day,
Independence  Day,  Labor Day, Columbus Day, Veterans' Day, Thanksgiving
Day and Christmas Day.
(b)  Acceptable  proof  of  repair  or  adjustment  shall  consist  of
submission  to  the court on or before the return date of the summons of
(I) a statement  of  correction  from  an  officially  designated  state
inspection station duly executed by the person performing or making such
inspection  and  bearing  the  official  stamp  of  the state inspection
station, (II) a statement of correction from an automobile  repair  shop
on  the  letterhead  of such repair shop duly executed by the person who
made the correction or (III) a signed statement of any police officer or
a department inspector that the necessary corrections  have  been  made.
The  statement  required  by  this subparagraph shall be directed to the
court having jurisdiction of the alleged violation, shall be affirmed as
true under penalty of perjury, and shall include  the  name,  occupation
and  position of the person making the statement, the time and date that
the repairs or inspection were made and a statement that  the  defective
equipment,  cited  in  the  violation, on the vehicle in question, is in
proper working order.
(v) (a) A driver who is convicted of violating an out-of-service order
as provided for in the department's safety rules and  regulations  shall
be guilty of a traffic infraction which shall be punishable by a fine of
not less than three thousand dollars nor more than five thousand dollars
upon  the  first  offense,  and  upon  being found guilty of a second or
subsequent offense within eighteen months by a fine of not less than six
thousand dollars nor more than seven thousand dollars.
(b) No person, corporation,  limited  liability  company  or  business
entity,  joint  stock  association, partnership, or any officer or agent
thereof, shall knowingly allow, require, permit or authorize any  person
to operate a commercial motor vehicle as defined by section five hundred
one-a  of  the  vehicle  and traffic law during any period in which such
person, such commercial motor vehicle, or such motor  carrier  operation
has  been  placed  out  of  service  as provided for in the department's
safety rules and regulations and shall be subject to a fine of not  less
than three thousand seven hundred fifty dollars and not more than thirty
thousand dollars for any violation thereof.
(c)  No  person,  corporation,  limited  liability company or business
entity, joint stock association, partnership, or any  officer  or  agent
thereof,  shall knowingly allow, require, permit or authorize any person
to operate a commercial motor vehicle as defined in section five hundred
one-a of the vehicle and traffic law  in  violation  of  section  eleven

hundred  seventy-one  or  eleven  hundred seventy-six of the vehicle and
traffic law and, upon conviction thereof, shall be subject to a fine  of
not more than twelve thousand dollars for any violation thereof.
(vi)  If  any  person,  corporation, company, association, joint stock
association, partnership, person or any officer or agent  thereof,  does
not appear in response to an appearance ticket or the court's direction,
or pay any fine imposed by the court or a civil penalty imposed pursuant
to the provisions of section one hundred forty-five of this article, the
commissioner  of  motor  vehicles  shall  have  the power to suspend the
registration or privilege  of  operation  of  any  vehicle  operated  or
alleged  to  have  been operated in violation of the department's safety
rules and regulations.
(vii) No person, corporation, limited liability  company  or  business
entity,  joint  stock  association, partnership, or any officer or agent
thereof, shall knowingly allow, require, permit or authorize any  person
to  operate  a  commercial  motor  vehicle,  as  defined in section five
hundred one-a of the vehicle and traffic law, during any period in which
the operator:
(a) does not have a valid commercial learner's  permit  or  commercial
driver's license; or
(b) does not have a commercial learner's permit or commercial driver's
license with the proper class or endorsements; or
(c)  violates  any restriction on such operator's commercial learner's
permit or commercial driver's license; or
(d) has a commercial learner's permit or commercial  driver's  license
that  is  suspended,  revoked  or  cancelled,  or such operator has been
otherwise disqualified by the commissioner of motor vehicles; or
(e) has more  than  one  commercial  learner's  permit  or  commercial
driver's license.
A  violation of this subparagraph shall be punishable by a fine of not
less than two hundred fifty dollars  nor  more  than  one  thousand  two
hundred fifty dollars.
3.  No  motor  vehicle  designed  to carry passengers, as described in
subdivision two of this section, shall  be  operated  within  the  state
unless it carries prominently displayed thereon the name of the operator
and  certificate  evidencing  an inspection in accordance with the rules
and regulations of the commissioner within a period of six  months  last
preceding.  The  commissioner  may, by order, rule or regulation, exempt
from the requirements  of  this  subdivision,  vehicles  which  are  not
operated  exclusively in transportation services for which inspection is
required, provided that written evidence of the names otherwise  subject
to  prominent  display  and  such a certificate of inspection are at all
times carried within such vehicles to be made available for  examination
upon  proper demand, while the vehicles are operated in such service. In
addition, the commissioner may, by order, rule or regulation,  establish
a  risk-based  inspection  program  whereby  operators  whose inspection
performance fails to  meet  performance  standards  established  by  the
commissioner  shall  be  subject  to comprehensive safety reviews and/or
additional inspections.
