Enacts the "motor carrier safety compliance requirement act"; requires companies contracting with motor carriers to verify compliance with safety regulations, maintain proper oversight, and ensure adherence to established safety practices.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6989
SPONSOR: Gray TITLE OF BILL:
An act to amend the transportation law, in relation to establishing
mandatory safety compliance requirements for companies contracting with
motor carriers
PURPOSE OR GENERAL IDEA OF BILL:
To enhance transportation safety within New York State by mandating that
companies engaging motor carriers verify compliance with federal and
state safety regulations, maintain proper oversight, and ensure adher-
ence to established safety practices.
SUMMARY OF PROVISIONS:
1. Section 1: Establishes the short title of the act as the "Motor
Carrier Safety Compliance Requirement Act."
2. Section 2: Declares the legislative Intent to enhance transportation
safety within New York State by instituting mandatory compliance verifi-
cation and oversight protocols for entities engaging motor carriers.
3. Section 3: Amends the transportation law by adding a new section 160,
which includes:
*Subdivision 1: Defines pertinent terms, including "contracting company"
and "Federal Motor Carrier Safety Administration (FMCSA)."
*Subdivision 2: Mandates that companies engaging motor carriers for
transportation services conduct comprehensive vetting processes to
ensure motor carriers possess valid FMCSA safety ratings and comply with
all applicable federal and state safety regulations.
*Subdivision 3: Requires motor carriers to provide prospective contract-
ing companies with documentation of their safety policies and proce-
dures, including driver monitoring systems and fatigue management poli-
cies.
*Subdivision 4: Obligates motor carriers to submit annual reports to
each contracting company, detailing FMCSA safety ratings, records of
incidents and crashes, interventions implemented to enhance safety, and
updates on driver monitoring systems.
*Subdivision 5: Stipulates that companies failing to conduct the requi-
site vetting or knowingly engaging non-compliant motor carriers may be
held liable for damages resulting from accidents or incidents caused by
the motor carrier's unsafe practices. Additionally, the department may
impose penalties on contracting companies that do not adhere to the
vetting and reporting requirements, which may include fines, suspension
of operating privileges, or other appropriate measures.
*Subdivision 6: Directs the department, in collaboration with industry
stakeholders, to develop and provide resources and training materials to
assist companies in comprehending the importance of motor carrier safety
compliance and the vetting process mandated by this section.
4. Section 4: Specifies that this act shall take effect on the ninetieth
day after It becomes law. It also authorizes the immediate addition,
amendment, and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date, to be completed on or
before such effective date.
JUSTIFICATION:
Ensuring the safety of transportation services is paramount for th'e
well-being of New York State residents and the integrity of commerce. By
requiring companies that contract with motor carriers to verify and
monitor compliance with established safety standards, this legislation
aims to reduce accidents, enhance public safety, and promote responsible
business practices within the transportation industry.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.
Effective immediately, the addition, amendment, and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective.date are authorized to be made and completed on or before such
effective date.
