NY State Senate Bill 2015-S1076A

Senate Bill S1076A

2015-2016 Legislative Session

Requires contract carriers of passengers by motor vehicle to provide federal SMS results to potential customers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Oct 19, 2015	print number 1076a
Oct 19, 2015	amend and recommit to transportation
Jan 08, 2015	referred to transportation

Bill Amendments

Original

A (Active)

2015-S1076 - Details

See Assembly Version of this Bill:: A6955
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §140, Transp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7191, A9238
2011-2012: S1334, S5093, A6775
2013-2014: S404, S4427, A984
2017-2018: S4200

2015-S1076 - Summary

Requires contract carriers of passengers by motor vehicle to provide federal Safety Measurement System (SMS) results to potential customers.

2015-S1076 - Sponsor Memo

                                BILL NUMBER:S1076

TITLE OF BILL:

An act to amend the transportation law, in relation to requiring
safety reports to potential customers of contract carriers of
passengers by motor vehicle

PURPOSE:

To require that contract carriers of passengers by motor vehicle to
provide and explain their most recent federal Safety Status
Measurement System scores before entering into a contract with a
customer.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends section 140 of the Transportation Law
by adding a new subdivision 11 to provide that no contract carrier of
passengers by motor vehicle shall enter into a contract to provide
services to any customer without first providing:

- a written copy of the carrier's three most recent Safety Status
Measurement System scores, and

- an explanation of how the score is calculated and what it means.

Section two of the bill provides that this act shall take effect
thirty days after it shall have become a law.

EXISTING LAW:

Currently, contract carriers are not required to provide copies of
their safety status measurement system scores to potential customers.

JUSTIFICATION:

Customers of motor carrier companies must be able to rely on those
companies to operate safely, but in many instances customers sign
contracts without access to carriers' safety records.

Accidents involving common carriers are not uncommon in New York. On
March 12, 2011, fifteen people died from an accident that occurred
when a driver reportedly flipped his bus while trying to avoid a
swerving tractor-trailer. After further investigation the driver was
found to be operating the vehicle under a fraudulent license with a
history of multiple license suspensions. The carrier, World Wide
Tours, has recently been under investigation for issues involving
fatigued drivers. Two days after the accident 36 buses were stopped at
police checkpoints. Of the buses stopped, 10 drivers had violations so
serious that they were made to stop driving immediately. It is vital
that we put safeguards in place, so that no more lives are lost.

By utilizing the Safety Measurement System (SMS), companies will no
longer be able to hide from their past transgressions. SMS was
developed to track the on-road safety performance of carriers and
drivers to identify candidates for interventions, determine the


specific safety problems that a carrier or driver exhibits, and to
monitor whether safety problems are improving or worsening. The SMS
score is determined by analyzing data to quantify performance in the
following categories: Unsafe Driving, Fatigued Driving, Driver
Fitness, Controlled Substance/Alcohol Abuse, Vehicle Maintenance,
Cargo-Related Issues, and Crash Indicator. Once a company's score is
calculated, they are placed in a peer group with other companies who
have received similar scores.

Without requiring carriers to provide copies of safety records to
customers, there will be no motivation for carriers to take more
serious actions against drivers with multiple violations. This
legislation would ensure that all potential customers have direct
access to critical information about the safety records of motor
vehicle carriers, and it would provide additional incentive for
carriers to improve their own safety ratings.

PRIOR LEGISLATIVE HISTORY:

2014: S.4427-A - Referred to Transportation
2013: S.4427 - Referred to Transportation
2011-2: S.5093 - Referred to Transportation

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect thirty days after it shall have become a
law.

2015-S1076 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1076

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation to requiring  safety
  reports  to  potential customers of contract carriers of passengers by
  motor vehicle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 140 of the transportation law is amended by adding
a new subdivision 11 to read as follows:
  11. NO CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE, AS DEFINED  BY
SUBDIVISION  NINE  OF  SECTION  TWO  OF THIS CHAPTER, SHALL ENTER INTO A
CONTRACT TO PROVIDE SERVICES FOR ANY CUSTOMER  WITHOUT  FIRST  PROVIDING
THAT CUSTOMER WITH:
  A.  A  COPY,  IN  WRITING, OF THE CONTRACT CARRIER'S THREE MOST RECENT
FEDERAL SAFETY MEASUREMENT SYSTEM (SMS) SCORES; PROVIDED  THAT,  IF  THE
CONTRACT  CARRIER  IS  REQUIRED  TO PROVIDE SCORES FOR ANY YEAR OR YEARS
PRIOR TO TWO THOUSAND FOURTEEN, THE CONTRACT  CARRIER  MAY  PROVIDE  THE
SCORE  OR  SCORES  CALCULATED  BY  THE  SAFETY STATUS MEASUREMENT SYSTEM
(SAFESTAT) FOR THAT YEAR OR YEARS; AND
  B. AN EXPLANATION OF HOW THE SCORES WERE CALCULATED AND WHAT THE SCORE
MEANS.
  S 2. This act shall take effect thirty days after it shall have become
a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00484-01-5

2015-S1076A (ACTIVE) - Details

See Assembly Version of this Bill:: A6955
Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §140, Transp L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7191, A9238
2011-2012: S1334, S5093, A6775
2013-2014: S404, S4427, A984
2017-2018: S4200

2015-S1076A (ACTIVE) - Summary

Requires contract carriers of passengers by motor vehicle to provide federal Safety Measurement System (SMS) results to potential customers.

