What's happening
This bill requires pre-employment and random drug and alcohol testing for for-hire vehicle drivers carrying ten or more people.
Why it matters
Expands federal-level drug and alcohol testing standards. by referencing Part 382 of Title 49 of the Code of Federal Regulations, the bill brings for-hire vehicle drivers (with 10+ occupants) under the same strict testing requirements as commercial drivers, regardless of whether they have a commercial driver’s license. This could close loopholes and ensure more consistent safety standards.
Increases employer responsibility and liability. motor carriers are not only required to test drivers but are also explicitly prohibited from allowing anyone who appears impaired or has recently consumed intoxicants to operate a for-hire vehicle. This raises the stakes for employers to actively monitor their drivers’ fitness and compliance.
Targets passenger safety in group transportation. by focusing on vehicles carrying larger groups, the bill aims to reduce the risk of accidents caused by impaired drivers in contexts like airport shuttles, church vans, or other group transport, potentially preventing high-casualty incidents.
May affect labor and operational costs. the mandatory inclusion of more drivers in random testing pools and the administrative burden of compliance could increase costs for transportation companies, potentially impacting fares, hiring practices, or business operations.
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Who cares
Headline styles
Test Drivers for Drugs
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- Referred to transportation
Companion bills
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.
Test Limo Drivers for Drugs
Senate Floor Calendar · Sponsor Jen Metzger
Test Drivers for Drugs, Alcohol
Signed by Governor · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3023
2019-2020 Regular Sessions
IN SENATE
January 31, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to drug and alcohol testing for for-hire vehicle drivers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The vehicle and traffic law is amended by adding a new section 502-b to read as follows:
§ 502-b. Special requirements for for-hire vehicle drivers; drugs and alcohol. 1. 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 with a capacity of transporting ten or more occupants, 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.
2. No motor carrier shall require or permit a driver to:
(a) violate any provision of subdivision one of section five hundred nine-l of this title; or
(b) be on duty or operate a for-hire vehicle with a capacity of transporting ten or more occupants, 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 substance within the preceding eight hours before such driver operates the for-hire vehicle.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the commissioner of motor vehicles may add, amend, or repeal any rule or regulation necessary to timely implement the provisions of this act on its effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01677-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to drug and alcohol testing for for-hire vehicle drivers
Purpose or general idea of bill
To require that all drivers of any for hire vehicle with a capacity of transporting ten or more occupants, including the driver, are subject to drug and alcohol testing.
Summary of specific provisions
Section amends the Vehicle and Traffic Law by adding a new section 502-b to require that all drivers of any for hire vehicle with a capacity of transporting ten or more occupants, including the driver, be subject to both pre-employment and random drug and alcohol testing. This section would also prohibit motor carriers from requiring or permitting such drivers to be on duty or operate their vehicle if the driver appears to have consumed drugs or alcohol within the preceding eight hours before such driver operates their vehicle.
Section two provides the effective date.
Justification
This legislation would require drug and alcohol testing of all drivers of for hire vehicles with a capacity of transporting ten or more occu- pants, including the driver. It will close the loophole that currently exists under federal regulations, which only require drug and alcohol testing of drivers of commercial vehicles carrying sixteen passengers or more. It will also expand upon the current federal regulations by requiring that all drivers be subject to random drug and alcohol test- ing. Current regulations set the minimum annual percentage rates of drivers that must submit to alcohol testing at ten percent of the aver- age number of drivers and at twenty-five percent of the average number of drivers for controlled substances.
Drivers of for hire vehicle with a capacity of transporting ten or more occupants, including the driver, should be subject to drug and alcohol testing as are their peers who drive vehicles carrying sixteen passen- gers or more. Passengers in these vehicles deserve the same assurances as passengers riding in other vehicles that their drivers are being monitored for drug and alcohol use. This legislation will promote increased safety as well as accountability.
Prior legislative history
2018: A.11384, referred to transportation.
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.