2020 New York Laws
TRA - Transportation
Article 6 - Matters Relating to All Motor Carriers
138 - General Powers of Commissioner.

§ 138. General   powers   of   commissioner.  The  commissioner  or  a
designated employee shall  have  the  following  functions,  powers  and
duties:
  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 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 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 section fourteen of this chapter.
  * NB Effective February 3, 2021