N.Y. Transportation Law § 138: General powers of commissioner

§ 138. General powers of commissioner. The commissioner or a

designated employee shall have the following functions, powers and

duties:

1. To regulate motor carriers by establishing reasonable requirements

with respect to continuous and adequate service, and by establishing

reasonable requirements with respect to uniform systems of accounts,

records, reports, preservation of records and safety of operation and

equipment.

2. To administer, execute and enforce all provisions of this chapter;

to make all necessary orders in connection therewith; to prescribe

rules, regulations and procedures for such administration; to issue

certificates and permits to motor carriers and to attach to any such

certificate or permit issued, either at time of issuance or at any time

thereafter, any reasonable terms, conditions and limitations as shall be

consistent with the public interest.

3. To investigate all motor carriers and keep informed as to the

manner in which their property is operated, not only with respect to the

adequacy, security, safety and accommodation afforded by their service

but also with respect to their compliance with all provisions of law,

regulations and orders of the commissioner and to issue such orders in

connection therewith as may be required in the public interest.

4. To compel by subpoena duces tecum the production of any accounts,

books, contracts, records, documents, memoranda and papers.

5. To subpoena witnesses, take testimony and administer oaths to

witnesses in any proceeding or examination instituted or conducted in

reference to any matter under this chapter.

6. To establish reasonable classifications or groups of carriers

included in the term motor carrier as the special nature of the services

performed by such motor carriers or groups of motor carriers shall

require and to establish reasonable rules, regulations and requirements

to be observed by the motor carriers so classified or grouped.

7. To investigate the cause of all accidents resulting in loss of life

or injury to persons or property, which in the commissioner's judgment

shall require investigation.

8. Except as provided in sections one hundred fifty-three and one

hundred fifty-four of this chapter, to fix and approve the route or

routes of any bus line, except bus lines operating wholly within any

city having jurisdiction pursuant to subdivision four of section eighty

of this chapter, and from time to time either upon application of the

bus company, or upon complaint, or upon the commissioner's own

initiative and without complaint, but upon reasonable notice, to modify

and amend the route or routes of any such bus company. No such bus

company shall operate a bus line or bus lines upon any highway, avenue

or street in the state except along a route as fixed and approved by the

commissioner, except that in case of street repairs, parades or other

temporary obstruction of the highway, the bus company may use during the

period of such emergency, another route as close as practicable to the

original route. The use of such alternate route during the period of

such emergency shall be lawful unless otherwise ordered by the

commissioner. Notice of a proposed change in route or routes shall be

given to each county and each city, town or village into or through

which a proposed route is to pass.

9. To maintain and annually update its website to provide information

with regard to each bus operator or motor carrier under subparagraphs

(ii) and (vi) of paragraph a of subdivision two of section one hundred

forty of this article requiring department operating authority that

includes the bus operator's or motor carrier's name, number of

inspections, number of out of service orders, operator identification

number, location and region of operation including place of address,

percentile to which an operator or motor carrier falls with respect to

out of service defects, the number or percentage of out of service

defects where pursuant to the commissioner's regulations no inspection

certificate shall be issued until the defect is repaired and a

re-inspection is conducted, and the number of serious physical injury or

fatal crashes involving a for-hire vehicle requiring operating authority

pursuant to this article, and a link to access publicly available

information on safety fitness standards and motor carrier safety and

performance data maintained by the federal motor carrier safety

administration of the United States department of transportation

pursuant to part three hundred eighty-five of title forty-nine of the

code of federal regulations.

10. (a) In consultation and cooperation with the commissioner of motor

vehicles, to establish, maintain, monitor, and publicize a toll-free

hotline operated and maintained by the department of motor vehicles

through which any person may report safety issues with altered motor

vehicles commonly referred to as "stretch limousines" having a seating

capacity of nine or more passengers, including the driver, used in the

business of transporting passengers for compensation. Upon the

establishment of such toll-free hotline, the commissioner and the

commissioner of motor vehicles shall require every such altered motor

vehicle registered in this state to have posted therein a notice

providing the department of transportation's safe limo New York website

address and toll-free hotline number, in a form and manner approved by

the commissioner of motor vehicles. Such notice shall be posted in a

manner legible and conspicuous to passengers in all seating positions of

such altered motor vehicles. For the purposes of this subdivision, the

term "safety issues" shall include, but not be limited to, the

operational condition and functioning of such altered motor vehicle,

motor vehicle safety equipment availability and condition, altered motor

vehicle inspection and registration, issues related to certificates or

permits issued to such altered motor vehicles for the transportation of

passengers by the United States department of transportation or the

commissioner, and alleged violations of article nineteen, article

nineteen-A, or title VII of the vehicle and traffic law by a person

during his or her operation of such an altered motor vehicle.

(b) (i) The commissioner may investigate reports received through such

website, and toll-free hotline related to the provisions of this article

or article seven of this chapter and, where the commissioner has

verified such information, may consider such verified information in the

enforcement of such articles, and in setting priorities for enforcement

activities.

(ii) The commissioner of motor vehicles may investigate reports

received by such website, and toll-free hotline related to the

provisions of article five, section three hundred eighty-three, article

fourteen, article nineteen, article nineteen-A, and title VII of the

vehicle and traffic law and, where substantiated by such commissioner,

may consider such substantiated information in the enforcement of

articles five, fourteen, and nineteen-A and section three hundred

eighty-three of such law, and in setting priorities for enforcement

activities.

(iii) In consultation and cooperation with the commissioner of motor

vehicles, the commissioner shall report on safety issues reported to

such website, and toll-free hotline and related investigations

summarizing (A) the total number of safety issue reports received and

the type of safety issues reported; (B) the total number of safety issue

reports received and the type of safety issues reported where the

commissioner or the commissioner of motor vehicles, as applicable,

verified the information provided; (C) enforcement actions and other

responses taken by the commissioner or the commissioner of motor

vehicles, as applicable, to safety issue reports received where the

commissioner or the commissioner of motor vehicles, as applicable, has

verified such information; and (D) the length of time between the

receipt of safety issue reports from such website, or hotline and

enforcement action or other response by the commissioner or the

commissioner of motor vehicles, as applicable. Such report shall be made

publicly available on the department's website in a searchable format,

shall be published no less than once annually, and shall compare the

previous three years of report data to the extent applicable. Such

report may also be included within the department's annual report

submitted pursuant to subdivision thirteen of section fourteen of this

chapter.