§ 140 — Safety requirements

New York § 140

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 6: Matters Relating to All Motor Carriers

Text

§ 140. Safety requirements. 1. Every common, contract and private\ncarrier of passenger by motor vehicle involved in interstate,\nintrastate, or international commerce domiciled in New York shall\nfurnish and provide with respect thereto such service and facilities as\nshall be safe and adequate. Any such carrier shall give immediate notice\nto the commissioner of every accident to which it shall, in the course\nof its operations, have been a party.\n 2. a. Notwithstanding any other provision of law, general or special,\nthe commissioner shall have the power to adopt rules and regulations\ngoverning the safety of operation of:\n (i) All motor vehicles transporting passengers to and from schools,\nfor hire, or owned and/or operated by school districts or any public or\nprivate school. For the purpose of this subdivision, "school" shall be\nas defined in subdivision twenty-six of section two of this chapter,\nexcept that it shall not include schools and community residences as\nsuch terms are defined in section 1.03 of the mental hygiene law.\n (ii) All motor carriers, private motor carriers, employees and\ncommercial motor vehicles that transport property or passengers in\nintrastate, interstate, or international commerce.\n (iii) All buses operated pursuant to or requiring regulatory authority\nfrom any city that has adopted an ordinance, local law or charter to\nregulate or franchise bus line operations pursuant to section eighty of\nthis chapter.\n (iv) All van services or other common carriers of passengers by motor\nvehicle covered under article seven of this chapter, which van services\nor other such common carriers of passengers are operated pursuant to or\nrequiring regulatory authority from any city with a population of over\none million that has adopted an ordinance or local law pursuant to\nsubdivision five of section eighty of this chapter.\n (v) Notwithstanding subparagraph (i) of this paragraph, all motor\nvehicles transporting passengers under the age of twenty-one from\nschools and community residences, as such terms are defined in section\n1.03 of the mental hygiene law, to school programs approved by the state\neducation department.\n (vi) All double-decker vehicles designed to comfortably seat and carry\neight or more passengers and providing transportation for compensation\nwhen that transportation is performed as a sightseeing service conducted\npursuant to the jurisdiction or regulatory control of a city with a\npopulation of one million or more when such service is performed wholly\nwithin such city.\n b. The department shall have the power to examine vehicles, facilities\nand records subject to the provisions of this subdivision, at any time\nand place where they are found, to ascertain whether such rules and\nregulations are being obeyed. The rules and regulations of the\ncommissioner shall provide for the inspection of all such vehicles,\nfacilities and records subject to the provisions of this subdivision, at\nsuch periods and at such manner as the commissioner may direct, and,\nwhen adopted, shall have the full force and effect of law.\n c. In addition to the provisions of section one hundred forty-five of\nthis article:\n (i) No motor carrier, private motor carrier, employee or commercial\nmotor vehicle that transports property or passengers in intrastate,\ninterstate, or international commerce shall operate in this state unless\nsuch motor carrier, private motor carrier, employee or commercial motor\nvehicle is in compliance with the department's safety rules and\nregulations.\n (ii) Any person who operates, or any corporation, company,\nassociation, joint stock association, partnership, person or any officer\nor agent thereof, who shall require or permit any person to operate, a\nmotor vehicle in violation of the department's safety rules and\nregulations shall be guilty of a traffic infraction and all of the\nprovisions of the vehicle and traffic law, except as otherwise\nspecifically provided herein, shall be applicable thereto.\n (iii) (a) Except as provided in subparagraph (iv) of this paragraph,\nany person, corporation, company, association, joint stock association,\npartnership, person or any officer or agent thereof, found guilty of\nviolating any of the department's safety rules or regulations shall be\nsubject to a fine of not less than two hundred fifty dollars nor more\nthan one thousand dollars for the first offense, and upon being found\nguilty of a second or subsequent offense committed within eighteen\nmonths by a fine of not less than one thousand dollars nor more than one\nthousand five hundred dollars, or by imprisonment for not more than\nthirty days or by both such fine and imprisonment.