reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.6 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  notice of hearing shall contain a statement of the legal authority under which
				  the proceeding is to be held and shall specify the notice or notices of
				  violation to be heard.
(b) Any
				  party may submit a written request for a clarification of the charges in the
				  notice of hearing to the department or presiding officer via first-class mail
				  or electronically . A written response will be sent to such party prior to the
				  hearing via first-class mail or electronically.
(c) The notice of hearing shall specify the
				  time and place of the hearing, and shall set a date for a hearing.
(d) Service of a notice of hearing shall be
				  by personal service, electronically or by first-class mail. Any notice of
				  hearing not returned by the post office for non-delivery or electronic
				  notification of failed delivery shall be presumed received by the respondent.
				  Any notice of hearing returned by the post office as having been refused by the
				  respondent shall be deemed properly served. The service date is the date a
				  notice is mailed via firstclass mail or electronically or the date it is
				  personally served.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.7 - Appearances

Current through Register Vol. 46, No. 28, July 10, 2024
Respondent may appear personally or be represented by any
					 individual of its choice. However, if the representative is not an attorney
					 authorized to practice in the State of New York or an officer of a corporate
					 respondent, such representative must file a written notice of appearance,
					 signed and verified by respondent.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.8 - Adjournment

Current through Register Vol. 46, No. 28, July 10, 2024
A request for an adjournment of a hearing may be made to
					 the department in writing via first-class mail or electronically or to the
					 presiding officer orally. Adjournment may be granted at the discretion of the
					 presiding officer, who may deny such request if there is not good and
					 sufficient cause shown.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.9 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
				  the hearing the respondent or its designated representative may admit or deny
				  any allegation made in the notice of violation. Any matter which has been
				  stipulated to or admitted on the open record by the respondent shall be deemed
				  proven. Failure to respond to any allegation shall be deemed a denial of such
				  allegation and under no circumstances shall the respondent be compelled to
				  testify.
(b) The department shall
				  have the burden of establishing a respondent's guilt by clear and convincing
				  evidence. Testimony shall be given under oath or affirmation. The presiding
				  officer shall have the discretion to exclude any individual from the hearing,
				  other than a party or the representative of a party, for good cause shown. The
				  presiding officer may also admit any relevant evidence in addition to oral
				  testimony. Any witness may be questioned and/or cross-examined by the presiding
				  officer or any party or representative of a party.
(c) At the conclusion of all proceedings
				  necessary to determine whether the respondent has violated any of the
				  provisions of the Transportation Law or the rules, regulations or orders
				  promulgated pursuant thereto, the presiding officer may either render or
				  reserve decision. At such time, the presiding officer may advise all parties
				  that, for the sole purpose of establishing an appropriate penalty, any party
				  may offer any relevant comments or testimony regarding respondent's prior
				  record or other mitigating facts.
(d) If the decision of the presiding officer
				  is reserved, a written determination on the notice of violation, specifying the
				  findings of fact and conclusions of law, shall be served by first-class mail or
				  electronically on the parties and their representatives, if any.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.10 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
Rules governing the admissibility of evidence shall be the
					 same as the rules contained in the State Administrative Procedure
					 Act.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.11 - Order after hearing

Current through Register Vol. 46, No. 28, July 10, 2024
In the event respondent is found guilty after a hearing, an
					 order specifying the disposition of the notice of violation, including any
					 penalty or penalties imposed and the time and manner of payment, shall be
					 served by first-class mail on the respondent and its representative, if any,
					 within 30 days subsequent to the decision.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.14 - Failure to appear

Current through Register Vol. 46, No. 28, July 10, 2024
When a hearing has been scheduled and no adjournment is
					 requested, or if requested is not granted, respondent's failure to appear may
					 subject the respondent, in the discretion of the presiding officer, to the
					 imposition of a fine up to the maximum amount prescribed by the Transportation
					 Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.15 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Appeals from a presiding officer's decision or amount of
					 the fine imposed shall be in writing and verified. The appeal must be submitted
					 to the office of the commissioner in Albany within 30 days of the date of
					 service of the order in person, via first-class mail or electronically .
