N.Y. Transportation Law § 140: Safety requirements

§ 140. Safety requirements. 1. Every common, contract and private

carrier of passenger by motor vehicle involved in interstate,

intrastate, or international commerce domiciled in New York shall

furnish and provide with respect thereto such service and facilities as

shall be safe and adequate. Any such carrier shall give immediate notice

to the commissioner of every accident to which it shall, in the course

of its operations, have been a party.

2. a. Notwithstanding any other provision of law, general or special,

the commissioner shall have the power to adopt rules and regulations

governing the safety of operation of:

(i) All motor vehicles transporting passengers to and from schools,

for hire, or owned and/or operated by school districts or any public or

private school. For the purpose of this subdivision, "school" shall be

as defined in subdivision twenty-six of section two of this chapter,

except that it shall not include schools and community residences as

such terms are defined in section 1.03 of the mental hygiene law.

(ii) All motor carriers, private motor carriers, employees and

commercial motor vehicles that transport property or passengers in

intrastate, interstate, or international commerce.

(iii) All buses operated pursuant to or requiring regulatory authority

from any city that has adopted an ordinance, local law or charter to

regulate or franchise bus line operations pursuant to section eighty of

this chapter.

(iv) All van services or other common carriers of passengers by motor

vehicle covered under article seven of this chapter, which van services

or other such common carriers of passengers are operated pursuant to or

requiring regulatory authority from any city with a population of over

one million that has adopted an ordinance or local law pursuant to

subdivision five of section eighty of this chapter.

(v) Notwithstanding subparagraph (i) of this paragraph, all motor

vehicles transporting passengers under the age of twenty-one from

schools and community residences, as such terms are defined in section

1.03 of the mental hygiene law, to school programs approved by the state

education department.

(vi) All double-decker vehicles designed to comfortably seat and carry

eight or more passengers and providing transportation for compensation

when that transportation is performed as a sightseeing service conducted

pursuant to the jurisdiction or regulatory control of a city with a

population of one million or more when such service is performed wholly

within such city.

b. The department shall have the power to examine vehicles, facilities

and records subject to the provisions of this subdivision, at any time

and place where they are found, to ascertain whether such rules and

regulations are being obeyed. The rules and regulations of the

commissioner shall provide for the inspection of all such vehicles,

facilities and records subject to the provisions of this subdivision, at

such periods and at such manner as the commissioner may direct, and,

when adopted, shall have the full force and effect of law.

c. In addition to the provisions of section one hundred forty-five of

this article:

(i) No motor carrier, private motor carrier, employee or commercial

motor vehicle that transports property or passengers in intrastate,

interstate, or international commerce shall operate in this state unless

such motor carrier, private motor carrier, employee or commercial motor

vehicle is in compliance with the department's safety rules and

regulations.

(ii) Any person who operates, or any corporation, company,

association, joint stock association, partnership, person or any officer

or agent thereof, who shall require or permit any person to operate, a

motor vehicle in violation of the department's safety rules and

regulations shall be guilty of a traffic infraction and all of the

provisions of the vehicle and traffic law, except as otherwise

specifically provided herein, shall be applicable thereto.

(iii) (a) Except as provided in subparagraph (iv) of this paragraph,

any person, corporation, company, association, joint stock association,

partnership, person or any officer or agent thereof, found guilty of

violating any of the department's safety rules or regulations shall be

subject to a fine of not less than two hundred fifty dollars nor more

than one thousand dollars for the first offense, and upon being found

guilty of a second or subsequent offense committed within eighteen

months by a fine of not less than one thousand dollars nor more than one

thousand five hundred dollars, or by imprisonment for not more than

thirty days or by both such fine and imprisonment.

