Section 140. Safety requirements

1.  Every common and contract carrier of
  passenger by motor  vehicle  shall  furnish  and  provide  with  respect
  thereto  such  service and facilities as shall be safe and adequate. Any
  such carrier shall give immediate notice to the  commissioner  of  every
  accident to which it shall, in the course of its operations, have been a
  party.
    2.  a. Notwithstanding any other provision of law, general or special,
  the commissioner shall have the power to  adopt  rules  and  regulations
  governing the safety of operation of:
    (i)  All  motor  vehicles transporting passengers to and from schools,
  for hire, or owned and/or operated by school districts or any public  or
  private  school.  For the purpose of this subdivision, "school" shall be
  as defined in subdivision twenty-six of section  two  of  this  chapter,
  except  that  it  shall  not include schools and community residences as
  such terms are defined in section 1.03 of the mental hygiene law.
    (ii)  All  motor  vehicles  operated  pursuant  to  or   requiring   a
  certificate  or  permit for the transportation of passengers or property
  from the interstate commerce commission or the commissioner.
    (iii) All buses operated pursuant to or requiring regulatory authority
  from any city that has adopted an ordinance, local  law  or  charter  to
  regulate  or franchise bus line operations pursuant to section eighty of
  this chapter.
    (iv) All van services or other common carriers of passengers by  motor
  vehicle  covered under article seven of this chapter, which van services
  or other such common carriers of passengers are operated pursuant to  or
  requiring  regulatory  authority from any city with a population of over
  one million that has adopted an  ordinance  or  local  law  pursuant  to
  subdivision five of section eighty of this chapter.
    (v)  Notwithstanding  subparagraph  (i)  of  this paragraph, all motor
  vehicles transporting  passengers  under  the  age  of  twenty-one  from
  schools  and  community residences, as such terms are defined in section
  1.03 of the mental hygiene law, to school programs approved by the state
  education department.
    (vi) All double-decker vehicles designed to comfortably seat and carry
  eight or more passengers and providing transportation  for  compensation
  when that transportation is performed as a sightseeing service conducted
  pursuant  to  the  jurisdiction  or  regulatory control of a city with a
  population of one million or more when such service is performed  wholly
  within such city.
    b.  In  addition to those vehicles operated pursuant to or requiring a
  certificate or a permit for the  transportation  of  property  from  the
  interstate  commerce  commission  or  the  commissioner  as set forth in
  subparagraph (ii) of paragraph a of this subdivision,  the  commissioner
  shall have the power to adopt rules and regulations governing the safety
  of  operation  of  other  motor  vehicles  operated  for  the commercial
  transportation of property.
    c. The department shall have the power to examine vehicles, facilities
  and records subject to the provisions of this subdivision, at  any  time
  and  place  where  they  are  found, to ascertain whether such rules and
  regulations  are  being  obeyed.  The  rules  and  regulations  of   the
  commissioner  shall  provide  for the inspection of all such vehicles at
  such periods and at such manner as the  commissioner  may  direct,  and,
  when adopted, shall have the full force and effect of law.
    d.  In addition to the provisions of section one hundred forty-five of
  this article:
    (i) No motor vehicle operated pursuant to or requiring  a  certificate
  or  a  permit  for  the  transportation  of property from the interstate
  commerce commission or the commissioner and no  motor  vehicle  operated

  for  the commercial transportation of property shall be operated in this
  state unless it is in compliance with the department's safety rules  and
  regulations.
    (ii)   Any   person   who   operates,  or  any  corporation,  company,
  association, joint stock association, partnership, person or any officer
  or agent thereof, who shall require or permit any person to  operate,  a
  motor  vehicle  in  violation  of  the  department's  safety  rules  and
  regulations shall be guilty of a  traffic  infraction  and  all  of  the
  provisions   of  the  vehicle  and  traffic  law,  except  as  otherwise
  specifically provided herein, shall be applicable thereto.
    (iii) (a) Except as provided in subparagraph (iv) of  this  paragraph,
  any  person, corporation, company, association, joint stock association,
  partnership, person or any officer or agent  thereof,  found  guilty  of
  violating  any  of the department's safety rules or regulations shall be
  subject to a fine of not less than one hundred fifty  dollars  nor  more
  than  five  hundred  dollars for the first offense, and upon being found
  guilty of a second  or  subsequent  offense  committed  within  eighteen
  months by a fine of not less than five hundred dollars nor more than one
  thousand dollars, or by imprisonment for not more than thirty days or by
  both such fine and imprisonment.