					 Appeals may be taken only by the respondent and must specifically set forth the
					 grounds upon which the appeal is based.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 508 - Self-insurance Rules › Section 508.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all common and contract carriers
					 of passengers or property required to file evidence of insurance pursuant to
					 Parts 750 and/or 855 of this Title, and to all bus lines regulated or
					 franchised by any city pursuant to section 80 (4)  of the Transportation
					 Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 508 - Self-insurance Rules › Section 508.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part unless otherwise expressly
					 stated or unless the context requires a different meaning, the following terms
					 shall have the meanings set forth or indicated:
(a) Commissioner means the Commissioner of
				  Transportation of the State of New York.
(b) Department means the New York State
				  Department of Transportation.
(c)
				  Carrier means any person or corporation described in section
				  508.1  of
				  this Part.
(d) Self-insurer means
				  any carrier who adjusts and is ultimately liable for payment of all or part of
				  the bodily injury, property and/or cargo damage claims resulting from the
				  operation, maintenance or use of a motor vehicle.
(e) Self-insurance fund means a deposit in a
				  New York State bank or trust company consisting of cash or government
				  securities to be used for payment of bodily injury, property and/or cargo
				  claims or judgments.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 508 - Self-insurance Rules › Section 508.3 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
A carrier seeking authority to become a self-insurer must
					 file a verified application which shall include:
(a) the name and address of the principal
				  office of the carrier. If different, the mailing address of the
				  carrier;
(b) a balance sheet
				  prepared within six months of the date of t he application giving detailed
				  information concerning the financial condition of the carrier;
(c) an income statement covering at least a
				  12-month period immediately prior to the date of the filing of the
				  application;
(d) a record of all
				  personal injury or property damage claims, paid and unpaid, filed in the
				  three-year period immediately prior to the date of the filing of the
				  application;
(e) a record of all
				  cargo claims paid and unpaid filed in the three-year period immediately prior
				  to the date of the filing of the application, if applicable;
(f) a list of every insurance policy
				  cancelled within five years prior to the date of the application with a
				  complete explanation as to the circumstances surrounding each
				  cancellation;
(g) the number and
				  description of the vehicles owned or operated by the carrier;
(h) the amount and type of coverage sought to
				  be retained by the selfinsurer;
(i)
				  an explanation of procedures to be used for settling or resolving claims,
				  including the name, address and telephone number of the individual designated
				  to receive claims; and
(j) a copy
				  of a Federal Motor Carrier Safety Administration order granting permission to
				  become a self-insurer, plus the documentary evidence upon which the order was
				  based, if available.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 508 - Self-insurance Rules › Section 508.4 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
Permission to become a self-insurer will be granted, with
					 or without a hearing, if the carrier establishes that it has the capability to
					 adjust and pay any and all insurance obligations or has been authorized by the
					 Federal Motor Carrier Safety Administration to become a
					 self-insurer.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 508 - Self-insurance Rules › Section 508.5 - Self-insurance order

Current through Register Vol. 46, No. 28, July 10, 2024
A self-insurance order shall include any reasonable
					 conditions deemed appropriate and shall also include:
(a) a termination date not to exceed five
				  years from the date of issuance;
(b) a statement as to the amount of the
				  self-insurance fund an d the number of deposits to be made to establish such
				  fund;
(c) if no fund is required a
				  statement as to the manner in which claims will be paid;
(d) a requirement that the bank or trust
				  company accepting such a fund shall agree, in writing, not to allow a
				  withdrawal of all or any part of the fund without first obtaining the consent
				  of the commissioner, based on the financial viability of the fund;
(e) a requirement that the bank wherein the
				  fund is deposited agrees to hold the fund in trust for insurance claimants and
				  that the fund is not to be considered as part of the assets of the depositor
				  subject to other categories of creditors;
(f) a requirement that appropriate proof of
				  insurance up to t he limits prescribed be filed if a self-insurance retention
				  is less than that required by sections 750 and 855 of this Title; and
(g) a statement that the authority to become
				  a self-insurer may be revoked upon 30 days' notice by reason of the failure of
				  the carrier to comply with any of the conditions of the order.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 508 - Self-insurance Rules › Section 508.6 - Proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
An application to become a self-insurer will be deemed a
					 proceeding as defined in section
					 500.1(e) 
					 of this Title. All rules of procedure relating to proceedings, not specifically
					 covered in this Part, will apply to applications to become a
					 self-insurer.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 508 - Self-insurance Rules › Section 508.7 - Self-insurance report

Current through Register Vol. 46, No. 28, July 10, 2024
Carrier's Name
SELF-INSURANCE REPORT
(Due on dates set forth in order.)