(b) Any person, corporation, company, association, joint stock

association, partnership, person or any officer or agent thereof, found

guilty of violating any of the department's safety rules or regulations

involving an out-of-service defect relating to brake systems, steering

components and/or coupling devices shall be subject to a fine of not

less than five hundred dollars nor more than one thousand two hundred

fifty dollars for the first offense, and upon being found guilty of a

second or subsequent offense committed within eighteen months by a fine

of not less than one thousand two hundred fifty dollars nor more than

three thousand dollars, or by imprisonment for not more than sixty days

or by both such fine and imprisonment; provided, however, that if any

such person, corporation, company, association, joint stock association,

partnership, person or any officer or agent thereof is operating a farm

vehicle registered pursuant to subdivision thirteen of section four

hundred one of the vehicle and traffic law in conformance with the terms

of such registration, and if the violation as set forth in the summons

is corrected not later than one-half hour after sunset on the third full

business day after the issuance of the summons and proof of such

correction as set forth in item (b) of subparagraph (iv) of this

paragraph is submitted to the court, the penalty for a first violation

involving brake systems shall be a fine of two hundred fifty dollars,

the penalty for a first violation involving steering components and/or

coupling devices shall be a fine of two hundred dollars and the penalty

for a first violation involving any other out-of-service defect shall be

a fine of one hundred fifty dollars. A motor vehicle shall be deemed to

be out-of-service only until such time as the applicable out-of-service

defect is repaired or adjusted.

Any person, corporation, company, association, joint stock

association, partnership, person or any officer or agent thereof, found

guilty of violating any of the department's safety rules or regulations

involving an out-of-service defect relating to load securement, shall be

subject to a fine of not less than one thousand dollars nor more than

one thousand five hundred dollars for the first offense, and upon being

found guilty of a second or subsequent offense committed within eighteen

months by a fine of not less than one thousand five hundred dollars nor

more than three thousand dollars, or by imprisonment for not more than

sixty days or by both such fine and imprisonment; provided, however,

that if any such person, corporation, company, association, joint stock

association, partnership, person or any officer or agent thereof is

operating a farm vehicle registered pursuant to subdivision thirteen of

section four hundred one of the vehicle and traffic law in conformance

with the terms of such registration, the penalty for such violation

shall be a fine of five hundred dollars. A motor vehicle shall be deemed

to be out-of-service only until such time as the applicable

out-of-service defect is repaired or adjusted.

(iv) (a) Any complaint issued for an equipment violation, except for a

violation involving an out-of-service defect relating to load

securement, brake systems, steering components and/or coupling devices

or except for a violation involving the operation of any motor vehicle

after it has been placed out-of-service, shall be dismissed by the court

before such summons is returnable if the violation as set forth in the

summons is corrected not later than one-half hour after sunset on the

first full business day, or if such complaint involves a farm vehicle

registered pursuant to subdivision thirteen of section four hundred one

of the vehicle and traffic law and operated in conformance with the

terms of such registration, not later than one-half hour after sunset on

the third full business day after the issuance of the summons and proof

of such correction as set forth in item (b) of this subparagraph is

submitted to the court. For the purposes of this subparagraph, "business

day" shall mean any calendar day except Sunday, or the following

business holidays: New Year's Day, Washington's Birthday, Memorial Day,

Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving

Day and Christmas Day.

(b) Acceptable proof of repair or adjustment shall consist of

submission to the court on or before the return date of the summons of

(I) a statement of correction from an officially designated state

inspection station duly executed by the person performing or making such

inspection and bearing the official stamp of the state inspection

station, (II) a statement of correction from an automobile repair shop

on the letterhead of such repair shop duly executed by the person who

made the correction or (III) a signed statement of any police officer or

a department inspector that the necessary corrections have been made.

The statement required by this subparagraph shall be directed to the

court having jurisdiction of the alleged violation, shall be affirmed as

true under penalty of perjury, and shall include the name, occupation

and position of the person making the statement, the time and date that

the repairs or inspection were made and a statement that the defective

equipment, cited in the violation, on the vehicle in question, is in

proper working order.

