New York City Council Header
File #: Int 1575-2019    Version: * Name: Imposition of civil penalties on businesses required to be licensed or registered by the business integrity commission for unsafe driving by persons operating vehicles on behalf of such businesses.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Sanitation and Solid Waste Management
On agenda: 5/29/2019
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the imposition of civil penalties on businesses required to be licensed or registered by the business integrity commission for unsafe driving by persons operating vehicles on behalf of such businesses
Sponsors: Antonio Reynoso, Ritchie J. Torres, Helen K. Rosenthal, Carlos Menchaca
Council Member Sponsors: 4
Summary: This bill would require the Business Integrity Commission (BIC) to impose civil penalties on businesses that BIC licenses or registers when their drivers commit traffic offenses.
Attachments: 1. Summary of Int. No. 1575, 2. Int. No. 1575, 3. May 29, 2019 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 5-29-19, 5. Oversight and Investigations Unit Report, 6. Committee Report 6/27/19, 7. Hearing Testimony 6/27/19, 8. Hearing Transcript 6/27/19, 9. Minutes of the Stated Meeting - May 29, 2019, 10. Minutes of the Recessed Meeting of May 29, 2019 Held on June 13, 2019

Int. No. 1575

 

By Council Members Reynoso, Torres, Rosenthal and Menchaca

 

A Local Law to amend the administrative code of the city of New York, in relation to the imposition of civil penalties on businesses required to be licensed or registered by the business integrity commission for unsafe driving by persons operating vehicles on behalf of such businesses

 

Be it enacted by the Council as follows:

Section 1. Subdivisions b and c of section 16-515 of the administrative code of the city of New York, as added by local law number 42 for the year 1996, are amended to read as follows:

b. [(i)] Any person who violates subdivision a of section 16-505 or section 16-524 of this chapter shall, upon conviction thereof, be punished for each violation by a criminal fine of not more than ten thousand dollars for each day of such violation or by imprisonment not exceeding six months, or both; and any such person shall be subject to a civil penalty of not more than five thousand dollars for each day of such violation to be recovered in a civil action or returnable to the department of consumer affairs or other administrative tribunal of competent jurisdiction; [and]

c. Any person who violates subdivision b of section 16-505 of this chapter or any rule pertaining thereto shall, upon conviction thereof, be punished by a civil penalty not to exceed one thousand dollars for each such violation to be recovered in a civil action or returnable to the department of consumer affairs or other administrative tribunal of competent jurisdiction[.]; and

§ 2. Subdivisions d and e of section 16-515 of the administrative code of the city of New York, as added by local law number 42 for the year 1996, are redesignated subdivisions e and f, respectively.

§ 3. Section 16-515 of the administrative code of the city of New York is amended by adding a new subdivision d to read as follows:

d. The commission shall impose the civil penalties as set forth in the following table on any business required by this chapter to be licensed or registered when any person operating a vehicle on behalf of such business violates a provision set forth in the table or established by rule by the commission. If, in any six-month period, any one person operating a vehicle on behalf of any such business has been convicted of any four such violations, in any combination, the commission shall impose a civil penalty of $10,000 against such business.

TABLE OF CIVIL PENALTIES

Provision

Description

Minimum Penalty

Vehicle and traffic law section 301(b)(2)

Uninspected Heavy Vehicle

$2,500.00

Vehicle and traffic law section 306(b)

Uninspected Motor Vehicle

$2,500.00

Vehicle and traffic law section 319

Uninsured Motorist

$10,000.00

Vehicle and traffic law section 319(3)

Failure to Produce an Insurance Identification Card

$1,000.00

Vehicle and traffic law section 375(1)

Inadequate Brakes

$5,000.00

Vehicle and traffic law section 375(3)

Failure to Dim Headlights

$50.00

Vehicle and traffic law section 375(29a)

Improper Towing/More Than One Vehicle

$50.00

Vehicle and traffic law section 375(29c)

Connection Longer Than 16 Feet

$50.00

Vehicle and traffic law section 375(29d)

No Licensed Driver in Towed Vehicle

$50.00

Vehicle and traffic law section 375(35c)

Unsafe Tire

$1,000.00

Vehicle and traffic law section 401(1)(a)

Unregistered Motor Vehicle

$2,500.00

Vehicle and traffic law section 401(4)