\n (b) Any person, corporation, company, association, joint stock\nassociation, partnership, person or any officer or agent thereof, found\nguilty of violating any of the department's safety rules or regulations\ninvolving an out-of-service defect relating to brake systems, steering\ncomponents and/or coupling devices shall be subject to a fine of not\nless than five hundred dollars nor more than one thousand two hundred\nfifty dollars for the first offense, and upon being found guilty of a\nsecond or subsequent offense committed within eighteen months by a fine\nof not less than one thousand two hundred fifty dollars nor more than\nthree thousand dollars, or by imprisonment for not more than sixty days\nor by both such fine and imprisonment; provided, however, that if any\nsuch person, corporation, company, association, joint stock association,\npartnership, person or any officer or agent thereof is operating a farm\nvehicle registered pursuant to subdivision thirteen of section four\nhundred one of the vehicle and traffic law in conformance with the terms\nof such registration, and if the violation as set forth in the summons\nis corrected not later than one-half hour after sunset on the third full\nbusiness day after the issuance of the summons and proof of such\ncorrection as set forth in item (b) of subparagraph (iv) of this\nparagraph is submitted to the court, the penalty for a first violation\ninvolving brake systems shall be a fine of two hundred fifty dollars,\nthe penalty for a first violation involving steering components and/or\ncoupling devices shall be a fine of two hundred dollars and the penalty\nfor a first violation involving any other out-of-service defect shall be\na fine of one hundred fifty dollars. A motor vehicle shall be deemed to\nbe out-of-service only until such time as the applicable out-of-service\ndefect is repaired or adjusted.\n Any person, corporation, company, association, joint stock\nassociation, partnership, person or any officer or agent thereof, found\nguilty of violating any of the department's safety rules or regulations\ninvolving an out-of-service defect relating to load securement, shall be\nsubject to a fine of not less than one thousand dollars nor more than\none thousand five hundred dollars for the first offense, and upon being\nfound guilty of a second or subsequent offense committed within eighteen\nmonths by a fine of not less than one thousand five hundred dollars nor\nmore than three thousand dollars, or by imprisonment for not more than\nsixty days or by both such fine and imprisonment; provided, however,\nthat if any such person, corporation, company, association, joint stock\nassociation, partnership, person or any officer or agent thereof is\noperating a farm vehicle registered pursuant to subdivision thirteen of\nsection four hundred one of the vehicle and traffic law in conformance\nwith the terms of such registration, the penalty for such violation\nshall be a fine of five hundred dollars. A motor vehicle shall be deemed\nto be out-of-service only until such time as the applicable\nout-of-service defect is repaired or adjusted.\n (iv) (a) Any complaint issued for an equipment violation, except for a\nviolation involving an out-of-service defect relating to load\nsecurement, brake systems, steering components and/or coupling devices\nor except for a violation involving the operation of any motor vehicle\nafter it has been placed out-of-service, shall be dismissed by the court\nbefore such summons is returnable if the violation as set forth in the\nsummons is corrected not later than one-half hour after sunset on the\nfirst full business day, or if such complaint involves a farm vehicle\nregistered pursuant to subdivision thirteen of section four hundred one\nof the vehicle and traffic law and operated in conformance with the\nterms of such registration, not later than one-half hour after sunset on\nthe third full business day after the issuance of the summons and proof\nof such correction as set forth in item (b) of this subparagraph is\nsubmitted to the court. For the purposes of this subparagraph, "business\nday" shall mean any calendar day except Sunday, or the following\nbusiness holidays: New Year's Day, Washington's Birthday, Memorial Day,\nIndependence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving\nDay and Christmas Day.\n (b) Acceptable proof of repair or adjustment shall consist of\nsubmission to the court on or before the return date of the summons of\n(I) a statement of correction from an officially designated state\ninspection station duly executed by the person performing or making such\ninspection and bearing the official stamp of the state inspection\nstation, (II) a statement of correction from an automobile repair shop\non the letterhead of such repair shop duly executed by the person who\nmade the correction or (III) a signed statement of any police officer or\na department inspector that the necessary corrections have been made.\nThe statement required by this subparagraph shall be directed to the\ncourt having jurisdiction of the alleged violation, shall be affirmed as\ntrue under penalty of perjury, and shall include the name, occupation\nand position of the person making the statement, the time and date that\nthe repairs or inspection were made and a statement that the defective\nequipment, cited in the violation, on the vehicle in question, is in\nproper working order.