BILL NUMBER: S5365
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to civil penal-
ties imposed upon motor carriers for failure to comply with provisions
relating to bus drivers
 
PURPOSE OR GENERAL IDEA OF BILL:
To increase penalties for bus companies that fail to notify the Depart-
ment of Motor Vehicles when the bus company employs a driver with felony
conviction related to use of a motor vehicle or a drink driving related
conviction.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill increases civil penalties to not less than $1,000
and up to $5,000 for each violation involving a motor carrier that fails
to notify the Department of Motor Vehicles when the motor carrier
employs or terminates a person with a prior felony conviction involving
the use of a motor vehicle, operating a motor vehicle under the influ-
ence of drugs or alcohol, or a reckless driving violation. The civil
penalty would increase to a maximum of $10,000 for each second or subse-
quent violation within 18 months.
Next, if motor carrier failed to notify the DMV of the driver's prior
conviction related to motor vehicle use, operating a motor vehicle under
the influence of drugs or alcohol, or reckless driving, and such driver
causes personal injury or death to another person involving the use of a
motor vehicle, the penalty is increased to not less than $1,500 and not
more than $7,500 for each violation. For a second or subsequent
violation within 18 months, the fine is increased to a maximum of
$15,000 for each violation.
 
JUSTIFICATION:
On September 18, 2017, bus driver Raymond Mong, employed by charter bus
company Dahlia, sped down a street in Flushing, Queens at nearly twice
the speed limit, running a red light and crashing into a MIA bus. The
crash killed two innocent people, in addition to Mr. Kong. Mr. Mong had
previously been convicted of drunk driving in Connecticut while he was
driving his car.
Under section 509-d of the Vehicle & Traffic law, a motor carrier is
required to notify the DMV within 10 days when a bus driver commences
employment, terminates employment or is disqualified from employment. A
violation of this provision is subject to a civil penalty of not less
than $500 and not greater than $2,t, under existing law for each
violation. 1 second or subsequent violation within a 18 month period is
subject to a n:nimum fine of $500 and maximum fine of $5,000.
In this instance with the Dahlia bus crash, the Dahlia motor company
never notified the DMV that it employed Mr. Mang. This legislation seeks
to increase penalties on bus carriers to serve as a deterrent effect,
ensuring that the DMV has all statutorily required information on file
for bus drivers employed by motor carriers. Doubling and tripling the
fines for failure to notify the DMV will help ensure compliance with
existing law and to make our streets safer.
 
PRIOR LEGISLATIVE HISTORY:
2019-20: S.3557 Passed Senate/A. 2039 Referred to Transportation
2021-22: S.2925: Passed Senate
2023-24: S1360: Passed Senate
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
Thirty days after the bill shall have become a law

Statutes affected:
S5365: 509-j vehicle and traffic law