§ 138 — General powers of commissioner

§ 138. General powers of commissioner. The commissioner or a\ndesignated employee shall have the following functions, powers and\nduties:\n 1. To regulate motor carriers by establishing reasonable requirements\nwith respect to continuous and adequate service, and by establishing\nreasonable requirements with respect to uniform systems of accounts,\nrecords, reports, preservation of records and safety of operation and\nequipment.\n 2. To administer, execute and enforce all provisions of this chapter;\nto make all necessary orders in connection therewith; to prescribe\nrules, regulations and procedures for such administration; to issue\ncertificates and permits to motor carriers and to attach to any such\ncertificate or permit issued, either at time of issuance or at any time\nthereafter, any reasonable terms, conditions and limitations as shall be\nconsistent with the public interest.\n 3. To investigate all motor carriers and keep informed as to the\nmanner in which their property is operated, not only with respect to the\nadequacy, security, safety and accommodation afforded by their service\nbut also with respect to their compliance with all provisions of law,\nregulations and orders of the commissioner and to issue such orders in\nconnection therewith as may be required in the public interest.\n 4. To compel by subpoena duces tecum the production of any accounts,\nbooks, contracts, records, documents, memoranda and papers.\n 5. To subpoena witnesses, take testimony and administer oaths to\nwitnesses in any proceeding or examination instituted or conducted in\nreference to any matter under this chapter.\n 6. To establish reasonable classifications or groups of carriers\nincluded in the term motor carrier as the special nature of the services\nperformed by such motor carriers or groups of motor carriers shall\nrequire and to establish reasonable rules, regulations and requirements\nto be observed by the motor carriers so classified or grouped.\n 7. To investigate the cause of all accidents resulting in loss of life\nor injury to persons or property, which in the commissioner's judgment\nshall require investigation.\n 8. Except as provided in sections one hundred fifty-three and one\nhundred fifty-four of this chapter, to fix and approve the route or\nroutes of any bus line, except bus lines operating wholly within any\ncity having jurisdiction pursuant to subdivision four of section eighty\nof this chapter, and from time to time either upon application of the\nbus company, or upon complaint, or upon the commissioner's own\ninitiative and without complaint, but upon reasonable notice, to modify\nand amend the route or routes of any such bus company. No such bus\ncompany shall operate a bus line or bus lines upon any highway, avenue\nor street in the state except along a route as fixed and approved by the\ncommissioner, except that in case of street repairs, parades or other\ntemporary obstruction of the highway, the bus company may use during the\nperiod of such emergency, another route as close as practicable to the\noriginal route. The use of such alternate route during the period of\nsuch emergency shall be lawful unless otherwise ordered by the\ncommissioner. Notice of a proposed change in route or routes shall be\ngiven to each county and each city, town or village into or through\nwhich a proposed route is to pass.\n 9. To maintain and annually update its website to provide information\nwith regard to each bus operator or motor carrier under subparagraphs\n(ii) and (vi) of paragraph a of subdivision two of section one hundred\nforty of this article requiring department operating authority that\nincludes the bus operator's or motor carrier's name, number of\ninspections, number of out of service orders, operator identification\nnumber, location and region of operation including place of address,\npercentile to which an operator or motor carrier falls with respect to\nout of service defects, the number or percentage of out of service\ndefects where pursuant to the commissioner's regulations no inspection\ncertificate shall be issued until the defect is repaired and a\nre-inspection is conducted, and the number of serious physical injury or\nfatal crashes involving a for-hire vehicle requiring operating authority\npursuant to this article, and a link to access publicly available\ninformation on safety fitness standards and motor carrier safety and\nperformance data maintained by the federal motor carrier safety\nadministration of the United States department of transportation\npursuant to part three hundred eighty-five of title forty-nine of the\ncode of federal regulations.\n 10. (a) In consultation and cooperation with the commissioner of motor\nvehicles, to establish, maintain, monitor, and publicize a toll-free\nhotline operated and maintained by the department of motor vehicles\nthrough which any person may report safety issues with altered motor\nvehicles commonly referred to as "stretch limousines" having a seating\ncapacity of nine or more passengers, including the driver, used in the\nbusiness of transporting passengers for compensation. Upon the\nestablishment of such toll-free hotline, the commissioner and the\ncommissioner of motor vehicles shall require every such altered motor\nvehicle registered in this state to have posted therein a notice\nproviding the department of transportation's safe limo New York website\naddress and toll-free hotline number, in a form and manner approved by\nthe commissioner of motor vehicles. Such notice shall be posted in a\nmanner legible and conspicuous to passengers in all seating positions of\nsuch altered motor vehicles. For the purposes of this subdivision, the\nterm "safety issues" shall include, but not be limited to, the\noperational condition and functioning of such altered motor vehicle,\nmotor vehicle safety equipment availability and condition, altered motor\nvehicle inspection and registration, issues related to certificates or\npermits issued to such altered motor vehicles for the transportation of\npassengers by the United States department of transportation or the\ncommissioner, and alleged violations of article nineteen, article\nnineteen-A, or title VII of the vehicle and traffic law by a person\nduring his or her operation of such an altered motor vehicle.\n (b) (i) The commissioner may investigate reports received through such\nwebsite, and toll-free hotline related to the provisions of this article\nor article seven of this chapter and, where the commissioner has\nverified such information, may consider such verified information in the\nenforcement of such articles, and in setting priorities for enforcement\nactivities.\n (ii) The commissioner of motor vehicles may investigate reports\nreceived by such website, and toll-free hotline related to the\nprovisions of article five, section three hundred eighty-three, article\nfourteen, article nineteen, article nineteen-A, and title VII of the\nvehicle and traffic law and, where substantiated by such commissioner,\nmay consider such substantiated information in the enforcement of\narticles five, fourteen, and nineteen-A and section three hundred\neighty-three of such law, and in setting priorities for enforcement\nactivities.\n (iii) In consultation and cooperation with the commissioner of motor\nvehicles, the commissioner shall report on safety issues reported to\nsuch website, and toll-free hotline and related investigations\nsummarizing (A) the total number of safety issue reports received and\nthe type of safety issues reported; (B) the total number of safety issue\nreports received and the type of safety issues reported where the\ncommissioner or the commissioner of motor vehicles, as applicable,\nverified the information provided; (C) enforcement actions and other\nresponses taken by the commissioner or the commissioner of motor\nvehicles, as applicable, to safety issue reports received where the\ncommissioner or the commissioner of motor vehicles, as applicable, has\nverified such information; and (D) the length of time between the\nreceipt of safety issue reports from such website, or hotline and\nenforcement action or other response by the commissioner or the\ncommissioner of motor vehicles, as applicable. Such report shall be made\npublicly available on the department's website in a searchable format,\nshall be published no less than once annually, and shall compare the\nprevious three years of report data to the extent applicable. Such\nreport may also be included within the department's annual report\nsubmitted pursuant to subdivision thirteen of section fourteen of this\nchapter.\n