2010 New York Code
TRA - Transportation
Article 3 - (80 - 94) JURISDICTION OF COMMISSIONER; PROCEEDINGS BEFORE COMMISSIONER; RECOVERY OF PENALTIES; COURT PREFERENCES; FEES
80 - Jurisdiction of commissioner.

§ 80. Jurisdiction  of commissioner. 1. The jurisdiction, supervision,
  powers and duties of the commissioner under this chapter shall extend to
  common carriers, common and contract carriers  of  passengers  by  motor
  vehicle,  and common and contract carriers of property by motor vehicle,
  and  to  the  persons  owning,  leasing  or  operating  the  same.  Such
  jurisdiction  does  not  extend  however  to any public authority or any
  subsidiary  thereof  exercising  any  power  granted  under  the  public
  authorities law.
    2.  A  person  or persons owning or holding a majority of the stock of
  any common carrier specified in subdivision  one  of  this  section  and
  subject  to the jurisdiction of the commissioner shall be subject to the
  supervision of the commissioner in respect of the relations between such
  common carrier and such owners or holders of a  majority  of  the  stock
  thereof  insofar  as  such  relations  arise  from  or by reason of such
  ownership or holding of stock thereof or the receipt or holding  of  any
  money  or  property thereof or from or by reason of any contract between
  them; and in respect of such relations shall in like manner and  to  the
  same  extent  as  such  common  carrier  be  subject  to  examination of
  accounts, records and memoranda  and  shall  furnish  such  reports  and
  information  as  the  commissioner  shall  from  time to time direct and
  require and shall be subject to like penalties for default therein.
    3. Corporations formed to acquire property  or  to  transact  business
  which   would  be  subject  to  the  provisions  of  this  chapter,  and
  corporations and other persons possessing  franchises  for  any  of  the
  purposes  contemplated by this chapter, shall be deemed to be subject to
  the provisions of this  chapter  although  no  property  may  have  been
  acquired, business transacted or franchises exercised.
    4.  Notwithstanding any other provision of law, the commissioner shall
  not have jurisdiction over the regulation of  any  bus  line  operations
  that  are  wholly  within  the boundaries of any city when such city has
  adopted an ordinance, local law or charter to regulate or franchise  bus
  line  operations,  except  that the commissioner shall have jurisdiction
  with respect to safety of operation of motor vehicles and self-insurance
  requirements of such bus lines. The commissioner  shall,  however,  have
  exclusive  jurisdiction  over  the  regulation  of  common  carriers  of
  passengers by motor vehicle that provide  operations  on  a  prearranged
  basis  over  non-specified  or irregular routes within a city, except as
  provided in subdivision five of this section or as otherwise provided in
  this  chapter.  It  is  further  provided,  however,   that   once   the
  commissioner  issues  a  certificate  to a motor carrier to operate as a
  common carrier of passengers by motor vehicle, such motor carrier  shall
  be  under the exclusive jurisdiction of the commissioner with respect to
  the service performed under such  certificate,  except  as  provided  in
  subdivision five of this section.
