N.Y. Transportation Law § 17-b: Public transportation safety plans; filing

§ 17-b. Public transportation safety plans; filing. 1.

Notwithstanding the provisions of subdivision eight of section twelve

hundred sixty-six and subdivision seven of section twelve hundred

ninety-nine-f of the public authorities law or of subdivision seventeen

of section one hundred forty-two of this chapter, every transportation

authority and every other public transportation operator or carrier

receiving mass transportation operating assistance pursuant to section

eighteen-b of this chapter either directly from the department of

transportation or through a county or municipality pursuant to said

section, shall prepare and publicize a plan for transportation safety,

including but not limited to equipment maintenance procedures, personnel

safety training programs, accident reporting systems, passenger safety

practices and the persons responsible for the implementation of such

practices and programs. Every authority and every other public

transportation operator or carrier required herein to file such a plan

shall review such plan biennially and amend such plan if amendments are

necessary.

2. A plan and any amendment thereto, prepared pursuant to the

provisions of this section shall be filed with the department at its

Albany office. The commissioner, in consultation with the state public

transportation safety board shall examine the plan and determine whether

the same is satisfactory and feasible. The plan shall be made available

to any and all persons, corporations, departments and agencies necessary

to enable timely review and solicitation of comments.

3. If within one hundred eighty days of receipt of notice of the

provisions of this section from the commissioner and every two years

thereafter, any transportation authority or system shall fail to file a

plan as required by this section or shall file a plan or amendment which

the commissioner determines in consultation with the state public

transportation safety board, is unsatisfactory and shall fail to file a

substitute plan or amendment within ninety days of the sending of notice

of such determination, the commissioner shall be authorized and

empowered to withhold from such authority or system payment of any and

all state moneys otherwise payable to such authority or system as

operating assistance pursuant to section eighteen-b of this chapter in

the next occurring quarter of the state fiscal year.

4. For purposes of this section the term transportation authority

shall be deemed to mean and include every public benefit corporation

constituting a transportation authority which provides or contracts for

the provision of mass transportation services or any subsidiary thereof.