\n (v) (a) A driver who is convicted of violating an out-of-service order\nas provided for in the department's safety rules and regulations shall\nbe guilty of a traffic infraction which shall be punishable by a fine of\nnot less than three thousand dollars nor more than five thousand dollars\nupon the first offense, and upon being found guilty of a second or\nsubsequent offense within eighteen months by a fine of not less than six\nthousand dollars nor more than seven thousand dollars.\n (b) No person, corporation, limited liability company or business\nentity, joint stock association, partnership, or any officer or agent\nthereof, shall knowingly allow, require, permit or authorize any person\nto operate a commercial motor vehicle as defined by section five hundred\none-a of the vehicle and traffic law during any period in which such\nperson, such commercial motor vehicle, or such motor carrier operation\nhas been placed out of service as provided for in the department's\nsafety rules and regulations and shall be subject to a fine of not less\nthan three thousand seven hundred fifty dollars and not more than thirty\nthousand dollars for any violation thereof.\n (c) No person, corporation, limited liability company or business\nentity, joint stock association, partnership, or any officer or agent\nthereof, shall knowingly allow, require, permit or authorize any person\nto operate a commercial motor vehicle as defined in section five hundred\none-a of the vehicle and traffic law in violation of section eleven\nhundred seventy-one or eleven hundred seventy-six of the vehicle and\ntraffic law and, upon conviction thereof, shall be subject to a fine of\nnot more than twelve thousand dollars for any violation thereof.\n (vi) If any person, corporation, company, association, joint stock\nassociation, partnership, person or any officer or agent thereof, does\nnot appear in response to an appearance ticket or the court's direction,\nor pay any fine imposed by the court or a civil penalty imposed pursuant\nto the provisions of section one hundred forty-five of this article, the\ncommissioner of motor vehicles shall have the power to suspend the\nregistration or privilege of operation of any vehicle operated or\nalleged to have been operated in violation of the department's safety\nrules and regulations.\n (vii) No person, corporation, limited liability company or business\nentity, joint stock association, partnership, or any officer or agent\nthereof, shall knowingly allow, require, permit or authorize any person\nto operate a commercial motor vehicle, as defined in section five\nhundred one-a of the vehicle and traffic law, during any period in which\nthe operator:\n (a) does not have a valid commercial learner's permit or commercial\ndriver's license; or\n (b) does not have a commercial learner's permit or commercial driver's\nlicense with the proper class or endorsements; or\n (c) violates any restriction on such operator's commercial learner's\npermit or commercial driver's license; or\n (d) has a commercial learner's permit or commercial driver's license\nthat is suspended, revoked or cancelled, or such operator has been\notherwise disqualified by the commissioner of motor vehicles; or\n (e) has more than one commercial learner's permit or commercial\ndriver's license.\n A violation of this subparagraph shall be punishable by a fine of not\nless than two hundred fifty dollars nor more than one thousand two\nhundred fifty dollars.\n 3. No motor vehicle designed to carry passengers, as described in\nsubdivision two of this section, shall be operated within the state\nunless it carries prominently displayed thereon the name of the operator\nand certificate evidencing an inspection in accordance with the rules\nand regulations of the commissioner within a period of six months last\npreceding. The commissioner may, by order, rule or regulation, exempt\nfrom the requirements of this subdivision, vehicles which are not\noperated exclusively in transportation services for which inspection is\nrequired, provided that written evidence of the names otherwise subject\nto prominent display and such a certificate of inspection are at all\ntimes carried within such vehicles to be made available for examination\nupon proper demand, while the vehicles are operated in such service. In\naddition, the commissioner may, by order, rule or regulation, establish\na risk-based inspection program whereby operators whose inspection\nperformance fails to meet performance standards established by the\ncommissioner shall be subject to comprehensive safety reviews and/or\nadditional inspections.