    (b)   Any  person,  corporation,  company,  association,  joint  stock
  association, partnership, person or any officer or agent thereof,  found
  guilty  of violating any of the department's safety rules or regulations
  involving an out-of-service defect relating to brake  systems,  steering
  components  and/or  coupling  devices  shall be subject to a fine of not
  less than three hundred fifty dollars nor more than one thousand dollars
  for the first offense, and upon  being  found  guilty  of  a  second  or
  subsequent  offense  committed  within  eighteen months by a fine of not
  less than one thousand dollars nor more than two thousand  five  hundred
  dollars, or by imprisonment for not more than sixty days or by both such
  fine  and  imprisonment;  provided,  however,  that  if any such person,
  corporation, company, association, joint stock association, partnership,
  person or any officer or agent  thereof  is  operating  a  farm  vehicle
  registered  pursuant to subdivision thirteen of section four hundred one
  of the vehicle and traffic law in conformance with  the  terms  of  such
  registration,  and  if  the  violation  as  set  forth in the summons is
  corrected not later than one-half hour after sunset on  the  third  full
  business  day  after  the  issuance  of  the  summons  and proof of such
  correction as set forth  in  item  (b)  of  subparagraph  (iv)  of  this
  paragraph  is  submitted to the court, the penalty for a first violation
  involving brake systems shall be a fine of one  hundred  fifty  dollars,
  the  penalty  for a first violation involving steering components and/or
  coupling devices shall be a fine of one hundred dollars and the  penalty
  for a first violation involving any other out-of-service defect shall be
  a  fine  of  fifty  dollars.  A  motor  vehicle  shall  be  deemed to be
  out-of-service only until such time  as  the  applicable  out-of-service
  defect is repaired or adjusted.
    Any   person,   corporation,   company,   association,   joint   stock
  association, partnership, person or any officer or agent thereof,  found
  guilty  of violating any of the department's safety rules or regulations
  involving an out-of-service defect relating to load securement, shall be
  subject to a fine of not less than five hundred dollars  nor  more  than
  one  thousand  two hundred dollars for the first offense, and upon being
  found guilty of a second or subsequent offense committed within eighteen
  months by a fine of not less than one thousand dollars nor more than two
  thousand five hundred dollars, or by  imprisonment  for  not  more  than
  sixty  days  or  by  both such fine and imprisonment; provided, however,
  that if any such person, corporation, company, association, joint  stock

  association,  partnership,  person  or  any  officer or agent thereof is
  operating a farm vehicle registered pursuant to subdivision thirteen  of
  section  four  hundred one of the vehicle and traffic law in conformance
  with  the  terms  of  such  registration, the penalty for such violation
  shall be a fine of two hundred fifty dollars. A motor vehicle  shall  be
  deemed  to  be  out-of-service  only  until  such time as the applicable
  out-of-service defect is repaired or adjusted.
    (iv) (a) Any complaint issued for an equipment violation, except for a
  violation  involving  an  out-of-service   defect   relating   to   load
  securement,  brake  systems, steering components and/or coupling devices
  or except for a violation involving the operation of any  motor  vehicle
  after it has been placed out-of-service, shall be dismissed by the court
  before  such  summons is returnable if the violation as set forth in the
  summons is corrected not later than one-half hour after  sunset  on  the
  first  full  business  day, or if such complaint involves a farm vehicle
  registered pursuant to subdivision thirteen of section four hundred  one
  of  the  vehicle  and  traffic  law and operated in conformance with the
  terms of such registration, not later than one-half hour after sunset on
  the third full business day after the issuance of the summons and  proof
  of  such  correction  as  set  forth in item (b) of this subparagraph is
  submitted to the court. For the purposes of this subparagraph, "business
  day" shall mean  any  calendar  day  except  Sunday,  or  the  following
  business  holidays: New Year's Day, Washington's Birthday, Memorial Day,
  Independence Day, Labor Day, Columbus Day, Veterans'  Day,  Thanksgiving
  Day and Christmas Day.