A. Attach a bank statement giving the balance
				  of the self-insurance fund as at the end of the prior calendar year.
B. Financial statements
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New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter C - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Part 600 - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Section 600.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the definitions as contained
					 in 6 NYCRR Subpart 217-5 relating to Heavy Duty Inspection and Maintenance
					 Program shall apply.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter C - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Part 600 - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Section 600.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Transportation, in cooperation with the
					 State Police and other authorized law enforcement agencies, shall implement an
					 emissions inspection component to accompany the statewide Diesel Emissions
					 Inspection and Maintenance Program of heavy duty diesel vehicles in accordance
					 with the provisions of section 14  of the Transportation Law, section 19-0320 
					 of the Environmental Conservation Law, section 301  of the Vehicle and Traffic
					 Law, and 6 NYCRR Subpart 217-5. This emissions inspection component shall be
					 implemented in accordance with the dates specified in 6 NYCRR section 217-
					 5.2(c) and shall utilize the heavy duty diesel emissions standards contained in
					 6 NYCRR section 217-5.3.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter C - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Part 600 - Roadside And Destination Heavy Duty Diesel Emissions Inspection › Section 600.3 - Roadside and destination emissions inspection procedures and test methods

Current through Register Vol. 46, No. 28, July 10, 2024
Roadside and destination diesel emission inspections shall
					 be performed in accordance with the procedures contained in 6 NYCRR section
					 217-5.5 - Emissions Inspection Procedures and Test Methods, using testing
					 equipment that complies with the requirements of 6 NYCRR section 217-6.6 - Test
					 Equipment Specifications and Test Procedures.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 1 - Certificates of Public Convenience and Necessity and Permits › Part 700 - Transportation Of Special Or Chartered Parties › Section 700.0 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 1 - Certificates of Public Convenience and Necessity and Permits › Part 700 - Transportation Of Special Or Chartered Parties › Section 700.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Bus line--as
					 defined in section 2, subdivision 3 of the Transportation Law.
(b) Bus company--as defined in section 2, subdivision 2  of the Transportation Law.
(c) Certificate of public convenience and
					 necessity--authority to operate as a common carrier granted pursuant to section 153  of the Transportation Law.
(d) Temporary certificate of public
					 convenience and necessity--temporary authority to operate a bus line granted
					 pursuant to section 149(5) of the Transportation Law.
(e) Authorized bus service--service provided
					 by a bus company pursuant to a certificate of public convenience and necessity
					 or a temporary certificate of public convenience and necessity.
(f) Permit--authority to operate as a
					 contract carrier of passengers by motor vehicle.
(g) Regular route--a route over which a bus
					 company operates a bus line pursuant to a certificate of public convenience and
					 necessity or a temporary certificate of public convenience and
					 necessity.
(h) Regular route
					 point--a city or town served on a regular route. It shall include additional
					 territory as follows:
(1) if a city, all
					 contiguous cities and towns, including villages located wholly or partly in
					 such towns; and
(2) if a town, any
					 village located wholly or partly in such town.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 1 - Certificates of Public Convenience and Necessity and Permits › Part 700 - Transportation Of Special Or Chartered Parties › Section 700.2 - Operations authorized

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Subject to the limitations included in subdivision (b) of this section, the
					 operation authorized by a permit to a bus company, pursuant to section 154, subdivision 3 of the Transportation Law, shall be the transportation of special
					 or chartered parties originating at any route point, as defined in section
					 700.1(h) 
					 of this Part, and from that regular route point to any point in the State. It
					 may also include return transportation to the point of origin, but only when
					 such return trip completes a round trip for the same persons boarding at the
					 authorized regular route point at which the trip originated.
