Section 20-383. Suspensions and revocations  


Latest version.
  • a. After notice and opportunity
      to be heard, the commissioner may suspend or revoke any sight-seeing bus
      license where the holder has failed to comply  with  any  provisions  of
      this  subchapter  or  of  the  rules promulgated thereunder, or with any
      other laws or rules governing sight-seeing buses, or which  sight-seeing
      bus  is otherwise found to be unfit for operation. Such suspension shall
      remain in effect until compliance and fitness have been  established  by
      the  licensee  and accepted by the department. Grounds for suspension or
      revocation shall include, but not be  limited  to,  installation  of  an
      engine  which does not meet the requirements of subdivision b of section
      20-376 of this subchapter, being found to have violated the requirements
      for diesel fuel-powered sight-seeing buses contained in section 24-163.6
      of the administrative code, failure to  submit  a  bus  for  inspection,
      installation  of an engine not covered by a certificate of conformity in
      a vehicle which was originally manufactured  with  such  an  engine  and
      installation  of  an  engine  of  any  model  year preceding the year of
      manufacture in a vehicle  which  was  originally  manufactured  with  an
      engine covered by a certificate of conformity.
        b.  Any driver of a horse drawn cab found to have committed within any
      twelve-month period, in the aggregate, at least three violations of this
      subchapter shall have his or her license suspended by  the  commissioner
      for  a  period  of  not  less  than  three  months. For purposes of this
      subdivision, all violations written on any one day  shall  constitute  a
      single violation.
        c.  Notwithstanding  the  provisions of subdivision b of this section,
      any driver of a horse drawn cab  found  to  have  committed  within  any
      twenty-four  month period, in the aggregate, at least five violations of
      this  subchapter  shall  have  his  or  her  license  suspended  by  the
      commissioner  for  six  months.  For  purposes  of this subdivision, all
      violations written on any one day shall constitute a single violation.
        d. Notwithstanding the provisions of subdivisions  b  and  c  of  this
      section,  any  driver of a horse drawn cab found guilty of one violation
      of subdivision d of section 20-381.1  of  the  code  or  sections  three
      hundred  fifty-one,  three hundred fifty-three, three hundred fifty-five
      through three hundred sixty-two or three hundred sixty-nine of  the  New
      York  state  agriculture  and  markets  law  or who is found guilty of a
      violation of this subchapter while his  or  her  license  is  suspended,
      shall  have  his or her license revoked. A driver whose license has been
      revoked in accordance with this  provision  may  not  apply  for  a  new
      license for five years from the date of revocation.