Increases the penalties for violations of provisions regulating carriers of household goods by motor vehicle; provides that the fine for any such violation may be a maximum of $7,500; and provides for the suspension of the registrations of persons found to have violated such provisions.
Ayes (59): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Ball, Marchione, Ranzenhofer
Excused (1): Squadron
TITLE OF BILL: An act to amend the transportation law, in relation to increasing the penalties for violations by carriers of household goods
SUMMARY OF PROVISIONS: This bill would increase the penalties associated with violating Article 9 of the transportation law related to the transportation of household goods by motor vehicle.
JUSTIFICATION: In order to operate as a mover in the State of New York, the person or company must be issued a permit by the New York State Department of Transportation. Of late, the instances of people and businesses holding themselves out to be movers without having a valid permit have increased significantly. With new technology, such as Craigslist and Facebook, people are able to hold themselves out as movers easily. The Department cannot keep up with the influx of complaints and examples of illegal movers.
This legislation is designed to significantly increase the penalties associated with operating as a mover in New York State without a valid permit. Currently, the penalties are such that a violation results in a minor fine that does not serve as a deterrent to others. In addition, there is no significant way to curtail a bad apple from simply changing a business name and going back out to do more illegal moves. This legislation would increase the fines substantially and would also give the commissioner of transportation the ability to suspend not only business vehicle registrations but also private vehicle registrations. In addition the commissioner would have the ability to suspend the drivers license of any person operating as an illegal mover. These penalties are severe enough that this should curtail individuals from operating as an illegal mover.
Illegal movers pose a significant risk to consumers in New York. Moving in New York is a regulated industry. This regulation is designed to protect consumers and ensure that their personal items are moved in an effective, efficient and respectful manner. Many illegal movers do not respect the consumer and have been known to damage and/or steal personal items. In addition, there have been many instances were illegal movers have held a customer's goods until such time as the customer pays additional money to the illegal mover in order to get what is rightfully theirs. Further, if something is damaged or destroyed, an illegal mover is likely not insured and therefore the customer has no recourse for being compensated for their damaged property.
Illegal movers are also a problem for the State of New York. Illegal movers are not paying proper sales tax to the State. They are also not complying with important New York State laws such as workers compensation laws or applicable labor laws. If the number of illegal movers can be decreased it will help the State of New York as well as consumers and the legal movers who are reputable small businesses struggling against illegal movers that can undercut them at every turn.
LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect the sixtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5002 2013-2014 Regular Sessions IN SENATE May 3, 2013 ___________Introduced by Sen. LANZA -- 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 increasing the penalties for violations by carriers of household goods THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 3 and 4 of section 145 of the transportation law, subdivision 3 as added by chapter 635 of the laws of 1983 and subdivision 4 as amended by chapter 349 of the laws of 1993, are amended to read as follows: 3. In addition to, or in lieu of, any sanctions set forth in this section, the commissioner may, after a hearing, impose a penalty not to exceed a maximum of five thousand dollars in any one proceeding upon any person if the commissioner finds that such person or officer, agent or employee thereof has failed to comply with the requirements of this chapter or any rule, regulation or order of the commissioner promulgated thereunder; PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY, AFTER A HEAR- ING, IMPOSE A PENALTY NOT TO EXCEED A MAXIMUM OF TWENTY-FIVE THOUSAND DOLLARS IN ANY ONE PROCEEDING UPON ANY PERSON IF THE COMMISSIONER FINDS THAT SUCH PERSON OR OFFICER, AGENT OR EMPLOYEE THEREOF HAS FAILED TO COMPLY WITH REQUIREMENTS OF ARTICLE NINE OF THIS CHAPTER. If such penalty is not paid within four months, the amount thereof may be entered as a judgment in the office of the clerk of the county of Albany and in any other county in which the person resides, has a place of business or through which it operates. Thereafter, if said judgment has not been satisfied within ninety days, any certificate or permit held by any such person may be revoked upon notice but without a further hear- ing. Provided, however, that if a person shall apply for a rehearing of the determination of the penalty pursuant to the provisions of section eighty-nine of this chapter, judgment shall not be entered until a determination has been made on the application for a rehearing. FurtherEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10750-01-3 S. 5002 2
provided however, that if after a rehearing a penalty is imposed and such penalty is not paid within four months of the date of service of the rehearing decision, the amount of such penalty may be entered as a judgment in the office of the clerk of the county of Albany and in any other county in which the person resides, has a place of business or through which it operates. Thereafter, if said judgment has not been satisfied within ninety days, any certificate or permit held by any such person may be revoked upon notice but without a further hearing. 4. (A) If after notice and opportunity to be heard, the commissioner shall find that any person or persons is or are providing transportation subject to regulation under this chapter without having any certificate or permit, or is or are holding themselves out to the public by adver- tising or any other means to provide such transportation without having any certificate or permit or approval from a city having jurisdiction pursuant to section eighty of this chapter, the commissioner may notify the commissioner of motor vehicles to that effect and the commissioner of motor vehicles shall thereupon suspend the registration or registra- tions of all motor vehicles owned or operated by such person or persons except private passenger automobiles until such time as the commissioner
[of transportation]may give notice that the violation has been satis- factorily adjusted. PROVIDED, FURTHER, THAT THE COMMISSIONER MAY NOTIFY THE COMMISSIONER OF MOTOR VEHICLES THAT THERE HAS BEEN A VIOLATION OF THE PROVISIONS OF ARTICLE NINE OF THIS CHAPTER AND THE COMMISSIONER OF MOTOR VEHICLES SHALL THEREUPON SUSPEND THE REGISTRATION OR REGISTRATIONS OF ALL MOTOR VEHICLES OWNED OR OPERATED BY THE PERSON OR PERSONS, WHO COMMITTED SUCH VIOLATIONS, INCLUDING 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 commission- er of motor vehicles has reasonable grounds to believe that such regis- tration 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. Opera- tion of any motor vehicle while under suspension as [herein]provided IN THIS PARAGRAPH shall constitute a class A misdemeanor. (B) IF AFTER NOTICE AND OPPORTUNITY TO BE HEARD, THE COMMISSIONER SHALL FIND THAT ANY PERSON OR PERSONS IS OR ARE PROVIDING TRANSPORTATION SERVICES PURSUANT TO ARTICLE NINE OF THIS CHAPTER WITHOUT HAVING ANY CERTIFICATE OR PERMIT, THE COMMISSIONER MAY NOTIFY THE COMMISSIONER OF MOTOR VEHICLES TO THAT EFFECT AND THE COMMISSIONER OF MOTOR VEHICLES SHALL THEREUPON SUSPEND THE DRIVER'S LICENSE OF SUCH PERSON OR PERSONS FOUND TO BE OPERATING IN VIOLATION OF ARTICLE NINE OF THIS CHAPTER. S 2. This act shall take effect on the sixtieth day after it shall have become a law.