Failure to Produce a Current Vehicle Registration

$1,000.00

Vehicle and traffic law section 408(j)(1)

Vehicle Improperly Registered

$2,500.00

Vehicle and traffic law section 509

Drivers' License Violations

$5,000.00

Vehicle and traffic law section 511

Operation while License is Suspended or Revoked

$5,000.00

Vehicle and traffic law section 600

Leaving the Scene of an Accident

$5,000.00

Vehicle and traffic law section 1102

Failure to Comply with a Lawful Order

$500.00

Vehicle and traffic law section 1110(a)

Failure to Obey Traffic Control Device

$500.00

Vehicle and traffic law section 1110(a)(1)

Passed Green Arrow

$500.00

Vehicle and traffic law section 1111(d)(1)

Passed Red Light

$500.00

Vehicle and traffic law section 1111(a)(1)

Passed Red Arrow

$500.00

Vehicle and traffic law section 1120(a)

Failure to Keep Right

$500.00

Vehicle and traffic law section 1122

Improper Lane Change

$500.00

Vehicle and traffic law section 1122-a

Overtaking a Bicycle

$500.00

Vehicle and traffic law section 1123(b)

Left Pavement to Pass on Right

$500.00

Vehicle and traffic law section 1124

Unsafe Passing

$500.00

Vehicle and traffic law section 1125(a)1

Drove to Left on Hillcrest or Curve

$500.00

Vehicle and traffic law section 1127(a)

Drove Wrong Way on a One Way Street

$500.00

Vehicle and traffic law section 1128(a)

Unsafe Lane Change

$500.00

Vehicle and traffic law section 1129(a)

Following Too Closely (Tailgating)

$500.00

Vehicle and traffic law section 1140

Failure to Yield Right of Way at Intersection

$1,000.00

Vehicle and traffic law section 1141

Failure to Yield Right of Way--Oncoming Traffic

$1,000.00

Vehicle and traffic law section 1143

Failure to Yield Right of Way--Pedestrians

$1,000.00

Vehicle and traffic law section 1163

Failure to Signal Lane Change

$500.00

Vehicle and traffic law section 1172

Failure to Stop for a School Bus

$5,000.00

Vehicle and traffic law section 1174

Failure to Stop at Stop Sign or Flashing Red Light

$500.00

Vehicle and traffic law section 1180(a)

Unreasonable/Imprudent Speed

$500.00

Vehicle and traffic law section 1180(b)

Speeding

 

 

1 - 10 mph over speed limit

$500.00

 

11 - 20 mph over speed limit

 $1,000.00

 

21 - 30 mph over speed limit

$2,500.00

 

31 - 40 mph over speed limit (possible suspension)

$5,000.00

 

More than 40 mph over speed limit (possible suspension)

$10,000.00

Vehicle and traffic law section 1192.1

Driving While Ability Impaired

$10,000.00

Vehicle and traffic law section 1192.2

Driving While Intoxicated

$10,000.00

Vehicle and traffic law section 1192.3

Driving While Intoxicated

$10,000.00

Vehicle and traffic law section 1192.4

Driving While Ability Impaired by Drugs

$10,000.00

Vehicle and traffic law section 1192.4a

Driving While Ability Impaired by Drugs & Alcohol

$10,000.00

Vehicle and traffic law section 1212

Reckless Driving (Misdemeanor Offense)

$10,000.00

Vehicle and traffic law section 1225(c)

Improper Cell Phone Use

$2,500.00

Vehicle and traffic law section 1226

No Hands on Wheel or Steering Device

$250.00

Vehicle and traffic law section 1229(c)(3)

No Seat Belt/Driver

$500.00

Vehicle and traffic law section 1229(c)(2)

Safety Restraint Violation Person Under 16

$1,000.00

Vehicle and traffic law section 1233

Clinging to Vehicles

$2,500.00

 

Other Moving Violations

$500.00

 

Other Equipment Violations

$500.00

Administrative code section 19-190(a)

Right of Way

$750.00

Administrative code section 19-190(b)

Right of Way (with injury)

$2,500.00

 

§ 4. This local law takes effect immediately, except that the business integrity commission shall promulgate the rules required by this local law no later than 180 days after such effective date.

 

NAB

LS #10843

5/24/19