§ 17-B — Public transportation safety plans; filing

§ 17-b. Public transportation safety plans; filing. 1.\nNotwithstanding the provisions of subdivision eight of section twelve\nhundred sixty-six and subdivision seven of section twelve hundred\nninety-nine-f of the public authorities law or of subdivision seventeen\nof section one hundred forty-two of this chapter, every transportation\nauthority and every other public transportation operator or carrier\nreceiving mass transportation operating assistance pursuant to section\neighteen-b of this chapter either directly from the department of\ntransportation or through a county or municipality pursuant to said\nsection, shall prepare and publicize a plan for transportation safety,\nincluding but not limited to equipment maintenance procedures, personnel\nsafety training programs, accident reporting systems, passenger safety\npractices and the persons responsible for the implementation of such\npractices and programs. Every authority and every other public\ntransportation operator or carrier required herein to file such a plan\nshall review such plan biennially and amend such plan if amendments are\nnecessary.\n 2. A plan and any amendment thereto, prepared pursuant to the\nprovisions of this section shall be filed with the department at its\nAlbany office. The commissioner, in consultation with the state public\ntransportation safety board shall examine the plan and determine whether\nthe same is satisfactory and feasible. The plan shall be made available\nto any and all persons, corporations, departments and agencies necessary\nto enable timely review and solicitation of comments.\n 3. If within one hundred eighty days of receipt of notice of the\nprovisions of this section from the commissioner and every two years\nthereafter, any transportation authority or system shall fail to file a\nplan as required by this section or shall file a plan or amendment which\nthe commissioner determines in consultation with the state public\ntransportation safety board, is unsatisfactory and shall fail to file a\nsubstitute plan or amendment within ninety days of the sending of notice\nof such determination, the commissioner shall be authorized and\nempowered to withhold from such authority or system payment of any and\nall state moneys otherwise payable to such authority or system as\noperating assistance pursuant to section eighteen-b of this chapter in\nthe next occurring quarter of the state fiscal year.\n 4. For purposes of this section the term transportation authority\nshall be deemed to mean and include every public benefit corporation\nconstituting a transportation authority which provides or contracts for\nthe provision of mass transportation services or any subsidiary thereof.\n