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

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S404-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S404-2013 Memo

BILL NUMBER:S404

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 OR GENERAL IDEA OF BILL:
To require contract carriers of
passengers by motor vehicle to provide and explain their most recent
federal Safety Status Measurement System (SafeStat) scores before
entering into a contract with a customer.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 140 of the
transportation law 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 SafeStat scores; and

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

JUSTIFICATION:
Customers of charter bus 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.

According to a study by ESPN, the number of buses involved in traffic
accidents has increased dramatically in recent years: in 2003, 8,555
buses were involved in such accidents nationwide, rising to 13,195 in
2007.

The United States Department of Transportation, through the Federal
Motor Carrier Safety Administration, operates the Safety Status
Measurement System (SafeStat), an automated analysis system that
combines historical and current safety data to measure the relative
safety fitness of interstate commercial motor carriers. SafeStat
provides analysis and reports on carriers' performance in four
analytic Safety Evaluation Areas (SEAs): Accident. Driver, Vehicle,
and Safety Management.
The four SEA values are then combined into an overall safety status
assessment, known as a SafeStat score.

Carriers' SafeStat scores can be viewed at the FMCSA website. However,
a large proportion of charter bus customers continue to do business
with companies that have compiled substandard SafeStat ratings,
though they might not choose to do so if they were provided with this
information.
These customers include organizations arranging trips for students,
seniors, and other potentially vulnerable groups. For instance, the
ESPN report found that "at least 85 Division I universities used
charter bus companies during 2007 and 2008 that have had one or more
deficient federal safety scores."


While it is helpful to have SafeStat scores available at the FMCSA
website, it is clear that many potential charter bus customers either
do not visit the website or are unable to understand the reports posted
there. This bill would require the motor vehicle carriers to provide
their three most recent SafeStat scores, as well as an explanation of
the SafeStat rating system, to all potential customers before any
contract is signed. Carriers violating this requirement would be
subject to penalties according to subdivision nine of this section,
including a fine of not more than $5,000, and suspension of
the registration of all motor vehicles operated by the carrier.

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:
2011/12: S.1334
2010:    S.7191/A.9238 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S404-2013 Text

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

                                     404

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  DILAN  -- 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. Subdivision 10 of section 140 of the transportation law is
  renumbered subdivision 11 and a new subdivision 10 is added to  read  as
  follows:

    10.  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 STATUS MEASUREMENT SYSTEM (SAFESTAT) SCORES; AND
    B.  AN  EXPLANATION  OF HOW THE SCORE IS CALCULATED AND WHAT THE SCORE
  MEANS.
    S 2. This act shall take effect immediately.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00674-01-3