\n 4. Each motor vehicle engaged in the interstate or international\ntransportation of passengers operated within the state shall be subject\nto subdivision three of this section as to the display of the name of\nthe operator thereof, and of such certificate of inspection as to the\nsafety of its appliances, equipment and mechanical operation, as the\ncommissioner may, by rules and regulations require. In respect to such\nmotor vehicle, the commissioner may, in lieu of a certificate of the\ncommissioner, authorize the display of a certificate of inspection\nissued within a period of twelve months last preceding, by a regulatory\nbody of another state, or a province of Canada, having safety standards\ndetermined by the commissioner not to be substantially lower than those\nprescribed by the commissioner. The rules and regulations to be adopted\nunder this subdivision shall insofar as practicable be uniform and the\nprovisions of the vehicle and traffic law so far as applicable and not\nin conflict with the provisions of this subdivision, shall continue to\napply to all such motor vehicles.\n 5. No motor vehicle with a seating capacity of more than eleven\npassengers manufactured after December thirty-first, nineteen hundred\nseventy-five, used in the business of transporting school children for\nhire or used for the transportation of school children, owned and/or\noperated by school districts or by any public or private school shall be\noperated within the state, unless each seat, other than the driver's\nseat, on such vehicle is equipped with a padded back at least\ntwenty-eight inches in height of a type and specification approved by\nthe commissioner. Any person who operates a motor vehicle in violation\nof the requirement for such seat backs shall be guilty of a violation,\npunishable by a fine not exceeding one hundred dollars. The provisions\nof this subdivision shall not apply to any bus used for the\ntransportation of pupils, teachers and other persons acting in a\nsupervisory capacity to and from school activities and which bus does\nnot receive or discharge passengers on or along the public highways on\nregularly scheduled routes and which is being operated pursuant to\nfor-hire operating authority issued by the commissioner or by the United\nStates department of transportation. School buses manufactured or\nassembled prior to April first, nineteen hundred seventy-seven may not\nbe used to transport pupils, teachers and other persons acting in a\nsupervisory capacity to and from school activities.\n 6. Notwithstanding any inconsistent provision of this chapter or of\nany other law, general or special, or any rule or regulation, it shall\nbe unlawful, except in cases of emergency, for any person operating any\nbus in intercity or suburban service where the length of a non-stop trip\nis more than twenty-five miles to allow passengers to stand in the aisle\nof any such bus while such bus is in motion. The commissioner may, upon\napplication, waive this provision in unique or special circumstances if\nit is in the public interest to do so.\n 7. The powers granted to the commissioner by this section to regulate\nand prescribe safety requirements for motor vehicle equipment and\nappliances shall not supersede or otherwise limit, qualify or modify the\npowers granted to the commissioner of motor vehicles in respect thereto\npursuant to the vehicle and traffic law and shall not be exercised,\nexcept in furtherance and in addition to any regulations or requirements\nof the commissioner of motor vehicles made pursuant to law.\n 8. The jurisdiction of the commissioner over the matters herein\nconferred on the commissioner shall be exclusive.\n 9. a. If, after notice and opportunity to be heard, the commissioner\nshall find that any person is operating in violation of the provisions\nof this section, the commissioner may penalize such person pursuant to\nsubdivision three of section one hundred forty-five of this article. The\ncommissioner may also notify the commissioner of motor vehicles that\nsuch person is operating in violation of this section and the\ncommissioner of motor vehicles shall thereupon suspend the registration\nof all motor vehicles owned or operated by such person, with the\nexception of private passenger automobiles, until such time as the\ncommissioner may give notice that the violation has been satisfactorily\nadjusted, and the commissioner of motor vehicles may direct any police\nofficer to secure possession of the number plates of such motor vehicles\nand to return the same to the commissioner of motor vehicles. Failure of\nthe holder or of any person possessing such number plates to deliver\nsuch number plates to any police officer who requests the same pursuant\nto this subdivision shall constitute a misdemeanor. The commissioner of\nmotor vehicles shall have the authority to deny a registration or\nrenewal application to any other person for the same vehicle and may\ndeny a registration or renewal application for any other motor vehicle\nregistered in the name of the applicant where it has been determined\nthat such registrant's intent has been to evade the purposes of this\nsubdivision and where the commissioner of motor vehicles has reasonable\ngrounds to believe that such registration or renewal will have the\neffect of defeating the purposes of this subdivision. The procedure on\nany such suspension shall be the same as in the case of a suspension\nunder the vehicle and traffic law. Operation of any motor vehicle while\nunder suspension as herein provided shall constitute a class A\nmisdemeanor. A person who operates a motor vehicle while such vehicle is\nunder suspension as provided in this subdivision in a manner that causes\nthe death of another person, knowing that the operation of such vehicle\nis in violation of this subdivision, shall be guilty of a class E\nfelony.