(v) (a) A driver who is convicted of violating an out-of-service order

as provided for in the department's safety rules and regulations shall

be guilty of a traffic infraction which shall be punishable by a fine of

not less than three thousand dollars nor more than five thousand dollars

upon the first offense, and upon being found guilty of a second or

subsequent offense within eighteen months by a fine of not less than six

thousand dollars nor more than seven thousand dollars.

(b) No person, corporation, limited liability company or business

entity, joint stock association, partnership, or any officer or agent

thereof, shall knowingly allow, require, permit or authorize any person

to operate a commercial motor vehicle as defined by section five hundred

one-a of the vehicle and traffic law during any period in which such

person, such commercial motor vehicle, or such motor carrier operation

has been placed out of service as provided for in the department's

safety rules and regulations and shall be subject to a fine of not less

than three thousand seven hundred fifty dollars and not more than thirty

thousand dollars for any violation thereof.

(c) No person, corporation, limited liability company or business

entity, joint stock association, partnership, or any officer or agent

thereof, shall knowingly allow, require, permit or authorize any person

to operate a commercial motor vehicle as defined in section five hundred

one-a of the vehicle and traffic law in violation of section eleven

hundred seventy-one or eleven hundred seventy-six of the vehicle and

traffic law and, upon conviction thereof, shall be subject to a fine of

not more than twelve thousand dollars for any violation thereof.

(vi) If any person, corporation, company, association, joint stock

association, partnership, person or any officer or agent thereof, does

not appear in response to an appearance ticket or the court's direction,

or pay any fine imposed by the court or a civil penalty imposed pursuant

to the provisions of section one hundred forty-five of this article, the

commissioner of motor vehicles shall have the power to suspend the

registration or privilege of operation of any vehicle operated or

alleged to have been operated in violation of the department's safety

rules and regulations.

(vii) No person, corporation, limited liability company or business

entity, joint stock association, partnership, or any officer or agent

thereof, shall knowingly allow, require, permit or authorize any person

to operate a commercial motor vehicle, as defined in section five

hundred one-a of the vehicle and traffic law, during any period in which

the operator:

(a) does not have a valid commercial learner's permit or commercial

driver's license; or

(b) does not have a commercial learner's permit or commercial driver's

license with the proper class or endorsements; or

(c) violates any restriction on such operator's commercial learner's

permit or commercial driver's license; or

(d) has a commercial learner's permit or commercial driver's license

that is suspended, revoked or cancelled, or such operator has been

otherwise disqualified by the commissioner of motor vehicles; or

(e) has more than one commercial learner's permit or commercial

driver's license.

A violation of this subparagraph shall be punishable by a fine of not

less than two hundred fifty dollars nor more than one thousand two

hundred fifty dollars.

3. No motor vehicle designed to carry passengers, as described in

subdivision two of this section, shall be operated within the state

unless it carries prominently displayed thereon the name of the operator

and certificate evidencing an inspection in accordance with the rules

and regulations of the commissioner within a period of six months last

preceding. The commissioner may, by order, rule or regulation, exempt

from the requirements of this subdivision, vehicles which are not

operated exclusively in transportation services for which inspection is

required, provided that written evidence of the names otherwise subject

to prominent display and such a certificate of inspection are at all

times carried within such vehicles to be made available for examination

upon proper demand, while the vehicles are operated in such service. In

addition, the commissioner may, by order, rule or regulation, establish

a risk-based inspection program whereby operators whose inspection

performance fails to meet performance standards established by the

commissioner shall be subject to comprehensive safety reviews and/or

additional inspections.

