N.Y. Vehicle & Traffic Law § 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

drivers; drugs and alcohol. 1. (a) All motor carriers shall be required

to conduct pre-employment and random drug and alcohol testing in

accordance with the provisions and requirements of Part 382 of Title 49

of the Code of Federal Regulations on all drivers of any for-hire

vehicle having a seating capacity of nine or more passengers, including

the driver, regardless of a commercial driver's license endorsement.

Every such driver shall be included in the random testing pool from

which drivers are randomly selected for testing, and every such driver

shall submit to such testing when selected, as required in Part 382 of

Title 49 of the Code of Federal Regulations.

(b) Drug testing administered pursuant to this subdivision shall, at a

minimum, be in conformance with drug testing procedures as set forth in

Part 382 of Title 49 of the Code of Federal Regulations.

2. No person shall:

(a) consume a drug, controlled substance or an intoxicating liquor,

regardless of its alcoholic content, or be under the influence of an

intoxicating liquor or drug, within eight hours before going on duty or

operating, or having physical control of a for-hire vehicle having a

seating capacity of nine or more passengers, including the driver; or

(b) consume a drug, controlled substance or an intoxicating liquor,

regardless of its alcoholic content while on duty, or operating, or in

physical control of a for-hire vehicle having a seating capacity of nine

or more passengers, including the driver; or

(c) possess a drug, controlled substance or an intoxicating liquor,

regardless of its alcoholic content, while on duty, operating or in

physical control of a for-hire vehicle having a seating capacity of nine

or more passengers, including the driver. However, this paragraph shall

not apply to possession of a drug, controlled substance or an

intoxicating liquor which is transported as part of a shipment or

personal effects of a passenger or to alcoholic beverages which are in

sealed containers.

3. No motor carrier shall require or permit a driver to:

(a) violate any provision of subdivision two of this section; or

(b) be on duty or operate a for-hire vehicle having a seating capacity

of nine or more passengers, including the driver, if by such person's

general appearance or by such person's conduct or by other

substantiating evidence, such person appears to have consumed a drug,

controlled substance or an intoxicating liquor within the preceding

eight hours before such driver operates such for-hire vehicle.

4. (a) Every motor carrier shall submit an affidavit to the

commissioner attesting to compliance with this section. Such affidavit

shall be submitted annually beginning no later than six months after the

effective date of this subdivision, in a manner prescribed by

regulations established by the commissioner.

(b) Where an affidavit is not submitted pursuant to this section, the

commissioner may, in his or her discretion, suspend the registration of

the for-hire vehicle or vehicles or deny registration or renewal to the

for-hire vehicle or vehicles owned or operated by the motor carrier.

Such suspension or denial shall only remain in effect as long as the

motor carrier fails to submit such affidavit.

(c) The commissioner may require any motor carrier to pay to the

people of this state a civil penalty, if after the motor carrier has had

an opportunity to be heard, the commissioner finds that the motor

carrier has violated any provision of this section or regulations

promulgated pursuant to this section, or has made any false statement or

misrepresentation on any affidavit of compliance filed with the

commissioner. Any civil penalty assessed for a first violation shall not

be less than five hundred dollars nor greater than two thousand five

hundred dollars for each violation, false statement or misrepresentation

found to have been made or committed, and for a second or subsequent

violation, not arising out of the same incident, all of which were

committed within a period of eighteen months, shall not be less than

five hundred dollars nor greater than five thousand dollars for each

violation, false statement or misrepresentation found to have been made

or committed. If the registrant fails to pay such penalty within twenty

days after the mailing of such order, postage prepaid, certified and

addressed to the last known place of business of such registrant, unless

such order is stayed by an order of a court of competent jurisdiction,

the commissioner may revoke the for-hire vehicle registrations or out of

state registration privilege of operation in the state of such motor

carrier or may suspend the same for such periods as the commissioner may

determine. Civil penalties assessed under this subdivision shall be paid

to the commissioner for deposit into the dedicated highway and bridge

trust fund established pursuant to section eighty-nine-b of the state

finance law after reimbursing the department for the actual costs of

public education activities undertaken by the department to implement

this section, and unpaid civil penalties may be recovered by the

commissioner in a civil action in the name of the commissioner.

(d) Upon the suspension of a vehicle registration pursuant to

paragraph (b) or (c) of this subdivision, the commissioner shall have

the authority to deny a registration or renewal application to any other

person for the same for-hire vehicle and may deny a registration or

renewal application for any other for-hire motor vehicle registered in

the name of the applicant where the commissioner has reasonable grounds

to believe that such registration or renewal will have the effect of

defeating the purposes of this section. Such suspension or denial shall

remain in effect only as long as the suspension entered pursuant to

paragraph (b) or (c) of this subdivision remains in effect.

5. For purposes of this section, the term "motor carrier" shall mean

any person, firm, corporation, association or entity which directs one

or more drivers of a for-hire vehicle or vehicles, having a seating

capacity of nine or more passengers, including the driver, and which

operates such for-hire vehicle or vehicles in the business of

transporting passengers for compensation, and the term "for-hire

vehicle" shall mean a taxicab or livery having a seating capacity of

nine or more passengers, including the driver, including an altered

motor vehicle commonly referred to as a "stretch limousine" having a

seating capacity of nine or more passengers, including the driver.