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A06989 Summary:

BILL NOA06989
 
SAME ASSAME AS S08659
 
SPONSORGray
 
COSPNSRWalsh, Jensen, Morinello, DeStefano, McDonough
 
MLTSPNSR
 
Add §160, Transp L
 
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.
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A06989 Text:



 
                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.
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