4. Each motor vehicle engaged in the interstate or international

transportation of passengers operated within the state shall be subject

to subdivision three of this section as to the display of the name of

the operator thereof, and of such certificate of inspection as to the

safety of its appliances, equipment and mechanical operation, as the

commissioner may, by rules and regulations require. In respect to such

motor vehicle, the commissioner may, in lieu of a certificate of the

commissioner, authorize the display of a certificate of inspection

issued within a period of twelve months last preceding, by a regulatory

body of another state, or a province of Canada, having safety standards

determined by the commissioner not to be substantially lower than those

prescribed by the commissioner. The rules and regulations to be adopted

under this subdivision shall insofar as practicable be uniform and the

provisions of the vehicle and traffic law so far as applicable and not

in conflict with the provisions of this subdivision, shall continue to

apply to all such motor vehicles.

5. No motor vehicle with a seating capacity of more than eleven

passengers manufactured after December thirty-first, nineteen hundred

seventy-five, used in the business of transporting school children for

hire or used for the transportation of school children, owned and/or

operated by school districts or by any public or private school shall be

operated within the state, unless each seat, other than the driver's

seat, on such vehicle is equipped with a padded back at least

twenty-eight inches in height of a type and specification approved by

the commissioner. Any person who operates a motor vehicle in violation

of the requirement for such seat backs shall be guilty of a violation,

punishable by a fine not exceeding one hundred dollars. The provisions

of this subdivision shall not apply to any bus used for the

transportation of pupils, teachers and other persons acting in a

supervisory capacity to and from school activities and which bus does

not receive or discharge passengers on or along the public highways on

regularly scheduled routes and which is being operated pursuant to

for-hire operating authority issued by the commissioner or by the United

States department of transportation. School buses manufactured or

assembled prior to April first, nineteen hundred seventy-seven may not

be used to transport pupils, teachers and other persons acting in a

supervisory capacity to and from school activities.

6. Notwithstanding any inconsistent provision of this chapter or of

any other law, general or special, or any rule or regulation, it shall

be unlawful, except in cases of emergency, for any person operating any

bus in intercity or suburban service where the length of a non-stop trip

is more than twenty-five miles to allow passengers to stand in the aisle

of any such bus while such bus is in motion. The commissioner may, upon

application, waive this provision in unique or special circumstances if

it is in the public interest to do so.

7. The powers granted to the commissioner by this section to regulate

and prescribe safety requirements for motor vehicle equipment and

appliances shall not supersede or otherwise limit, qualify or modify the

powers granted to the commissioner of motor vehicles in respect thereto

pursuant to the vehicle and traffic law and shall not be exercised,

except in furtherance and in addition to any regulations or requirements

of the commissioner of motor vehicles made pursuant to law.

8. The jurisdiction of the commissioner over the matters herein

conferred on the commissioner shall be exclusive.

9. a. If, after notice and opportunity to be heard, the commissioner

shall find that any person is operating in violation of the provisions

of this section, the commissioner may penalize such person pursuant to

subdivision three of section one hundred forty-five of this article. The

commissioner may also notify the commissioner of motor vehicles that

such person is operating in violation of this section and the

commissioner of motor vehicles shall thereupon suspend the registration

of all motor vehicles owned or operated by such person, with the

exception of private passenger automobiles, until such time as the

commissioner may give notice that the violation has been satisfactorily

adjusted, and the commissioner of motor vehicles may direct any police

officer to secure possession of the number plates of such motor vehicles

and to return the same to the commissioner of motor vehicles. Failure of

the holder or of any person possessing such number plates to deliver

such number plates to any police officer who requests the same pursuant

to this subdivision shall constitute a misdemeanor. The commissioner of

motor vehicles shall have the authority to deny a registration or

renewal application to any other person for the same vehicle and may

deny a registration or renewal application for any other motor vehicle

registered in the name of the applicant where it has been determined

that such registrant's intent has been to evade the purposes of this

subdivision and where the commissioner of motor vehicles has reasonable

grounds to believe that such registration or renewal will have the

effect of defeating the purposes of this subdivision. The procedure on

any such suspension shall be the same as in the case of a suspension

under the vehicle and traffic law. Operation of any motor vehicle while

under suspension as herein provided shall constitute a class A

misdemeanor. A person who operates a motor vehicle while such vehicle is

under suspension as provided in this subdivision in a manner that causes

the death of another person, knowing that the operation of such vehicle

is in violation of this subdivision, shall be guilty of a class E

felony.