(b) The transportation of special or
					 chartered parties from any regular route point shall be subject to the
					 restrictions or limitations imposed by the underlying certificate of public
					 convenience and necessity.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 1 - Certificates of Public Convenience and Necessity and Permits › Part 700 - Transportation Of Special Or Chartered Parties › Section 700.3 - Form and issuance of expense bill (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 1 - Certificates of Public Convenience and Necessity and Permits › Part 700 - Transportation Of Special Or Chartered Parties › Section 700.4 - Record of expense bills to be retained (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 1 - Certificates of Public Convenience and Necessity and Permits › Part 700 - Transportation Of Special Or Chartered Parties › Section 700.5 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 1 - Certificates of Public Convenience and Necessity and Permits › Part 701 - Services Required Of Contract Carriers (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Transportation Law, §
						202
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is
					 applicable to all passenger vehicles operating in New York State providing
					 transportation of any of the types described in subdivision (b), (c), (d) or
					 (e) of this section, which are subject to periodic safety inspections by the
					 New York State Department of Transportation (the department). Such vehicles
					 must meet the applicable requirements of the New York State Transportation Law,
					 as well as pertinent requirements of the New York State Vehicle and Traffic
					 Law, and the Federal Motor Vehicle Safety Standards (FMVSS - title 49 of the
					 Code of Federal Regulations).
(b)
					 School transportation. All motor vehicles transporting passengers under the age
					 of 21 years, to and from schools, for hire, or owned and/or operated by school
					 districts or any public or private school. School transportation will also
					 include the transportation of passengers under the age of 21 years between
					 school programs and community residences (as such terms are defined in section 1.03  of the Mental Hygiene Law) and where
					 such school programs are approved by the New York State Education Department.
Note: For hire school transportation does not include
						parents who enter into a contract with a school to provide transportation
						exclusively for their own children in their own vehicle(s).
(c) Regulated passenger transportation. All
					 motor vehicles, operated in this State, pursuant to or requiring a certificate
					 or permit for the transportation of passengers from the United States
					 Department of Transportation (USDOT) or the Commissioner of
					 Transportation.
(d) Municipal
					 passenger transportation. All buses operated pursuant to or requiring
					 regulatory authority from any city that has adopted an ordinance, local law or
					 charter to regulate a franchise, "bus line" operation pursuant to section 80  of the Transportation Law.
(e) New York City double-decker sightseeing
					 buses. Effective April 1, 1998, double-decker sightseeing buses regulated by
					 the New York City Office of Consumer Affairs shall be subject to the
					 department's periodic inspection requirements pursuant to chapter 202 of the
					 Laws of 1997. Such vehicles shall be considered municipal passenger
					 transportation as set forth in subdivision (d) of this section.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.2 - Vehicle inspection, reciprocity and certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A motor vehicle subject to department
					 inspection requirements shall not be operated unless it displays on the
					 interior surface of the windshield, as close to the lower right hand corner as
					 practicable,[FN*] an unexpired certificate of inspection issued to the current
					 owner or operator by the department, or by another regulatory body certified by
					 the department. In lieu of such certificate of inspection, the department shall
					 recognize the display of a valid certificate of inspection issued within the
					 preceding six months for a motor vehicle having a seating capacity of more than
					 10 passengers engaged in interstate commerce by the following:
(1) Repealed
(2) A certificate of inspection of any state
					 recognized by the United States Department of Transportation as conducting
					 periodic bus inspections in accordance with Federal standards.
(3) Repealed
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.4 - Vehicle safety requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 School buses subject to SED or OGS rules. Vehicles subject to requirements of
					 this Part shall satisfy the following requirements as specified below. Floor
					 plan and model certification: school buses subject to the statutory and
					 regulatory requirements of the New York State Education Department (SED) and
					 Office of General Services (OGS) shall comply with the following:
(1) Every manufacturer of a school bus body,
					 as a pre-condition to obtaining approval of the Commissioner of Transportation,
					 shall file on approved department forms the detailed specifications and design
					 prints for each such body type.
(2)
					 Manufacturers shall designate each body by a unique model number. Each model
					 approved shall display the NYSDOT approved model designation when delivered.
