What's happening
This bill increases civil penalties on motor carriers for failing to report certain violations or offenses by bus drivers, especially those involving chemical test refusals, prior convictions, or incidents causing injury or death.
Why it matters
Targets bus companies that fail to report serious violations by their drivers. The bill specifically increases penalties on motor carriers who do not notify authorities about drivers with prior convictions for DUI, chemical test refusals, dangerous driving, or felonies involving vehicles, signaling a focus on preventing repeat offenders from slipping through the system.
Escalates penalties when non-reporting leads to injury or death. If a bus driver with a concerning record causes harm and the carrier failed to report their violations, the fines are substantially higher, underscoring the importance of proactive reporting for public safety.
Creates a strong financial incentive for compliance. By raising the minimum and maximum fines for first and repeat offenses (especially in cases of injury or death), the bill aims to push bus companies to rigorously vet and monitor their drivers, potentially reducing risk on the roads.
Establishes clear consequences for continued violations. The law allows for suspension or revocation of a company’s vehicle registrations if penalties go unpaid, adding another layer of accountability and making it harder for non-compliant carriers to continue operating.
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Who cares
Headline styles
Increase Fines for Bus Violations
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 40
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Bus Carrier Penalties
In Assembly Committee · Transportation · Sponsor Timothy M. Kennedy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2039
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. KIM -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to civil penalties imposed upon motor carriers for failure to comply with provisions relating to bus drivers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (e) of section 509-j of the vehicle and traffic law, as amended by chapter 424 of the laws of 2000, is amended to read as follows:
(e) The commissioner or any person deputized by 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 article or regulations promulgated [therein] pursuant thereto, or has made any false statement or misrepresentation on any affidavit of compliance filed with the commissioner or with respect to violations of paragraphs (i) and (ii) of subdivision one, paragraphs (a) and (b) of subdivision two, and subdivisions three, four and five of section five hundred nine-d, section five hundred nine-g, section five hundred nine-h and subdivision two of section five hundred nine-l of this article the commissioner may in lieu of or in addition to a civil penalty suspend all of a motor carrier's registrations.
(1) 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 representation 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 representation found to have been made or committed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03973-01-9
A. 2039 2
(2) Any penalty assessed for a first violation by a motor carrier for failure to notify the commissioner as required under section five hundred nine-d of this article and the bus driver has previously been found to have refused a chemical test pursuant to section eleven hundred ninety-four of this chapter or has a prior conviction of any of the following offenses: any violation of section eleven hundred ninety-two of this chapter, any violation of subdivision one or two of section six hundred of this chapter, any violation of section twelve hundred twelve of this chapter, or any felony involving the use of a motor vehicle, shall not be less than one thousand dollars nor greater than five thousand dollars for each violation, 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 one thousand dollars nor greater than ten thousand dollars for each violation.
(3) Any penalty assessed for a first violation by a motor carrier for failure to notify the commissioner as required under section five hundred nine-d of this article where the bus driver has previously been found to have refused a chemical test pursuant to section eleven hundred ninety-four of this chapter or has a prior conviction of any of the following offenses: any violation of section eleven hundred ninety-two of this chapter, any violation of subdivision one or two of section six hundred of this chapter, any violation of section twelve hundred twelve of this chapter, or any felony involving the use of a motor vehicle, and such bus driver causes personal injury or death to another person due to an incident involving the motor vehicle operated by such person, shall not be less than one thousand five hundred dollars nor greater than seven thousand five hundred dollars for each violation, 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 one thousand five hundred dollars nor greater than fifteen thousand dollars for each violation.
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 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 state treasury, and unpaid civil penalties may be recovered by the commissioner in a civil action in the name of the commissioner.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.