What's happening
This bill increases civil penalties for motor carriers who fail to notify authorities about bus drivers with certain dangerous driving offenses.
Why it matters
Targets repeat or especially dangerous offenses by bus drivers. By specifying higher penalties for failures to notify authorities when a bus driver has prior serious offenses (such as DUI, chemical test refusal, or felonies involving a vehicle), the law seeks to deter motor carriers from overlooking or concealing risky driver histories.
Imposes steeper fines if a bus driver causes injury or death. The bill creates even more severe penalties for carriers that fail to report drivers with known dangerous histories who then cause personal injury or death, emphasizing the importance of proactive risk management and public safety.
Creates a tiered penalty structure to escalate consequences. By introducing different penalty amounts for first, second, and subsequent violations within an 18-month period, the law aims to discourage repeated noncompliance and incentivizes carriers to maintain strict oversight of their drivers’ records.
Heightens accountability for motor carriers. The changes reinforce the responsibility of bus companies to monitor and report their drivers' legal and safety status, with the potential for hefty fines and even suspension or revocation of vehicle registrations for ongoing violations.
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Who cares
Headline styles
Increase Bus Carrier Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Delivered to assembly
- Passed senateVote 61–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.496
- Referred to transportation
- Returned to senate
- Died in assembly
- Referred to transportation
- Delivered to assembly
- Passed senateVote 57–1
Show 3 earlier actions
- Ordered to third reading cal.678
- Reported and committed to rules
- 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 Fines for Bus Violations
In Assembly Committee · Transportation · Sponsor Ron Kim
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3557
2019-2020 Regular Sessions
IN SENATE
February 8, 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 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
S. 3557 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To increase penalties for bus companies that fail to notify the Depart- ment of Motor Vehicles when the bus company employs a driver with felony conviction related to use of a motor vehicle or a drink driving related conviction.
Summary of specific provisions
Section 1 of the bill increases civil penalties to not less than $1,000 and up to $5,000 for each violation involving a motor carrier that fails to notify the Department of Motor Vehicles when the motor carrier employs or terminates a person with a prior felony conviction involving the use of a motor vehicle, operating a motor vehicle under the influ- ence of drugs or alcohol, or a reckless driving violation. The civil penalty would increase to a maximum of $10,000 for each second or subse- quent violation within 18 months.
Next, if motor carrier failed to notify the DMV of the driver's prior conviction related to motor vehicle use, operating a motor vehicle under the influence of drugs or alcohol, or reckless driving, and such driver causes personal injury or death to another person involving the use of a motor vehicle, the penalty is increased to not less than $1,500 and not more than $7,500 for each violation. For a second or subsequent violation within 18 months, the fine is increased to a maximum of $15,000 for each violation.
Justification
On September 18, 2017, bus driver Raymond Mong, employed by charter bus company Dahlia, sped down a street in Flushing, Queens at nearly twice the speed limit, running a red light and crashing into a MTA bus. The crash killed two innocent people, in addition to Mr. Kong. Mr. Mong had previously been convicted of drunk driving in Connecticut while he was driving his car.
Under section 509-d of the Vehicle & Traffic law, a motor carrier is required to notify the DMV within 10 days when a bus driver commences employment, terminates employment or is disqualified from employment. A violation of this provision is subject to a civil penalty of not less than $500 and not greater than $2,500 under existing law for each violation. A second or subsequent violation within a 18 month period is subject to a minimum fine of $500 and maximum fine of $5,000.
In this instance with the Dahlia bus crash, the Dahlia motor company never notified the DMV that it employed Mr. Mang. This legislation seeks to increase penalties on bus carriers to serve as a deterrent effect, ensuring that the DMV has all statutorily required information on file for bus drivers employed by motor carriers. Doubling and tripling the fines for failure to notify the DMV will help ensure compliance with existing law and to make our streets safer.
Prior legislative history
New bill in Senate
Fiscal implications
None to the state.
Effective date
Thirty days after the bill shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.