    5. a. (1) Notwithstanding any other provision of law, in any city with
  a  population  of  over  one  million,  the  commissioner shall not have
  jurisdiction over the regulation of any  van  service  or  other  common
  carrier  of  passengers  by motor vehicle covered under article seven of
  this chapter when such van service  or  other  such  common  carrier  is
  operated wholly within the boundaries of such city or is operated partly
  within  such  city  if the partial operation consists of the pick up and
  discharge of passengers wholly within such  city,  when  such  city  has
  adopted an ordinance, local law or charter to regulate or franchise such
  operations;   provided,   however,  that  the  commissioner  shall  have
  exclusive jurisdiction with respect to the safety of operation of  motor
  vehicles  operated  as  van  services  or  other such common carriers of
  passengers,  except  that  concurrent  jurisdiction  with   respect   to
  enforcement  of  such  safety  standards  may be transferred pursuant to

agreement between the department and such  city;  and  provided  further
  that  the commissioner shall have exclusive jurisdiction with respect to
  van services and other such common carriers that are  designed  for  the
  transport  of  transportation  disabled  persons  as  defined in section
  fifteen-b of this chapter, except that such city shall continue to  have
  jurisdiction  over  the  licensure  of  wheelchair  accessible  vans and
  drivers of such vans as provided in chapter five of  title  nineteen  of
  the  administrative  code  of the city of New York; and provided further
  that the commissioner shall have exclusive jurisdiction with respect  to
  the  operations  of  motor vehicles as van services or other such common
  carriers of passengers covered under article seven of this chapter to or
  from an airport in such city when such van services or other such common
  carriers of passengers have been issued a permit by the  port  authority
  of  New  York  and  New  Jersey to operate at an airport in such city or
  apply for such permit and within a reasonable period of time are  issued
  such  permit  by  such authority. Such local law or ordinance shall: (i)
  designate a city agency which will assume the regulatory responsibility,
  (ii) contain regulations for the  issuance  of  operating  authority  in
  accordance with criteria to be established pursuant to such local law or
  ordinance,  which  criteria  shall  include  but  not  be limited to the
  fitness, willingness  and  ability  of  the  applicant  to  provide  the
  transportation  to  be  authorized by the certificate and to comply with
  the local law or ordinance, and consideration of the present  or  future
  public  convenience  and  necessity,  and  prohibit the operation of any
  vehicle as a van service or other  such  common  carrier  of  passengers
  without  such  operating authority or without complying with regulations
  promulgated by the commissioner regarding safety  of  operations,  (iii)
  make  provisions  for  the  continuation  of operating authority for van
  services  and  other  such  common  carriers  of  passengers  previously
  approved  by  the department which are in compliance with such operating
  authority  through  the  conversion  of  such  operating  authority   to
  operating  authority  issued  by the city agency designated by the local
  law or ordinance adopted  pursuant  to  this  subdivision,  pursuant  to
  agreement  between  the department and such city, provided that all such
  van services and common carriers shall comply with  such  local  law  or
  ordinance  within  one  year  of the effective date of such local law or
  ordinance, (iv) contain adequate regulatory and enforcement  mechanisms,
  (v)  provide  that  such  city agency shall, after consultation with the
  department,  render  a  final  administrative   determination   on   any
  application for the issuance of a permit, certificate or other operating
  authority  within  one hundred eighty days after a completed application
  is filed, provided  that  the  failure  to  approve  or  disapprove  any
  completed  application  by  such  agency  within one hundred eighty days
  shall be deemed a disapproval of said application, and (vi) provide  for
  the  imposition  of a fee for such operating authority not to exceed the
  amount of the license fee  for  for-hire  vehicles  established  by  the
  commissioner  of  the  agency  having jurisdiction over the licensing of
  for-hire vehicles in accordance with subdivision b of section 19-504  of
  the administrative code of the city of New York, as amended.
    (2)  Such local law or ordinance shall prohibit a van service or other
  such common carrier of passengers, other than  van  services  and  other
  such   common   carriers   that   are  designed  for  the  transport  of
  transportation disabled persons as defined in section fifteen-b of  this
  chapter  and  may  lawfully  engage  in such transportation or under the
  exclusive jurisdiction of the commissioner, from soliciting, picking  up
  or  discharging  passengers  at  stops  of,  or  along  a route which is
  traveled upon by, a bus line which is operated by a transit authority or
  such city or a private bus company approved  by  such  city  to  operate

pursuant  to  a  local  law,  ordinance  or charter provision enacted in
  accordance with subdivision four of  this  section;  provided,  however,
  that  such  local  law  or ordinance shall provide that this prohibition
  shall not apply to the pick up or discharge of passengers in the borough
  of  Manhattan  south  of  Chambers  Street by van services or other such
  common carriers of passengers with authority from the department  as  of
  the  first  day  of  July,  nineteen  hundred  ninety-two  to pick up or
  discharge passengers along bus routes in  such  area,  provided  further
  that  the  scope  of  operations  by  such  van services or other common
  carriers of passengers along bus routes in such area  shall  not  exceed
  the  scope  of  such operations prior to the first day of July, nineteen
  hundred ninety-two.
