§ 507-A — Special requirements for for-hire vehicle motor carriers and drivers; drugs and alcohol

§ 507-a. Special requirements for for-hire vehicle motor carriers and\ndrivers; drugs and alcohol. 1. (a) All motor carriers shall be required\nto conduct pre-employment and random drug and alcohol testing in\naccordance with the provisions and requirements of Part 382 of Title 49\nof the Code of Federal Regulations on all drivers of any for-hire\nvehicle having a seating capacity of nine or more passengers, including\nthe driver, regardless of a commercial driver's license endorsement.\nEvery such driver shall be included in the random testing pool from\nwhich drivers are randomly selected for testing, and every such driver\nshall submit to such testing when selected, as required in Part 382 of\nTitle 49 of the Code of Federal Regulations.\n (b) Drug testing administered pursuant to this subdivision shall, at a\nminimum, be in conformance with drug testing procedures as set forth in\nPart 382 of Title 49 of the Code of Federal Regulations.\n 2. No person shall:\n (a) consume a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content, or be under the influence of an\nintoxicating liquor or drug, within eight hours before going on duty or\noperating, or having physical control of a for-hire vehicle having a\nseating capacity of nine or more passengers, including the driver; or\n (b) consume a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content while on duty, or operating, or in\nphysical control of a for-hire vehicle having a seating capacity of nine\nor more passengers, including the driver; or\n (c) possess a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content, while on duty, operating or in\nphysical control of a for-hire vehicle having a seating capacity of nine\nor more passengers, including the driver. However, this paragraph shall\nnot apply to possession of a drug, controlled substance or an\nintoxicating liquor which is transported as part of a shipment or\npersonal effects of a passenger or to alcoholic beverages which are in\nsealed containers.\n 3. No motor carrier shall require or permit a driver to:\n (a) violate any provision of subdivision two of this section; or\n (b) be on duty or operate a for-hire vehicle having a seating capacity\nof nine or more passengers, including the driver, if by such person's\ngeneral appearance or by such person's conduct or by other\nsubstantiating evidence, such person appears to have consumed a drug,\ncontrolled substance or an intoxicating liquor within the preceding\neight hours before such driver operates such for-hire vehicle.\n 4. (a) Every motor carrier shall submit an affidavit to the\ncommissioner attesting to compliance with this section. Such affidavit\nshall be submitted annually beginning no later than six months after the\neffective date of this subdivision, in a manner prescribed by\nregulations established by the commissioner.\n (b) Where an affidavit is not submitted pursuant to this section, the\ncommissioner may, in his or her discretion, suspend the registration of\nthe for-hire vehicle or vehicles or deny registration or renewal to the\nfor-hire vehicle or vehicles owned or operated by the motor carrier.\nSuch suspension or denial shall only remain in effect as long as the\nmotor carrier fails to submit such affidavit.\n (c) The commissioner may require any motor carrier to pay to the\npeople of this state a civil penalty, if after the motor carrier has had\nan opportunity to be heard, the commissioner finds that the motor\ncarrier has violated any provision of this section or regulations\npromulgated pursuant to this section, or has made any false statement or\nmisrepresentation on any affidavit of compliance filed with the\ncommissioner. Any civil penalty assessed for a first violation shall not\nbe less than five hundred dollars nor greater than two thousand five\nhundred dollars for each violation, false statement or misrepresentation\nfound to have been made or committed, and for a second or subsequent\nviolation, not arising out of the same incident, all of which were\ncommitted within a period of eighteen months, shall not be less than\nfive hundred dollars nor greater than five thousand dollars for each\nviolation, false statement or misrepresentation found to have been made\nor committed. If the registrant fails to pay such penalty within twenty\ndays after the mailing of such order, postage prepaid, certified and\naddressed to the last known place of business of such registrant, unless\nsuch order is stayed by an order of a court of competent jurisdiction,\nthe commissioner may revoke the for-hire vehicle registrations or out of\nstate registration privilege of operation in the state of such motor\ncarrier or may suspend the same for such periods as the commissioner may\ndetermine. Civil penalties assessed under this subdivision shall be paid\nto the commissioner for deposit into the dedicated highway and bridge\ntrust fund established pursuant to section eighty-nine-b of the state\nfinance law after reimbursing the department for the actual costs of\npublic education activities undertaken by the department to implement\nthis section, and unpaid civil penalties may be recovered by the\ncommissioner in a civil action in the name of the commissioner.\n (d) Upon the suspension of a vehicle registration pursuant to\nparagraph (b) or (c) of this subdivision, the commissioner shall have\nthe authority to deny a registration or renewal application to any other\nperson for the same for-hire vehicle and may deny a registration or\nrenewal application for any other for-hire motor vehicle registered in\nthe name of the applicant where the commissioner has reasonable grounds\nto believe that such registration or renewal will have the effect of\ndefeating the purposes of this section. Such suspension or denial shall\nremain in effect only as long as the suspension entered pursuant to\nparagraph (b) or (c) of this subdivision remains in effect.\n 5. For purposes of this section, the term "motor carrier" shall mean\nany person, firm, corporation, association or entity which directs one\nor more drivers of a for-hire vehicle or vehicles, having a seating\ncapacity of nine or more passengers, including the driver, and which\noperates such for-hire vehicle or vehicles in the business of\ntransporting passengers for compensation, and the term "for-hire\nvehicle" shall mean a taxicab or livery having a seating capacity of\nnine or more passengers, including the driver, including an altered\nmotor vehicle commonly referred to as a "stretch limousine" having a\nseating capacity of nine or more passengers, including the driver.\n