4. Each motor vehicle  engaged  in  the  interstate  or  international
transportation  of passengers operated within the state shall be subject
to subdivision three of this section as to the display of  the  name  of
the  operator  thereof,  and of such certificate of inspection as to the
safety of its appliances, equipment and  mechanical  operation,  as  the
commissioner  may,  by rules and regulations require. In respect to such
motor vehicle, the commissioner may, in lieu of  a  certificate  of  the
commissioner,  authorize  the  display  of  a  certificate of inspection
issued within a period of twelve months last preceding, by a  regulatory

body  of another state, or a province of Canada, having safety standards
determined by the commissioner not to be substantially lower than  those
prescribed  by the commissioner. The rules and regulations to be adopted
under  this  subdivision shall insofar as practicable be uniform and the
provisions of the vehicle and traffic law so far as applicable  and  not
in  conflict  with the provisions of this subdivision, shall continue to
apply to all such motor vehicles.
5. No motor vehicle with  a  seating  capacity  of  more  than  eleven
passengers  manufactured  after  December thirty-first, nineteen hundred
seventy-five, used in the business of transporting school  children  for
hire  or  used  for  the transportation of school children, owned and/or
operated by school districts or by any public or private school shall be
operated within the state, unless each seat,  other  than  the  driver's
seat,  on  such  vehicle  is  equipped  with  a  padded  back  at  least
twenty-eight inches in height of a type and  specification  approved  by
the  commissioner.  Any person who operates a motor vehicle in violation
of the requirement for such seat backs shall be guilty of  a  violation,
punishable  by  a fine not exceeding one hundred dollars. The provisions
of  this  subdivision  shall  not  apply  to  any  bus  used   for   the
transportation  of  pupils,  teachers  and  other  persons  acting  in a
supervisory capacity to and from school activities and  which  bus  does
not  receive  or discharge passengers on or along the public highways on
regularly scheduled routes and  which  is  being  operated  pursuant  to
for-hire operating authority issued by the commissioner or by the United
States  department  of  transportation.  School  buses  manufactured  or
assembled prior to April first, nineteen hundred seventy-seven  may  not
be  used  to  transport  pupils,  teachers and other persons acting in a
supervisory capacity to and from school activities.
6. Notwithstanding any inconsistent provision of this  chapter  or  of
any  other  law, general or special, or any rule or regulation, it shall
be unlawful, except in cases of emergency, for any person operating  any
bus in intercity or suburban service where the length of a non-stop trip
is more than twenty-five miles to allow passengers to stand in the aisle
of  any such bus while such bus is in motion. The commissioner may, upon
application, waive this provision in unique or special circumstances  if
it is in the public interest to do so.
7.  The powers granted to the commissioner by this section to regulate
and prescribe  safety  requirements  for  motor  vehicle  equipment  and
appliances shall not supersede or otherwise limit, qualify or modify the
powers  granted to the commissioner of motor vehicles in respect thereto
pursuant to the vehicle and traffic law  and  shall  not  be  exercised,
except in furtherance and in addition to any regulations or requirements
of the commissioner of motor vehicles made pursuant to law.
8.  The  jurisdiction  of  the  commissioner  over  the matters herein
conferred on the commissioner shall be exclusive.
9. a. If, after notice and opportunity to be heard,  the  commissioner
shall  find  that any person is operating in violation of the provisions
of this section, the commissioner may penalize such person  pursuant  to
subdivision three of section one hundred forty-five of this article. The
commissioner  may  also  notify  the commissioner of motor vehicles that
such  person  is  operating  in  violation  of  this  section  and   the
commissioner  of motor vehicles shall thereupon suspend the registration
of all motor vehicles  owned  or  operated  by  such  person,  with  the
exception  of  private  passenger  automobiles,  until  such time as the
commissioner 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.
