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.
STATE OF NEW YORK
________________________________________________________________________
6989
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. GRAY -- read once and referred to the Committee
on Transportation
AN ACT to amend the transportation law, in relation to establishing
mandatory safety compliance requirements for companies contracting
with motor carriers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "motor carrier safety compliance requirement act."
3 § 2. Legislative intent and purpose. It is the intent of the legisla-
4 ture to enhance the safety of transportation services in New York state
5 by requiring companies contracting with motor carriers to verify compli-
6 ance with safety regulations, maintain proper oversight, and ensure
7 adherence to established safety practices.
8 § 3. The transportation law is amended by adding a new section 160 to
9 read as follows:
10 § 160. Safety compliance requirements. 1. For the purposes of this
11 section: (a) "contracting company" means any contract or common carrier
12 of passengers or property by motor vehicle, as defined by section two of
13 this chapter.
14 (b) "Federal Motor Carrier Safety Administration (FMCSA)" means the
15 federal agency responsible for regulating and ensuring the safety of
16 motor carriers operating in the United States.
17 2. (a) Companies engaging motor carriers for transportation services
18 shall conduct a thorough vetting process to ensure the motor carrier:
19 (i) Possesses a valid safety rating from the FMCSA; and
20 (ii) Complies with all applicable federal and state safety regu-
21 lations.
22 (b) The vetting process shall include an assessment of the motor
23 carrier's:
24 (i) Safety management controls;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08746-01-5
A. 6989 2
1 (ii) Driver monitoring systems (DMS); and
2 (iii) Fatigue management programs.
3 3. (a) Motor carriers shall provide prospective contracting companies
4 with documentation of their safety policies and procedures, including
5 but not limited to:
6 (i) Driver monitoring systems; and
7 (ii) Fatigue management policies and practices.
8 (b) Documentation shall include:
9 (i) Records of compliance with FMCSA regulations; and
10 (ii) Records of corrective actions taken to address any safety defi-
11 ciencies.
12 4. Motor carriers shall submit an annual report to each contracting
13 company, including the following:
14 (a) Safety ratings from the FMCSA;
15 (b) Records of incidents, crashes, and interventions implemented to
16 improve safety; and
17 (c) An updated overview of the motor carrier's driver monitoring
18 systems and any changes or improvements made within the reporting peri-
19 od.
20 5. (a) Companies that fail to conduct the required vetting or knowing-
21 ly engage non-compliant motor carriers may be held liable for damages
22 resulting from accidents or incidents caused by the motor carrier's
23 unsafe practices.
24 (b) The department may establish penalties for contracting companies
25 that fail to adhere to the vetting and reporting requirements, which may
26 include fines, suspension of operating privileges, or other appropriate
27 measures.
28 6. The department, in collaboration with industry stakeholders, shall
29 develop and provide resources and training materials to assist companies
30 in understanding the importance of motor carrier safety compliance and
31 the vetting process required by this section.
32 § 4. This act shall take effect on the ninetieth day after it shall
33 have become a law. Effective immediately, the addition, amendment and/or
34 repeal of any rule or regulation necessary for the implementation of
35 this act on its effective date are authorized to be made and completed
36 on or before such effective date.