2015-S1076A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1076A

 TITLE OF BILL :  An act to amend the transportation law, in relation
to requiring safety reports to potential customers of contract
carriers of passengers by motor vehicle

 PURPOSE :

To require contract carriers of passengers by motor vehicle to provide
and explain their most recent federal Safety Status Measurement System
(SMS) scores before entering into a contract with a customer.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends Section 140 of the Transportation Law
by adding a new subdivision 11 to require that no contract carrier of
passengers by motor vehicle shall enter into a contract to provide
services to any customer without first providing:

- a written copy of the carrier's three most recent Safety Status
Measurement System (SMS) scores, and

- an explanation of how the score is calculated and what it means

Section two of the bill provides that this act shall take effect
immediately.

 EXISTING LAW :

Currently, contract carriers are not required to provide copies of
their safety status measurement system scores to potential customers.

 JUSTIFICATION :

Customers of motor carrier companies must be able to rely on those
companies to operate safely, but in many instances customers sign
contracts without access to carriers' safety records.

Accidents involving common carriers are not uncommon in New York. On
March 12, 2011, fifteen people died from an accident that occurred
when a driver reportedly flipped his bus while trying to avoid a
swerving tractor-trailer. After further investigation the driver was
found to be operating the vehicle under a fraudulent license with a
history of multiple license suspensions. The carrier, World Wide
Tours, has recently been under investigation for issues involving
fatigued drivers. Two days after the accident 36 buses were stopped at
police checkpoints. Of the buses stopped, 10 drivers had violations so
serious that they were made to stop driving immediately. It is vital
that we put safeguards in place, so that no more lives are lost.

By utilizing the Safety Measurement System (SMS), companies will no
longer be able to hide from their past transgressions. SMS was
developed to track the on-road safety performance of carriers and
drivers to identify candidates for interventions, determine the
specific safety problems that a carrier or driver exhibits, and to
monitor whether safety problems are improving or worsening. The SMS
score is determined by analyzing data to quantify performance in the
following categories: Unsafe Driving, Fatigued Driving, Driver
Fitness, Controlled Substance/Alcohol Abuse, Vehicle Maintenance,
Cargo-Related Issues, and Crash Indicator. Once a company's score is
calculated, they are placed in a peer group with other companies who
have received similar scores.

Without requiring carriers to provide copies of safety records to
customers, there will be no motivation for carriers to take more
serious actions against drivers with multiple violations. This
legislation would ensure that all potential customers have direct
access to critical information about the safety records of motor
vehicle carriers, and it would provide additional incentive for
carriers to improve their own safety ratings.

 PRIOR LEGISLATIVE HISTORY :

2015: S.1076 - Referred to Transportation
2014: S.4427-A - Referred to Transportation
2013: S.4427 - Referred to Transportation
2011-2: S.5093 - Referred to Transportation

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect thirty days after enactment.

2015-S1076A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1076--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the transportation law, in relation to requiring  safety
  reports  to  potential customers of contract carriers of passengers by
  motor vehicle

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 140 of the transportation law is amended by adding
a new subdivision 11 to read as follows:
  11. NO CONTRACT CARRIER OF PASSENGERS BY MOTOR VEHICLE, AS DEFINED  BY
SUBDIVISION  NINE  OF  SECTION  TWO  OF THIS CHAPTER, SHALL ENTER INTO A
CONTRACT TO PROVIDE SERVICES FOR ANY CUSTOMER  WITHOUT  FIRST  PROVIDING
THAT CUSTOMER WITH:
  A.  A  COPY,  IN  WRITING, OF THE CONTRACT CARRIER'S THREE MOST RECENT
FEDERAL SAFETY MEASUREMENT SYSTEM (SMS) SCORES; PROVIDED  THAT,  IF  THE
CONTRACT  CARRIER  IS  REQUIRED  TO PROVIDE SCORES FOR ANY YEAR OR YEARS
PRIOR TO TWO THOUSAND FIFTEEN, THE  CONTRACT  CARRIER  MAY  PROVIDE  THE
SCORE  OR  SCORES  CALCULATED  BY  THE  SAFETY STATUS MEASUREMENT SYSTEM
(SAFESTAT) FOR THAT YEAR OR YEARS; AND
  B. AN EXPLANATION OF HOW THE SCORES WERE CALCULATED AND WHAT THE SCORE
MEANS.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00484-02-5

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