					 Separate applications shall be submitted for any component change that affects
					 gradeability, gross vehicle weight rating (GVWR) or weight distribution. Body
					 manufacturers shall submit a floor plan and model designation. Approved school
					 bus body models which fail to meet certain standards as contained in this Part,
					 may be issued a temporary certificate pending departmental review, provided,
					 that:
(i) at the initial inspection of any
					 such school bus body, any deviation from this Part is not listed in the out of
					 service criteria as an "A" item (see section
					 720.11 
					 of this Part);
(ii) the vehicle
					 complies with all applicable FMVSS requirements as of the date of manufacture
					 or modification;
(iii) the
					 manufacturer provide engineering and test data to the department, which clearly
					 indicates the reason for not complying with the regulation; and
(iv) the vehicle condition does not present
					 an imminent safety hazard.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.5 - Emergency exits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General requirements (all vehicles).
Emergency exits. All vehicles shall be equipped with
						emergency exits, as required by FMVSS and any additional requirements as
						contained in this Part. Specifically:
(1) Steps. There shall be no steps leading to
					 any emergency exit.
(2) Design.
					 Emergency exits shall be designed and maintained in a free operating condition
					 and the passageway thereto shall be unobstructed.
(3) Instructions. Opening instructions shall
					 be displayed on the interior adjacent to or on any emergency exit.
(4) Additional exits. Any additional
					 emergency exit that is installed at the option of the operator,
					 manufacturer/dealer or is required by this Part must meet all FMVSS
					 requirements as of the date of installation and the applicable requirements of
					 this Part.
(5) Vehicles having a
					 capacity to carry more than 10 persons, (adults or children), and no more than
					 two doors shall have access to a rear exit or, in lieu of the rear exit, one
					 push-out window on each side of the vehicle.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.6 - Electrical system-all vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installation. The electrical equipment,
					 connections and wiring shall be securely installed and protected to prevent
					 damage to any part thereof.
(b)
					 Battery. When the battery is mounted outside of the engine compartment, it
					 shall be located in a vented compartment (equipped with drains) which shall
					 retain the battery in case the vehicle is involved in an accident and otherwise
					 rolls over. The battery compartment door or cover shall be secured by an
					 adequate and conveniently operated latch or other type fastener. The cables to
					 the battery shall not be spliced. Battery compartment shall be constructed in a
					 manner that provides easy access to the battery for convenient servicing. The
					 location of the battery compartment shall be lettered on the exterior of the
					 vehicle on or adjacent to such compartment.
(c) Generator or alternator. The generator or
					 alternator shall be of sufficient capacity to adequately supply all electrical
					 equipment and keep the battery or batteries fully charged.
(d) Wiring. All electrical wiring, except in
					 the engine and cowl compartment areas, shall be insulated and protected by
					 covering of fibrous loom tube or equivalent located to protect it from external
					 damage and to minimize any dangers from short circuits and exposure to the
					 elements. Wrapped covering shall not be utilized.
(1) Wires shall be fastened securely and all
					 joints shall be soldered or joined by equally effective connectors.
(2) All wiring shall conform to the current
					 SAE Standard J1292.
(3) All
					 circuits shall be such as to provide bulb design voltage at the bulb
					 terminals.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.7 - Emergency equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General requirements (all vehicles).
(1) Fire
					 extinguisher. Every vehicle operated upon the public highways of the state
					 having a carrying capacity of 10 or more passengers shall be equipped with at
					 least one portable fire extinguisher containing not less than four pounds of
					 carbon dioxide or two pounds of dry chemical shall be provided. Such
					 extinguishers shall be:
(i) a type approved
					 by a recognized Underwriter's Laboratory or Factory Mutual Laboratories under
					 classification 4B:C;
(ii) properly
					 filled and serviceable; and
(iii)
					 mounted so as to be properly identified and readily accessible for
					 use.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.8 - Specially equipped vehicles to transport the disabled

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ambulettes. Ambulettes are specially
					 equipped vehicles (other than school buses) used to transport passengers in
					 mobility aid devices or wheelchairs. The provisions of this section shall apply
					 to vehicles used in certificated transit disabled service. Those manufactured
					 on or after April 1, 1978 shall meet the following requirements:
(1) Special service door. A special service
					 door(s) shall be located on the right side or rear of vehicle, and shall have
					 the following features:
(i) The door
					 opening(s) shall be of sufficient size to accommodate the wheelchair with a
					 seated passenger When a door is located at the rear of the vehicle, a
					 reflective decal, with a dimension of at least 50 square inches, must be
					 affixed so as to present a unobstructed view to the drivers of vehicles
					 approaching from the rear and to call attention to the open door(s).
