Crack Down on Unsafe Limos

Section 1. The transportation law is amended by adding a new section 152-a to read as follows:

§ 152-a. Inspection of contract carriers of passengers by motor vehicle. 1. Any contract carrier of passengers by motor vehicle that fails a safety inspection pursuant to section three hundred one of the vehicle and traffic law shall make the necessary modifications to pass such safety inspection within ten days after such failed inspection.

2. The commissioner shall immobilize and remove the license plate of any vehicle that fails to meet the requirements of subdivision one of this section.

§ 2. The opening paragraph of subdivision (e) and subdivision (h) of section 303 of the vehicle and traffic law, the opening paragraph of subdivision (e) as amended by chapter 608 of the laws of 1993 and subdivision (h) as amended by section 1 of part OO of chapter 59 of the laws of 2009, are amended to read as follows:

A license to operate an official inspection station or a certificate to inspect vehicles [may] shall be suspended or revoked or renewal thereof may be refused by the commissioner or any person duly deputized for one or more of the following causes:

(h) The commissioner, or any person duly deputized, in addition to or in lieu of revoking or suspending a license to operate an official inspection station or a certificate to inspect vehicles, may by order require the licensee or certified inspector to pay to the people of this state a penalty for a first violation a sum not exceeding seven hundred and fifty dollars for each violation found to have been committed; [and]

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07835-01-9

A. 4782 2

for a second [or subsequent] violation not arising out of the same incident both of which were committed within a period of thirty months, a sum of not more than [one] three thousand dollars for each violation found to have been committed; and for a third violation not arising out of the same incident all of which were committed within a period of thirty months, a revocation of the license to operate an official inspection station or the certificate to inspect vehicles; provided, however, the penalty for each and any violation of paragraph three of subdivision (e) of this section found to have been committed shall be no less than three hundred and fifty dollars and no more than one thousand dollars, and upon the failure of such licensee to pay such penalty within twenty days after the mailing of such order, postage prepaid, registered or certified, and addressed to the last known place of business of such licensee or certified inspector, unless such order is stayed by a court of competent jurisdiction or in accordance with the provisions of [Article] article three-A of this chapter, the commissioner may revoke the license of such licensee or the certificate of such certified inspector or may suspend the same for such period as may be determined. 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. In addition, as an alternative to such civil action and provided that no proceeding for judicial review shall then be pending and the time for initiation of such proceeding shall have expired, the commissioner may file with the county clerk of the county in which the registrant is located or the certified inspector resides a final order of the commissioner containing the amount of the penalty assessed. The filing of such final order shall have the full force and effect of a judgment duly docketed in the office of such clerk and may be enforced in the same manner and with the same effect as that provided by law in respect to executions issued against property upon judgments of a court of record.

§ 3. This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.