b. * (i) Whenever an altered motor vehicle commonly referred to  as  a
"stretch   limousine"   has   failed   an  inspection  and  been  placed
out-of-service, the commissioner may direct a police officer or  his  or
her  agent to immediately secure possession of the number plates of such
vehicle and return the same to the commissioner of motor  vehicles.  The
commissioner  shall  notify  the  commissioner of motor vehicles to that
effect, and the commissioner of motor vehicles shall  thereupon  suspend
the  registration  of  such  vehicle until such time as the commissioner
gives notice that the  out-of-service  defect  has  been  satisfactorily
adjusted. Provided, however, that the commissioner shall give notice and
an  opportunity  to  be  heard  within  not more than thirty days of the
suspension. Failure of the holder  or  of  any  person  possessing  such
plates  to  deliver to the commissioner or his or her agent who requests
the same  pursuant  to  this  paragraph  shall  be  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  where  it has been determined that such registrant's intent has
been to evade the purposes of this paragraph 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  paragraph.  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  such  motor vehicle while under suspension as provided in
this subdivision shall constitute a class A misdemeanor.
* NB Effective until April 20, 2025
* (i) Whenever an altered motor vehicle  commonly  referred  to  as  a
"stretch   limousine"   has   failed   an  inspection  and  been  placed
out-of-service, the commissioner may direct a police officer or agent of
such commissioner to immediately secure possession of the number  plates
of  such  vehicle  and  return  the  same  to  the commissioner of motor
vehicles. The  commissioner  shall  notify  the  commissioner  of  motor
vehicles  to  that  effect, and the commissioner of motor vehicles shall
thereupon suspend the registration of such vehicle until  such  time  as
the  commissioner  gives  notice that the out-of-service defect has been
satisfactorily adjusted. Provided, however, that the commissioner  shall
give  notice  and an opportunity to be heard within not more than thirty
days of  the  suspension.  Failure  of  the  holder  or  of  any  person
possessing  such  plates to deliver to the commissioner or agent of such
commissioner who requests the same pursuant to this paragraph shall be 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  where  it has been determined that such registrant's
intent  has  been  to evade the purposes of this paragraph 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 paragraph. The procedure on any such  suspension  shall
be the same as in the case of a suspension under the vehicle and traffic
law.
* NB Effective April 20, 2025
* (i-a)  No person, corporation, limited liability company or business
entity, joint stock association, partnership, or any  officer  or  agent
thereof,  shall operate or knowingly allow, require, permit or authorize
any person to operate a motor vehicle while under suspension as provided
in subparagraph (i) of this paragraph. A violation of this  subparagraph
shall  constitute a class A misdemeanor punishable by a fine of not less
than five thousand dollars nor more than twenty-five thousand dollars in
addition to any other penalties provided by law.
* NB Effective April 20, 2025
(ii) (a) Upon the seizure of number plates  pursuant  to  subparagraph
(i)  of  this paragraph, if the out-of-service defect is of a type where
pursuant to the commissioner's  regulations  no  inspection  certificate
will  be  issued  until  the  defect  is repaired and a re-inspection is
conducted, or is related to its horn, and  the  commissioner  determines
that  allowing  the  altered  motor vehicle to leave the inspection area
would be contrary to public safety, the commissioner may: (A) remove  or
arrange  for  the removal of, or may direct any police officer to remove
or arrange for the removal of, the altered motor vehicle to a non-public
garage or other place of safety where it shall remain impounded, subject
to the provisions of this section; or (B) immobilize or arrange for  the
immobilization  of  the altered motor vehicle on premises owned or under
the control of the owner of such altered motor vehicle, subject  to  the
provisions  of  this section. The altered motor vehicle shall be entered
into the New York statewide police information network as  an  impounded
or  immobilized  vehicle  and the commissioner shall promptly notify the
owner that the altered motor vehicle has been impounded  or  immobilized
and  the  reason  or reasons for such impoundment or immobilization, and
give such owner an opportunity to be heard within not more  than  thirty
days  of  the  suspension  imposed  pursuant to subparagraph (i) of this
paragraph.
(b) A motor vehicle so  impounded  or  immobilized  shall  be  in  the
custody  of  the  commissioner  and  shall  not  be  released unless the
commissioner is satisfied that repairs have been scheduled or been  made
to satisfactorily adjust such vehicle's out-of-service defect or defects
and such vehicle has been re-inspected.
(c)  The  commissioner  shall  provide  written notice to the owner or
operator of the service repair shop or impoundment  lot  informing  them
that  such  impounded  vehicle shall not be released without the written
approval of the commissioner. Release of such impounded vehicle  without
approval  by the commissioner shall be punishable by a fine of up to ten
thousand dollars;
10. For purposes of this section, the terms "employee" and  "employer"
shall  have the same meanings as such terms are defined by section 390.5
of title 49 of the code of federal regulations, as such regulations  are
amended from time to time.