    (3) Notwithstanding any provision of law to the contrary,  such  local
  law  or  ordinance  may provide for the administrative adjudication of a
  violation  of  such  local  law  or  ordinance  by  an  agency   or   an
  administrative  tribunal  of an agency heretofore authorized pursuant to
  the charter of such city to adjudicate violations of  local  law,  rules
  and  regulations  pertaining  to  for-hire  vehicles  as  if  it  were a
  violation relating to for-hire  vehicles  and  in  accordance  with  the
  provisions  of such charter pertaining to the adjudication of violations
  relating to for-hire vehicles. Such local law or ordinance  may  provide
  that  notices  of violation of such local law or ordinance may be served
  by any police officer, officer or employee designated by the city agency
  with regulatory responsibility, or authorized officers or  employees  of
  the  transit  authority  of  such  city, and shall be returnable to such
  agency or administrative tribunal. Such local  law  or  ordinance  shall
  provide  that the civil penalty imposed by such agency or administrative
  tribunal for a first violation relating to a van service or  other  such
  common  carrier  of  passengers  shall  not  be  more  than one thousand
  dollars, and for a second or subsequent violation within  two  years  of
  the  first violation shall not be more than twenty-five hundred dollars.
  Judgments based on  such  adjudications  may  be  entered  and  enforced
  without  court  proceedings  in  accordance  with the provisions of such
  charter pertaining to the enforcement of judgments relating to  for-hire
  vehicles.
    (4)  Such  local law or ordinance shall provide that where such agency
  or administrative tribunal finds an owner liable for operating a vehicle
  as a van service or other such  common  carrier  without  the  operating
  authority  required  by  such  local  law  or  ordinance, such agency or
  administrative tribunal may notify the commissioner of motor vehicles of
  such  finding  and  the  commissioner  shall   thereupon   suspend   the
  registration  of  such  vehicle  and  shall deny any application for the
  registration of such vehicle or any application for the renewal  thereof
  pursuant  to  subdivision  five-a  of  section  four  hundred one of the
  vehicle and traffic law until such time as such agency or administrative
  tribunal may give notice that the violation has been  corrected  to  its
  satisfaction.  The procedure on any such suspension shall be the same as
  in the case of a suspension under the vehicle and traffic law. Operation
  of any motor vehicle for which the registration has  been  suspended  as
  herein provided shall constitute a class A misdemeanor.
    (5)  Such  local  law  or  ordinance  may  provide for the seizure and
  forfeiture of vehicles that have been operated as a van service or other
  such common  carrier  of  passengers  without  the  operating  authority
  required  by  such  local  law  or  ordinance,  in  accordance  with the
  provisions of paragraphs b and c of this subdivision.
    b. (1) A local law or ordinance adopted pursuant  to  paragraph  a  of
  this  subdivision  may  provide  that  any  police officer or officer or
  employee designated by the city agency  with  regulatory  responsibility

may, upon service of a notice of violation upon the owner or operator of
  a  vehicle,  seize  a  vehicle  which  such police officer or authorized
  officer or employee has reasonable cause to believe is being operated as
  a van service or other such common carrier of passengers by or on behalf
  of  an  individual  or  entity  which  is  not  the  holder of operating
  authority to operate a van service  or  other  such  common  carrier  of
  passengers.  All  passengers  in  any seized vehicle shall be left in or
  transported to a location which is readily accessible to other means  of
  public  transportation.  Any  vehicle  seized pursuant to this paragraph
  shall be delivered into the custody of the city agency  with  regulatory
  responsibility  or  other  appropriate  agency  of  the city. Within one
  business day after the seizure, notice of such seizure and a copy of the
  notice of violation shall be mailed to the owner of such vehicle at  the
  address  for  such  owner  set  forth  in  the records maintained by the
  department of motor vehicles, or for vehicles not registered in New York
  state, such equivalent record in such state of registration.
