New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.22 - Compliance required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 motor carrier or school district, 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 Part.
(b) [
Repealed
].
(c) Every motor carrier shall submit an
					 affidavit to the commissioner attesting to its compliance with this Part. Such
					 affidavit shall be completed and submitted annually, no later than the first
					 day of July each year to the BDU, New York State Department of Motor Vehicles,
					 Empire State Plaza, Albany, NY 12228-0220.
(d) Notwithstanding any provision of any
					 other article of the Vehicle and Traffic Law, where an affidavit is not
					 submitted pursuant to this section, the commissioner may, at his or her
					 discretion, suspend the registrations of all the vehicles owned and/or operated
					 by the motor carrier, deny registration or renewal to all the vehicles owned or
					 operated by the motor carrier and/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 a properly executed affidavit and
					 such is accepted as valid.
(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, as set forth in
					 subdivision (e) of section 509-j  of the Vehicle and Traffic Law, 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 Part or article
					 19-A of such law, or has made any false statement or misrepresentation on any
					 affidavit of compliance filed with the commissioner. 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 shall not be less than $500 nor more
					 than $2,500 for each failure to comply with these regulations or for each false
					 statement or misrepresentation found to have been made. A second or subsequent
					 violation, not arising out of the same incident, all of which were committed
					 within a period of 18 months, shall not be less than $500 nor greater than
					 $5,000 for each violation, false statement or representation found to have been
					 made or committed. If the registrant fails to pay such penalty within 20 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.
(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)
					 Every motor carrier shall submit written notification within 10 days, to the
					 BDU when any change occurs in:
(1) the
					 carrier's name (business, corporation ownership, non-corporate business
					 ownership,
e.g.,
dba, data, etc.), address, or Federal
					 identification number;
(2) the
					 names, addresses, and identification of all public and non-public school
					 districts, political subdivisions, public and private elementary and secondary
					 schools or a place of vocational, academic or religious instruction or service,
					 including a nursery school, day care center, or camp for persons under the age
					 of 21, or persons of any age who are mentally or physically disabled and any
					 other parties with whom the carrier has newly acquired or terminated contract
					 services including identification numbers issued by Federal and State agencies;
					 and
(3) corporate ownership which
					 results from the acquisition, sale, merger, or liquidation of any business
					 enterprise which is defined as a motor carrier in accordance with section
					 6.2(e) 
					 of this Part.