N.Y.
Transportation Law Section 138
General powers of commissioner
1.
To regulate motor carriers by establishing reasonable requirements with respect to continuous and adequate service, and by establishing reasonable requirements with respect to uniform systems of accounts, records, reports, preservation of records and safety of operation and equipment.2.
To administer, execute and enforce all provisions of this chapter; to make all necessary orders in connection therewith; to prescribe rules, regulations and procedures for such administration; to issue certificates and permits to motor carriers and to attach to any such certificate or permit issued, either at time of issuance or at any time thereafter, any reasonable terms, conditions and limitations as shall be consistent with the public interest.3.
To investigate all motor carriers and keep informed as to the manner in which their property is operated, not only with respect to the adequacy, security, safety and accommodation afforded by their service but also with respect to their compliance with all provisions of law, regulations and orders of the commissioner and to issue such orders in connection therewith as may be required in the public interest.4.
To compel by subpoena duces tecum the production of any accounts, books, contracts, records, documents, memoranda and papers.5.
To subpoena witnesses, take testimony and administer oaths to witnesses in any proceeding or examination instituted or conducted in reference to any matter under this chapter.6.
To establish reasonable classifications or groups of carriers included in the term motor carrier as the special nature of the services performed by such motor carriers or groups of motor carriers shall require and to establish reasonable rules, regulations and requirements to be observed by the motor carriers so classified or grouped.7.
To investigate the cause of all accidents resulting in loss of life or injury to persons or property, which in the commissioner’s judgment shall require investigation.8.
Except as provided in sections one hundred fifty-three and one hundred fifty-four of this chapter, to fix and approve the route or routes of any bus line, except bus lines operating wholly within any city having jurisdiction pursuant to subdivision four of § 80 (Jurisdiction of commissioner)section eighty of this chapter, and from time to time either upon application of the bus company, or upon complaint, or upon the commissioner’s own initiative and without complaint, but upon reasonable notice, to modify and amend the route or routes of any such bus company. No such bus company shall operate a bus line or bus lines upon any highway, avenue or street in the state except along a route as fixed and approved by the commissioner, except that in case of street repairs, parades or other temporary obstruction of the highway, the bus company may use during the period of such emergency, another route as close as practicable to the original route. The use of such alternate route during the period of such emergency shall be lawful unless otherwise ordered by the commissioner. Notice of a proposed change in route or routes shall be given to each county and each city, town or village into or through which a proposed route is to pass.9.
To maintain and annually update its website to provide information with regard to each bus operator or motor carrier under subparagraphs (ii) and (vi) of paragraph a of subdivision two of § 140 (Safety requirements)section one hundred forty of this article requiring department operating authority that includes the bus operator’s or motor carrier’s name, number of inspections, number of out of service orders, operator identification number, location and region of operation including place of address, percentile to which an operator or motor carrier falls with respect to out of service defects, the number or percentage of out of service defects where pursuant to the commissioner’s regulations no inspection certificate shall be issued until the defect is repaired and a re-inspection is conducted, and the number of serious physical injury or fatal crashes involving a for-hire vehicle requiring operating authority pursuant to this article.10.
(a) In consultation and cooperation with the commissioner of motor vehicles, to establish, maintain, monitor, and publicize a toll-free hotline operated and maintained by the department of motor vehicles through which any person may report safety issues with altered motor vehicles commonly referred to as “stretch limousines” having a seating capacity of nine or more passengers, including the driver, used in the business of transporting passengers for compensation. Upon the establishment of such toll-free hotline, the commissioner and the commissioner of motor vehicles shall require every such altered motor vehicle registered in this state to have posted therein a notice providing the department of transportation’s safe limo New York website address and toll-free hotline number, in a form and manner approved by the commissioner of motor vehicles. Such notice shall be posted in a manner legible and conspicuous to passengers in all seating positions of such altered motor vehicles. For the purposes of this subdivision, the term “safety issues” shall include, but not be limited to, the operational condition and functioning of such altered motor vehicle, motor vehicle safety equipment availability and condition, altered motor vehicle inspection and registration, issues related to certificates or permits issued to such altered motor vehicles for the transportation of passengers by the United States department of transportation or the commissioner, and alleged violations of article nineteen, article nineteen-A, or title VII of the vehicle and traffic law by a person during his or her operation of such an altered motor vehicle.(b)
(i) The commissioner may investigate reports received through such website, and toll-free hotline related to the provisions of this article or article seven of this chapter and, where the commissioner has verified such information, may consider such verified information in the enforcement of such articles, and in setting priorities for enforcement activities.(ii)
The commissioner of motor vehicles may investigate reports received by such website, and toll-free hotline related to the provisions of article five, section three hundred eighty-three, article fourteen, article nineteen, article nineteen-A, and title VII of the vehicle and traffic law and, where substantiated by such commissioner, may consider such substantiated information in the enforcement of articles five, fourteen, and nineteen-A and section three hundred eighty-three of such law, and in setting priorities for enforcement activities.(iii)
In consultation and cooperation with the commissioner of motor vehicles, the commissioner shall report on safety issues reported to such website, and toll-free hotline and related investigations summarizing (A) the total number of safety issue reports received and the type of safety issues reported; (B) the total number of safety issue reports received and the type of safety issues reported where the commissioner or the commissioner of motor vehicles, as applicable, verified the information provided; (C) enforcement actions and other responses taken by the commissioner or the commissioner of motor vehicles, as applicable, to safety issue reports received where the commissioner or the commissioner of motor vehicles, as applicable, has verified such information; and (D) the length of time between the receipt of safety issue reports from such website, or hotline and enforcement action or other response by the commissioner or the commissioner of motor vehicles, as applicable. Such report shall be made publicly available on the department’s website in a searchable format, and shall be published no less than once annually. Such report may also be included within the department’s annual report submitted pursuant to subdivision thirteen of § 14 (General functions, powers and duties of department)section fourteen of this chapter.
Source:
Section 138 — General powers of commissioner, https://www.nysenate.gov/legislation/laws/TRA/138 (updated Feb. 5, 2021; accessed Apr. 27, 2024).