    (b)  Acceptable  proof  of  repair  or  adjustment  shall  consist  of
  submission to the court on or before the return date of the  summons  of
  (I)  a  statement  of  correction  from  an  officially designated state
  inspection station duly executed by the person performing or making such
  inspection and bearing  the  official  stamp  of  the  state  inspection
  station,  (II)  a statement of correction from an automobile repair shop
  on the letterhead of such repair shop duly executed by  the  person  who
  made the correction or (III) a signed statement of any police officer or
  a  department  inspector  that the necessary corrections have been made.
  The statement required by this subparagraph shall  be  directed  to  the
  court having jurisdiction of the alleged violation, shall be affirmed as
  true  under  penalty  of perjury, and shall include the name, occupation
  and position of the person making the statement, the time and date  that
  the  repairs  or inspection were made and a statement that the defective
  equipment, cited in the violation, on the vehicle  in  question,  is  in
  proper working order.
    (v) (a) A driver who is convicted of violating an out-of-service order
  as  provided  for in the department's safety rules and regulations shall
  be guilty of a traffic infraction which shall be punishable by a fine of
  not less than two thousand five  hundred  dollars  nor  more  than  four
  thousand  dollars upon the first offense, and upon being found guilty of
  a second or subsequent offense within eighteen months by a fine  of  not
  less than five thousand dollars nor more than six thousand dollars.
    (b)  No  person,  corporation,  limited  liability company or business
  entity, joint stock association, partnership, or any  officer  or  agent
  thereof,  shall knowingly allow, require, permit or authorize any person
  to operate a commercial motor vehicle as defined by section five hundred
  one-a of the vehicle and traffic law during any  period  in  which  such
  person,  such  commercial motor vehicle, or such motor carrier operation
  has been placed out of service  as  provided  for  in  the  department's
  safety  rules and regulations and shall be subject to a fine of not less
  than two  thousand  seven  hundred  fifty  dollars  and  not  more  than
  twenty-five thousand dollars for any violation thereof.

    (c)  No  person,  corporation,  limited  liability company or business
  entity, joint stock association, partnership, or any  officer  or  agent
  thereof,  shall knowingly allow, require, permit or authorize any person
  to operate a commercial motor vehicle as defined in section five hundred
  one-a  of  the  vehicle  and  traffic law in violation of section eleven
  hundred seventy-one or eleven hundred seventy-six  of  the  vehicle  and
  traffic  law and, upon conviction thereof, shall be subject to a fine of
  not more than ten thousand dollars for any violation thereof.
    (vi) If any person, corporation,  company,  association,  joint  stock
  association,  partnership,  person or any officer or agent thereof, does
  not appear in response to an appearance ticket or the court's direction,
  or pay any fine imposed by the court or a civil penalty imposed pursuant
  to the provisions of section one hundred forty-five of this article, the
  commissioner of motor vehicles shall  have  the  power  to  suspend  the
  registration  or  privilege  of  operation  of  any  vehicle operated or
  alleged to have been operated in violation of  the  department's  safety
  rules and regulations.
    3.  No  motor vehicle carrying passengers, as described in subdivision
  two of this section, shall  be  operated  within  the  state  unless  it
  carries  prominently  displayed  thereon  the  name  of the operator and
  certificate evidencing an inspection in accordance with  the  rules  and
  regulations  of  the  commissioner  within  a  period of six months last
  preceding. The commissioner may, by order, rule  or  regulation,  exempt
  from  the  requirements  of  this  subdivision,  vehicles  which are not
  operated exclusively in transportation services for which inspection  is
  required,  provided that written evidence of the names otherwise subject
  to prominent display and such a certificate of  inspection  are  at  all
  times  carried within such vehicles to be made available for examination
  upon proper demand, while the vehicles are operated in such service.
    4. Each motor vehicle engaged  in  the  interstate  transportation  of
  passengers  operated  within  the  state shall be subject to subdivision
  three of this section as to the display of  the  name  of  the  operator
  thereof,  and  of such certificate of inspection as to the safety of its
  appliances, equipment and mechanical operation, as the commissioner may,
  by rules and regulations require. In respect to such motor vehicle,  the
  commissioner  may,  in  lieu  of  a  certificate  of  the  commissioner,
  authorize the display of a certificate of  inspection  issued  within  a
  period  of  six  months  last preceding, by a regulatory body of another
  state, or a province of Canada, having safety  standards  determined  by
  the  commissioner not to be substantially lower than those prescribed by
  the commissioner. The rules and regulations to  be  adopted  under  this
  subdivision  shall  insofar as practicable be uniform and the provisions
  of the vehicle and traffic law so far as applicable and not in  conflict
  with  the provisions of this subdivision, shall continue to apply to all
  such motor vehicles.