(ii) The interior release latch handle may be
					 of contrasting color.
(iii) A drip
					 molding shall be installed above the door opening(s) to effectively drain water
					 away from the entrance area.
(iv)
					 The door(s) shall cover the entire opening and shall be weather-sealed to
					 include lift or ramp storage area.
(v) The door(s) shall be equipped with a
					 device that will actuate an audible or visible signal when the door(s) is not
					 securely closed. Such warning signals shall be located in the driver's
					 compartment. The visible signal shall be a minimum two-inch red or amber lamp
					 and shall be readily visible to the driver while in his or her normal belted
					 seated position.
(vi) Each door
					 shall contain a window that provides visibility of the ramp or lift.
(vii) A positive fastening device shall be
					 installed to hold the door or doors in an open position.
(viii) The door posts, door locking device
					 and doors shall be constructed in a manner to develop at least the same
					 rigidity and crash resistance as the sides and rear of the vehicle.
(ix) A light placed inside the vehicle,
					 located over the service door and activated by opening the door, shall be
					 provided to illuminate the ramp and platform area.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.9 - Electric powered motor vehicles (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.10 - Exceptions to safety regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A duly authorized department
					 representative, upon application and review, may adopt an order that permits
					 the issuance of a certificate of inspection to the owner or operator of a motor
					 vehicle subject to this Part that does not meet or achieve a certain
					 standard(s) or requirement(s) contained within this Part, if such authorized
					 representative determines that said vehicle, as designed, constructed, altered
					 or modified, is safe to be operated within this State, and that the specific
					 deviations from the standard(s) or requirement(s) does not render such vehicle
					 unsafe to passengers or to the public compared to if such vehicle had complied
					 with such provision(s). Any order adopted pursuant to this section shall set
					 forth the specific provisions contained in this Part which the vehicle(s) is
					 exempt from, and the reason(s) why the authorized representative has determined
					 that the exemption has been granted.
(b) A copy of each such department order
					 granting a waiver shall be filed in the department's vehicle maintenance folder
					 (see section
					 721.1[c] 
					 of this Title).
(c) New York City
					 historic double-decker sightseeing bus exception. Effective April 1, 1998,
					 historic double-decker sightseeing buses operated under the authority of the
					 New York City Office of Consumer Affairs and meeting the definition contained
					 in section
					 720.1(m) 
					 of this Part shall be subject to all the requirements of this Part, except for
					 the following sections: 720.3(a)(9), 720.4(b), (c), (d), (e), (i), (m)(1)(i),
					 (aa)(1)(v) and 720.5.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.13 to 720.14 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.18 to 720.19 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.22 to 720.26 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.32 - Suspension and revocation of operating authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notwithstanding any regulation of the department to the contrary, pursuant to
					 section 145 and section 156 (2)  of the
					 Transportation Law, the commissioner may suspend or revoke the operating
					 authority of any motor carrier of passengers by certificate or permit for the
					 following safety reasons:
(1) The nature and
					 frequency of out of service violations found in the course of roadside safety
					 inspections leads the commissioner to conclude that the continued operation of
					 the motor carrier of passengers poses a threat to public safety. The incidence
					 of out of service violations that may result in action to suspend and/or revoke
					 operating authority shall be as follows:
(i)
					 at least 10 driver roadside safety inspections within the preceding six month
					 period that resulted in a driver out of service rate of 20 percent or more;
					 or
(ii) at least 10 vehicle
					 roadside safety inspections within the preceding six month period that resulted
					 in a vehicle out of service rate of 40 percent or more;
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 721 - Bus And Passenger Carrying Vehicle/driver Operational Requirements › Section 721.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Bus and other passenger vehicles operating in New York
						State and subject to the requirements of Part 720 of this Title are subject to
						the provisions of this Part. Operation of one or more leased vehicles shall not
						relieve the operator from complying with the provisions of this
						Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 721 - Bus And Passenger Carrying Vehicle/driver Operational Requirements › Section 721.1 - Maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preestablished
					 Regular Maintenance Intervals: Every passenger vehicle operator shall insure
					 that all vehicles subject to the requirements of 17 NYCRR 720 are examined and
					 serviced at regular maintenance intervals preestablished by the operator, and
					 that such operator has an effective preventive maintenance program.
