New York State Assembly

 
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A00712 Summary:

A00712 Actions:

A00712 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:01/14/2020AYE/NAY:24/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Aye
Perry
Aye
DiPietro
Aye
Lupardo
Aye
Byrne
Aye
Crespo
Excused
Miller
Aye
Thiele
Aye
Norris
Aye
Bronson
Aye
DeStefano
Aye
Steck
Aye
Walczyk
Aye
Simon
Aye
Hunter
Aye
Hyndman
Aye
Williams
Aye
Ryan
Aye
Wright
Aye
Fahy
Aye
Frontus
Aye
Jacobson
Aye
McMahon
Aye
Raynor
Aye
Darling
Aye

Committee:CODES   Chair:Lentol      
DATE:01/14/2020AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

A00712 Floor Votes:

A00712 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A712A
 
SPONSOR: Paulin

 
TITLE OF BILL:
 
An act to amend the vehicle and traffic law, in relation to drug and
alcohol testing for for-hire vehicle drivers
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To require that all drivers of any for-hire vehicle with a capacity of
transporting nine or more passengers, including the driver, are subject
to drug and alcohol testing.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section one amends the Vehicle and Traffic Law by adding a new section
507-a to require that all motor carriers conduct pre-employment and
random drug and alcohol testing on all drivers of any for-hire vehicle
with a capacity of transporting nine or more occupants, including the
driver. Drug testing must be in conformance with drug testing procedures
set forth in title 49, part 382 of the Code of Federal Regulations.
This section also would prohibit any person from consuming drugs or
alcohol within eight hours before going on duty, operating, or being in
physical control of a for-hire vehicle with a seating capacity of nine
or more passengers including the driver, and from consuming or possess-
ing such substances while on duty, operating, or in physical control of
such vehicle. Motor carriers would be prohibited from requiring or
permitting such drivers to be on duty or operate their vehicle if the
driver appears to have consumed drugs or alcohol within the preceding
eight hours before such driver operates their vehicle. The bill also
provides mechanisms for enforcement, and violations would be subject to
civil penalties of five hundred to twenty-five hundred dollars for a
first violation and five hundred to five thousand dollars for a second
violation within eighteen months.
 
Section two requires the Commissioner of Motor Vehicles to undertake a
public education campaign to alert motor carriers and drivers of the
testing requirements.
 
Section three provides the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Provides clarification of testing requirements and penalties, includes
enforcement provisions, provides for a public education campaign, and
modifies the effective date.
 
 
JUSTIFICATION:
 
This legislation would require drug and alcohol testing of all drivers
of for-hire vehicles with a capacity of transporting nine or more
passengers, including the driver. It will close the loophole that
currently exists under federal regulations, which only require drug and
alcohol testing of drivers of commercial motor vehicles which are either
a bus or which carry fifteen or more passengers not including the driv-
er, and will require that all such drivers be subject to random drug and
alcohol testing. Current regulations set the minimum annual percentage
rates of drivers that must submit to alcohol testing at ten percent of
the average number of drivers and, for controlled substances, at twen-
ty-five percent of the average number of drivers.
 
Drivers of for-hire vehicles with a capacity of transporting nine or
more passengers, including the driver, should be subject to drug and
alcohol testing, as are their peers who drive buses or commercial motor
vehicles carrying fifteen passengers or more. Passengers in these vehi-
cles deserve the same assurances as passengers riding in other vehicles
that their drivers are being monitored for drug and alcohol use. This
legislation will promote increased safety as well as accountability.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2018: A.11384, referred to Transportation.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
Undetermined.
 
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.