\n b. (i) Whenever an altered motor vehicle commonly referred to as a\n"stretch limousine" has failed an inspection and been placed\nout-of-service, the commissioner may direct a police officer or agent of\nsuch commissioner to immediately secure possession of the number plates\nof such vehicle and return the same to the commissioner of motor\nvehicles. The commissioner shall notify the commissioner of motor\nvehicles to that effect, and the commissioner of motor vehicles shall\nthereupon suspend the registration of such vehicle until such time as\nthe commissioner gives notice that the out-of-service defect has been\nsatisfactorily adjusted. Provided, however, that the commissioner shall\ngive notice and an opportunity to be heard within not more than thirty\ndays of the suspension. Failure of the holder or of any person\npossessing such plates to deliver to the commissioner or agent of such\ncommissioner who requests the same pursuant to this paragraph shall be a\nmisdemeanor. The commissioner of motor vehicles shall have the authority\nto deny a registration or renewal application to any other person for\nthe same vehicle where it has been determined that such registrant's\nintent has been to evade the purposes of this paragraph and where the\ncommissioner of motor vehicles has reasonable grounds to believe that\nsuch registration or renewal will have the effect of defeating the\npurposes of this paragraph. The procedure on any such suspension shall\nbe the same as in the case of a suspension under the vehicle and traffic\nlaw.\n (i-a) No person, corporation, limited liability company or business\nentity, joint stock association, partnership, or any officer or agent\nthereof, shall operate or knowingly allow, require, permit or authorize\nany person to operate a motor vehicle while under suspension as provided\nin subparagraph (i) of this paragraph. A violation of this subparagraph\nshall constitute a class A misdemeanor punishable by a fine of not less\nthan five thousand dollars nor more than twenty-five thousand dollars in\naddition to any other penalties provided by law.\n (ii) (a) Upon the seizure of number plates pursuant to subparagraph\n(i) of this paragraph, if the out-of-service defect is of a type where\npursuant to the commissioner's regulations no inspection certificate\nwill be issued until the defect is repaired and a re-inspection is\nconducted, or is related to its horn, and the commissioner determines\nthat allowing the altered motor vehicle to leave the inspection area\nwould be contrary to public safety, the commissioner may: (A) remove or\narrange for the removal of, or may direct any police officer to remove\nor arrange for the removal of, the altered motor vehicle to a non-public\ngarage or other place of safety where it shall remain impounded, subject\nto the provisions of this section; or (B) immobilize or arrange for the\nimmobilization of the altered motor vehicle on premises owned or under\nthe control of the owner of such altered motor vehicle, subject to the\nprovisions of this section. The altered motor vehicle shall be entered\ninto the New York statewide police information network as an impounded\nor immobilized vehicle and the commissioner shall promptly notify the\nowner that the altered motor vehicle has been impounded or immobilized\nand the reason or reasons for such impoundment or immobilization, and\ngive such owner an opportunity to be heard within not more than thirty\ndays of the suspension imposed pursuant to subparagraph (i) of this\nparagraph.\n (b) A motor vehicle so impounded or immobilized shall be in the\ncustody of the commissioner and shall not be released unless the\ncommissioner is satisfied that repairs have been scheduled or been made\nto satisfactorily adjust such vehicle's out-of-service defect or defects\nand such vehicle has been re-inspected.\n (c) The commissioner shall provide written notice to the owner or\noperator of the service repair shop or impoundment lot informing them\nthat such impounded vehicle shall not be released without the written\napproval of the commissioner. Release of such impounded vehicle without\napproval by the commissioner shall be punishable by a fine of up to ten\nthousand dollars;\n 10. For purposes of this section, the terms "employee" and "employer"\nshall have the same meanings as such terms are defined by section 390.5\nof title 49 of the code of federal regulations, as such regulations are\namended from time to time.\n