(1) Any passenger vehicle operator that has
					 been the subject of at least 10 department vehicle inspections conducted in the
					 preceding state fiscal year pursuant to Section 140 (3)  of the
					 Transportation Law shall maintain an out of service rate of less than 25
					 percent.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 721 - Bus And Passenger Carrying Vehicle/driver Operational Requirements › Section 721.2 - Maintenance/driver documentation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Maintenance interval certification. Each operator shall certify in writing to
					 the department as to the time or mileage intervals when company examinations
					 and preventative maintenance will be performed.
(1) Such certification shall be submitted in
					 writing to the appropriate Regional Bus Inspection Program supervisor and shall
					 list the maximum maintenance cycle established for each particular vehicle type
					 that the operator owns or leases. The maximum maintenance cycle may be
					 expressed in terms of vehicle miles, engine hours or days between maintenance
					 intervals. The carrier shall not exceed the established maximum maintenance
					 interval(s).
(2) The maximum
					 established maintenance interval(s) shall be determined based on sound
					 preventive maintenance principles that consider current operating conditions,
					 previous maintenance experiences, including component failure history and the
					 final vehicle manufacturer's recommended service intervals. Maintenance
					 intervals shall not exceed the mileage, engine hours or time period limit(s)
					 recommended by the final vehicle manufacturer.
(3) In the event an operator decides to
					 modify the maintenance interval, an updated certification shall be filed with
					 the regional bus inspection supervisor prior to the implementation of the
					 revised cycle.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 721 - Bus And Passenger Carrying Vehicle/driver Operational Requirements › Section 721.3 - Driver requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Driver license. All drivers shall be duly licensed to operate a bus or other
					 passenger carrying motor vehicle in the State of New York pursuant to the
					 Vehicle and Traffic Law. This often will require that a driver possess a
					 commercial vehicle license and the appropriate passenger endorsement.
(b) Article 19-A and B registration. All
					 drivers covered under the requirements of article 19-A or B of the Vehicle and
					 Traffic Law shall be properly registered with the Bus Driver Unit of the New
					 York State Department of Motor Vehicles.
(c) Safety rules. All drivers of buses and
					 passenger carrying vehicles shall have general knowledge of the NYSDOT's
					 applicable safety rules and regulations governing motor carriers of passengers,
					 including Parts 720 (Vehicle Safety Regulations - sections
					 720.0 to
					 720.3,
					 720.7 and
					 720.11), 721 (Vehicle/Driver Operational Requirements), 722 (Reports of Accidents)
					 and 723 (Hours of Labor for Operators of Motor Buses).
(d) Pre-trip inspection. At the beginning of
					 each work day or shift, the driver shall be satisfied that the motor vehicle is
					 in safe operating condition prior to carrying passengers. Additionally:
(1) The driver shall review the last driver
					 vehicle inspection report in order to verify that the operator has addressed
					 the potential safety defect(s) noted on the previous report and the vehicle is
					 safe for dispatch.
(2) In addition
					 to checking for repair of deficiencies noted on the previous driver report, the
					 driver shall complete the pre-trip inspection report set forth in section
					 721.2(b) 
					 of this Part, which includes the date of the inspection, vehicle number,
					 mileage, and the driver's name.
(3)
					 Each completed report shall list any defect or deficiency discovered by the
					 driver which would affect the safe operation of the vehicle or likely result in
					 its mechanical breakdown. If no defect or deficiency is discovered, the report
					 shall so indicate.
(4) In all
					 instances, the driver shall sign the report.