b. (i) Whenever an altered motor vehicle commonly referred to as a

"stretch limousine" has failed an inspection and been placed

out-of-service, the commissioner may direct a police officer or agent of

such commissioner to immediately secure possession of the number plates

of such vehicle and return the same to the commissioner of motor

vehicles. The commissioner shall notify the commissioner of motor

vehicles to that effect, and the commissioner of motor vehicles shall

thereupon suspend the registration of such vehicle until such time as

the commissioner gives notice that the out-of-service defect has been

satisfactorily adjusted. Provided, however, that the commissioner shall

give notice and an opportunity to be heard within not more than thirty

days of the suspension. Failure of the holder or of any person

possessing such plates to deliver to the commissioner or agent of such

commissioner who requests the same pursuant to this paragraph shall be a

misdemeanor. The commissioner of motor vehicles shall have the authority

to deny a registration or renewal application to any other person for

the same vehicle where it has been determined that such registrant's

intent has been to evade the purposes of this paragraph and where the

commissioner of motor vehicles has reasonable grounds to believe that

such registration or renewal will have the effect of defeating the

purposes of this paragraph. The procedure on any such suspension shall

be the same as in the case of a suspension under the vehicle and traffic

law.

(i-a) No person, corporation, limited liability company or business

entity, joint stock association, partnership, or any officer or agent

thereof, shall operate or knowingly allow, require, permit or authorize

any person to operate a motor vehicle while under suspension as provided

in subparagraph (i) of this paragraph. A violation of this subparagraph

shall constitute a class A misdemeanor punishable by a fine of not less

than five thousand dollars nor more than twenty-five thousand dollars in

addition to any other penalties provided by law.

(ii) (a) Upon the seizure of number plates pursuant to subparagraph

(i) of this paragraph, if the out-of-service defect is of a type where

pursuant to the commissioner's regulations no inspection certificate

will be issued until the defect is repaired and a re-inspection is

conducted, or is related to its horn, and the commissioner determines

that allowing the altered motor vehicle to leave the inspection area

would be contrary to public safety, the commissioner may: (A) remove or

arrange for the removal of, or may direct any police officer to remove

or arrange for the removal of, the altered motor vehicle to a non-public

garage or other place of safety where it shall remain impounded, subject

to the provisions of this section; or (B) immobilize or arrange for the

immobilization of the altered motor vehicle on premises owned or under

the control of the owner of such altered motor vehicle, subject to the

provisions of this section. The altered motor vehicle shall be entered

into the New York statewide police information network as an impounded

or immobilized vehicle and the commissioner shall promptly notify the

owner that the altered motor vehicle has been impounded or immobilized

and the reason or reasons for such impoundment or immobilization, and

give such owner an opportunity to be heard within not more than thirty

days of the suspension imposed pursuant to subparagraph (i) of this

paragraph.

(b) A motor vehicle so impounded or immobilized shall be in the

custody of the commissioner and shall not be released unless the

commissioner is satisfied that repairs have been scheduled or been made

to satisfactorily adjust such vehicle's out-of-service defect or defects

and such vehicle has been re-inspected.

(c) The commissioner shall provide written notice to the owner or

operator of the service repair shop or impoundment lot informing them

that such impounded vehicle shall not be released without the written

approval of the commissioner. Release of such impounded vehicle without

approval by the commissioner shall be punishable by a fine of up to ten

thousand dollars;

10. For purposes of this section, the terms "employee" and "employer"

shall have the same meanings as such terms are defined by section 390.5

of title 49 of the code of federal regulations, as such regulations are

amended from time to time.