N.Y. Comp. Codes R. & Regs. tit. 15 § 6.22

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6.22 - Compliance required

(a) Every motor carrier or school district, its officers, agents, representatives, and employees responsible for the management, maintenance, operation or driving of motor vehicles, or the hiring, supervising, training, assigning or dispatching of drivers, shall be instructed in and comply with this Part.

(b) [Repealed].

(c) Every motor carrier shall submit an affidavit to the commissioner attesting to its compliance with this Part. Such affidavit shall be completed and submitted annually, no later than the first day of July each year to the BDU, New York State Department of Motor Vehicles, Empire State Plaza, Albany, NY 12228-0220.

(d) Notwithstanding any provision of any other article of the Vehicle and Traffic Law, where an affidavit is not submitted pursuant to this section, the commissioner may, at his or her discretion, suspend the registrations of all the vehicles owned and/or operated by the motor carrier, deny registration or renewal to all the vehicles owned or operated by the motor carrier and/or suspend the motor carrier's privilege of operation in this State. Such suspension or denial shall only remain in effect as long as the motor carrier fails to submit a properly executed affidavit and such is accepted as valid.

(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, as set forth in subdivision (e) of section 509-j of the Vehicle and Traffic Law, 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 Part or article 19-A of such law, or has made any false statement or misrepresentation on any affidavit of compliance filed with the commissioner. The commissioner may in lieu of or in addition to a civil penalty suspend all of a motor carrier's registrations. Any civil penalty assessed shall not be less than $500 nor more than $2,500 for each failure to comply with these regulations or for each false statement or misrepresentation found to have been made. A second or subsequent violation, not arising out of the same incident, all of which were committed within a period of 18 months, shall not be less than $500 nor greater than $5,000 for each violation, false statement or representation found to have been made or committed. If the registrant fails to pay such penalty within 20 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.

(f) As an alternative to civil action under subdivision (e) of this section 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 a final order of the commissioner containing the amount of the penalty assessed. The filing of such final order shall have the same force and effect as a judgment duly docketed in the office of a county clerk and may be enforced in the same manner and with the same effect as that provided by law.

(g) Every motor carrier shall submit written notification within 10 days, to the BDU when any change occurs in:

(1) the carrier's name (business, corporation ownership, non-corporate business ownership, e.g., dba, data, etc.), address, or Federal identification number;

(2) the names, addresses, and identification of all public and non-public school districts, political subdivisions, public and private elementary and secondary schools or a place of vocational, academic or religious instruction or service, including a nursery school, day care center, or camp for persons under the age of 21, or persons of any age who are mentally or physically disabled and any other parties with whom the carrier has newly acquired or terminated contract services including identification numbers issued by Federal and State agencies; and

(3) corporate ownership which results from the acquisition, sale, merger, or liquidation of any business enterprise which is defined as a motor carrier in accordance with section 6.2(e) of this Part.

(h) Nothing contained in this Part shall prevent the Department of Motor Vehicles from conducting, on its own initiative, any observation, examination, or review of any requirements of this Part in order to determine compliance therewith.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.22

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff.3/15/2017