    (2) A hearing to adjudicate the violation underlying the seizure shall
  be held before the agency or administrative tribunal designated by  such
  local  law  or  ordinance  to adjudicate violations of such local law or
  ordinance within five business days after  the  date  of  seizure.  Such
  agency  or  administrative tribunal shall within one business day of the
  conclusion of the hearing render  a  determination  as  to  whether  the
  vehicle  has  been  operated  by or on behalf of an individual or entity
  which is not the holder of operating authority to operate a van  service
  or  other  such common carrier of passengers. An owner shall be eligible
  to obtain release of such vehicle prior to such hearing  if  such  owner
  has  not  previously  been  found  liable  in an administrative or court
  proceeding for operating a vehicle as a van service or other such common
  carrier in violation of a local law or  ordinance  adopted  pursuant  to
  paragraph  a of this subdivision, which violation was committed within a
  five-year period prior  to  the  violation  resulting  in  seizure.  The
  vehicle  shall  be  released  to an eligible owner upon the posting of a
  bond in a form satisfactory to such agency or administrative tribunal in
  an amount that shall not  exceed  an  amount  sufficient  to  cover  the
  maximum  fines or civil penalties which may be imposed for the violation
  underlying the seizure and all reasonable costs for removal and  storage
  of such vehicle.
    (3) Where such agency or administrative tribunal after adjudication of
  the  violation  underlying  the  seizure finds that the vehicle has been
  operated by or on behalf of an individual or entity  which  is  not  the
  holder  of  operating  authority  to operate a van service or other such
  common carrier of passengers, (i) if  the  vehicle  is  not  subject  to
  forfeiture  pursuant  to paragraph c of this subdivision, such agency or
  administrative tribunal shall release such  vehicle  to  an  owner  upon
  payment  of  the applicable fines and civil penalties and all reasonable
  removal and storage  costs,  or  (ii)  if  the  vehicle  is  subject  to
  forfeiture  pursuant  to paragraph c of this subdivision, such agency or
  administrative tribunal may  release  such  vehicle  to  an  owner  upon
  payment  of  the applicable fines and civil penalties and all reasonable
  removal and storage costs, or may commence a forfeiture action  pursuant
  to  paragraph  c  of  this subdivision within ten days after the owner's
  written demand for such vehicle.
    (4) Where such agency or administrative tribunal after adjudication of
  the violation underlying the seizure finds that the charge of  operating
  without  the  required  operating  authority has not been sustained, the
  vehicle shall be released to the owner.
    (5) If an owner or representative of such  owner  has  not  sought  to
  reclaim  a seized vehicle within thirty days after the mailing of notice

to such  owner  of  the  final  adjudication  by  such  city  agency  or
  administrative  tribunal  of  the violation underlying the seizure, such
  vehicle shall be deemed by such agency or administrative tribunal to  be
  abandoned.  Such  vehicle  shall  be disposed of by the city agency with
  regulatory responsibility  or  other  appropriate  agency  of  the  city
  pursuant  to  section  twelve  hundred  twenty-four  of  the vehicle and
  traffic law; provided, however, that  notwithstanding  any  inconsistent
  provision of section twelve hundred twenty-four of such law, if an owner
  seeks  to  reclaim  such  vehicle  pursuant to the provisions of section
  twelve hundred twenty-four of such law, such owner shall  be  deemed  to
  have  made  a  written  demand  for  such  vehicle  and  such  agency or
  administrative tribunal shall take such action as may be  authorized  by
  subparagraph three or four of this paragraph.
    c.  (1)  In addition to the penalties, sanctions and remedies provided
  for in paragraphs a and b of this subdivision or  subdivisions  six  and
  seven  of  section  one  hundred  forty-five  of this chapter, a vehicle
  seized pursuant to paragraph b of this subdivision and all rights, title
  and interest therein shall be subject  to  forfeiture  to  the  city  in
  accordance with the procedures set forth in this paragraph upon judicial
  determination thereof if the owner of such vehicle has been found liable
  at  least  two  times  in  an  administrative  or  court  proceeding for
  violating a provision of a local law or ordinance  adopted  pursuant  to
  paragraph  a  of  this  subdivision  that  prohibits  the operation of a
  vehicle as a van service or other  such  common  carrier  of  passengers
  without the operating authority required by such local law or ordinance,
  both of which violations were committed within a five-year period.