    5. No motor vehicle with  a  seating  capacity  of  more  than  eleven
  passengers  manufactured  after  December thirty-first, nineteen hundred
  seventy-five, used in the business of transporting school  children  for
  hire  or  used  for  the transportation of school children, owned and/or
  operated by school districts or by any public or private school shall be
  operated within the state, unless each seat,  other  than  the  driver's
  seat,  on  such  vehicle  is  equipped  with  a  padded  back  at  least
  twenty-eight inches in height of a type and  specification  approved  by
  the  commissioner.  Any person who operates a motor vehicle in violation
  of the requirement for such seat backs shall be guilty of  a  violation,
  punishable  by  a fine not exceeding one hundred dollars. The provisions
  of  this  subdivision  shall  not  apply  to  any  bus  used   for   the
  transportation  of  pupils,  teachers  and  other  persons  acting  in a

  supervisory capacity to and from school activities and  which  bus  does
  not  receive  or discharge passengers on or along the public highways on
  regularly scheduled routes and which is being  operated  pursuant  to  a
  permit  or certificate of public convenience and necessity issued by the
  commissioner or by the  interstate  commerce  commission.  School  buses
  manufactured  or  assembled  prior  to  April  first,  nineteen  hundred
  seventy-seven may not be used to transport pupils,  teachers  and  other
  persons acting in a supervisory capacity to and from school activities.
    6.  Notwithstanding  any  inconsistent provision of this chapter or of
  any other law, general or special, or any rule or regulation,  it  shall
  be  unlawful, except in cases of emergency, for any person operating any
  bus in intercity or suburban service where the length of a non-stop trip
  is more than twenty-five miles to allow passengers to stand in the aisle
  of any such bus while such bus is in motion. The commissioner may,  upon
  application,  waive this provision in unique or special circumstances if
  it is in the public interest to do so.
    7. The powers granted to the commissioner by this section to  regulate
  and  prescribe  safety  requirements  for  motor  vehicle  equipment and
  appliances shall not supersede or otherwise limit, qualify or modify the
  powers granted to the commissioner of motor vehicles in respect  thereto
  pursuant  to  the  vehicle  and  traffic law and shall not be exercised,
  except in furtherance and in addition to any regulations or requirements
  of the commissioner of motor vehicles made pursuant to law.
    8. The jurisdiction  of  the  commissioner  over  the  matters  herein
  conferred on the commissioner shall be exclusive.
    9.  If,  after  notice  and  opportunity to be heard, the commissioner
  shall find that any person is operating in violation of  the  provisions
  of  this  section, the commissioner may penalize such person pursuant to
  subdivision three of section one hundred forty-five of this article. The
  commissioner may also notify the commissioner  of  motor  vehicles  that
  such   person  is  operating  in  violation  of  this  section  and  the
  commissioner of motor vehicles shall thereupon suspend the  registration
  of  all  motor  vehicles  owned  or  operated  by  such person, with the
  exception of private passenger  automobiles,  until  such  time  as  the
  commissioner  may give notice that the violation has been satisfactorily
  adjusted. The commissioner of motor vehicles shall have the authority to
  deny a registration or renewal application to any other person  for  the
  same  vehicle and may deny a registration or renewal application for any
  other motor vehicle registered in the name of the applicant where it has
  been determined that such registrant's intent  has  been  to  evade  the
  purposes  of  this  subdivision  and  where  the  commissioner  of motor
  vehicles has reasonable grounds to believe  that  such  registration  or
  renewal  will  have  the  effect  of  defeating  the  purposes  of  this
  subdivision. The procedure on any such suspension shall be the  same  as
  in the case of a suspension under the vehicle and traffic law. Operation
  of  any  motor  vehicle  while under suspension as herein provided shall
  constitute a class A misdemeanor.