    (2)  A forfeiture action which is commenced pursuant to this paragraph
  shall be commenced by filing of a summons with notice or a  summons  and
  complaint pursuant to the civil practice law and rules, and such summons
  with  notice  or  summons  and  complaint  shall  be  served pursuant to
  subparagraph three of this paragraph. A vehicle which is the subject  of
  such  action  shall  remain  in  the  custody  of  the  city agency with
  regulatory responsibility  or  other  appropriate  agency  of  the  city
  pending the final determination of the forfeiture action.
    (3)  Service of a summons with notice or a summons and complaint shall
  be made: (i) by personal service pursuant to the civil practice law  and
  rules upon all owners of the vehicle listed in the records maintained by
  the  department of motor vehicles, or for vehicles not registered in New
  York state, in the records maintained by the state of registration; (ii)
  by first class mail upon all individuals who  have  notified  such  city
  agency or administrative tribunal that they are an owner of the vehicle;
  and  (iii)  by  first  class  mail  upon  all persons holding a security
  interest in such vehicle which security interest has been filed with the
  department of motor vehicles pursuant to the provisions of title ten  of
  the  vehicle and traffic law, at the address set forth in the records of
  such department, or for vehicles not registered in New York  state,  all
  persons  holding  a  security  interest  in  such vehicle which security
  interest has been filed with such state of registration at  the  address
  provided by such state of registration.
    (4)  Any  owner who receives notice of the institution of a forfeiture
  action who claims an interest in the vehicle subject to forfeiture shall
  assert a claim for the recovery of the vehicle or  satisfaction  of  the
  owner's interest in such vehicle by intervening in the forfeiture action
  in  accordance  with the civil practice law and rules. Any person with a
  security interest in such vehicle who receives notice of the institution
  of the forfeiture action who claims an interest in such vehicle  subject
  to  forfeiture  shall  assert  a claim for satisfaction of such person's

security interest in such  vehicle  by  intervening  in  the  forfeiture
  action in accordance with the civil practice law and rules.
    (5)  No vehicle shall be forfeited under this paragraph, to the extent
  of the interest of a person who claims an interest in the vehicle, where
  such person pleads and proves as an affirmative defense  that:  (i)  the
  use  of  the  vehicle  for  the conduct that was the basis for a seizure
  authorized by a local law or ordinance adopted pursuant to  paragraph  a
  of this subdivision occurred without the knowledge of such person, or if
  such  person  had  knowledge  of  such  use, without the consent of such
  person, and that such person did not knowingly obtain such  interest  in
  the  vehicle  in  order to avoid the forfeiture of such vehicle; or (ii)
  the conduct that was the basis for such seizure  was  committed  by  any
  person other than such person claiming an interest in the vehicle, while
  such  vehicle  was unlawfully in the possession of a person who acquired
  possession thereof in violation of  the  criminal  laws  of  the  United
  States  or  any  state.  For  purposes  of this subparagraph, where such
  person claiming an interest in the vehicle had knowledge of the  use  of
  the  vehicle  for  the conduct that was the basis for such seizure, such
  person shall be deemed to have consented to the unlawful conduct  unless
  such  person  establishes  that  he or she did all that could reasonably
  have been done to prevent the use  of  the  vehicle  for  such  unlawful
  conduct.
    (6)  The  agency  of the city having custody of the forfeited vehicle,
  after judicial determination of forfeiture, shall,  at  its  discretion,
  either:  (i)  retain  such  vehicle for the official use of the city or,
  (ii) by public notice of at  least  twenty  days,  sell  such  forfeited
  vehicle  at public sale. The net proceeds of any such sale shall be paid
  into the general fund of such city.
    (7) At any time within six months after  the  forfeiture,  any  person
  claiming  an  interest in a vehicle which has been forfeited pursuant to
  this paragraph who was not  sent  notice  of  the  commencement  of  the
  forfeiture  action  pursuant  to subparagraph three of this paragraph or
  who did not otherwise receive actual notice of the forfeiture action may
  assert in an action commenced before the justice of  the  supreme  court
  before whom the forfeiture action was held such claim as could have been
  asserted in such forfeiture action pursuant to this paragraph. The court
  may  grant  the relief sought upon such terms and conditions as it deems
  reasonable and just if such person claiming an interest in  the  vehicle
  establishes  that  he  or she was not sent notice of the commencement of
  the forfeiture action and was without actual knowledge of the forfeiture
  action and establishes either of the affirmative defenses set  forth  in
  subparagraph five of this paragraph.
    (8)  In  any action commenced pursuant to subparagraph two or seven of
  this paragraph, where the court awards a sum of money  to  one  or  more
  persons  in  satisfaction  of  such  person's  or  persons'  interest or
  interests in the forfeited vehicle, the total amount awarded to  satisfy
  such  interest  or  interests  shall  not  exceed  the amount of the net
  proceeds of the sale of the forfeited vehicle, after  deduction  of  the
  lawful  expenses incurred by the city, including the reasonable costs of
  removal and storage of the vehicle between the time of seizure  and  the
  date of sale.
    (9) For purposes of this paragraph, the term "security interest" shall
  mean  a  security  interest  as  defined in subdivision k of section two
  thousand one hundred one of the vehicle and traffic law.
    d. For purposes of this subdivision, the term "owner"  shall  mean  an
  owner  as defined in section one hundred twenty-eight and in subdivision
  three of section three hundred eighty-eight of the vehicle  and  traffic
  law.

e. The provisions of this subdivision authorizing penalties, sanctions
  and  remedies  shall  not  be  construed  to supersede the provisions of
  subdivisions six and seven of section one  hundred  forty-five  of  this
  chapter  but  shall  be  construed  to  provide penalties, sanctions and
  remedies in addition to those provided in such subdivisions.
    f. Any city with a population of over one million which adopts a local
  law  or  ordinance  pursuant to this subdivision to regulate van service
  and other such common carrier operations shall, no later than two  years
  following  the  effective  date of such local law or ordinance, submit a
  report regarding the regulation of such  van  services  and  other  such
  common  carriers  to the governor, the temporary president of the senate
  and the speaker of the assembly. Such report shall, to the  extent  such
  information  is  available,  include  but  not  be  limited  to: (i) the
  estimated number of  individuals  and  entities  with  proper  operating
  authority  to  operate a van service and other such common carrier, both
  prior to the commencement of local regulation and  after  such  two-year
  period,  and  the  number  of  vehicles  operated by such individuals or
  entities; (ii) the estimated number of vehicles operated without  proper
  operating  authority, both prior to the commencement of local regulation
  and after such two-year period; (iii)  the  number  of  individuals  and
  entities  which had applied for operating authority during such two-year
  period; (iv) the number of applications which  had  been  denied  and  a
  breakdown  of the reasons for such denials; (v) the number of notices of
  violations or summonses issued to vehicles  pursuant  to  local  law  or
  ordinance   during   such  two-year  period,  and  a  breakdown  of  the
  dispositions of such violation notices or summonses; (vi) the number  of
  vehicles  seized pursuant to local law or ordinance during such two-year
  period, and a breakdown of the dispositions of such seizures; (vii)  the
  number  of  vehicles forfeited pursuant to local law or ordinance during
  such two-year  period;  (viii)  the  total  amount  of  fines  collected
  pursuant  to  such local law or ordinance; and (ix) a description of the
  manner in which service is being provided to  commuters  who  previously
  used  van  services  and  other  such  common  carriers  which  had been
  operating without proper operating authority.