TRN-47-15-00002-P Various Regulations Addressing Accident Reporting, Record Retention, Insurance, Vehicle Inspection and Equipment Identification

11/25/15 N.Y. St. Reg. TRN-47-15-00002-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 47

November 25, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF TRANSPORTATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TRN-47-15-00002-P

Various Regulations Addressing Accident Reporting, Record Retention, Insurance, Vehicle Inspection and Equipment Identification

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal Parts 557, 566, 568, 701, 723, 741, 760, 761, 762, 763, 764, 765, 800, 810, 840 and 850 and sections 700.3, 700.4, 722.1, 722.2, 722.3, 742.1, 742.2, 781.3, 841.1 and 841.2; amend section 720.11; and add sections 720.11(c), 722.1, 742.0, 750.3, 781.3, 841.1 to Title 17 NYCRR.

Statutory authority:

Transportation Law, sections 14(18), 138, 140, 142 and art. 6

Subject:

Various regulations addressing accident reporting, record retention, insurance, vehicle inspection and equipment identification.

Purpose:

Updates to regulations addressing accident reporting, record retention, insurance, vehicle inspection, equipment identification.

Text of proposed rule:

Subdivision 17 NYCRR 720.11(c) is renumbered to subdivision 17 NYCRR 720.11(d) and a new subdivision 17 NYCRR 720.11(c) is added to read as follows:

(c) The department may elect to inspect only certain vehicle components based on the overall safety performance of the operator.

17 NYCRR sections 700.3, 700.4, 722.1, 722.2, 722.3, 742.1, 742.2, 781.3, 841.1, 841.2 and Parts 557, 566, 568, 701, 723, 741, 760, 761, 762, 763, 764, 765, 800, 810, 840 and 850 are repealed. New 17 NYCRR sections 722.1, 742.0, 750.3, 781.3 and 841.1 are added to read as follows:

Section 722.1. Reportable accidents.

(a) Any accident in any way involving a motor vehicle subject to department inspection, which results in the loss of life or injury of any passenger, employee or other person, or which was caused by mechanical failure (regardless of whether or not injuries were incurred), shall be immediately reported to the department by telephone or electronically to: [e-mail].

(b) In addition to an incident commonly known as an accident, the following are reportable accidents within the purview of this Part:

(1) any mechanical failure;

(2) evidence of intrusion into the body of the vehicle of carbon monoxide, exhaust fumes emitted from such vehicle, or other noxious gases or smoke;

(3) smoke (other than normal exhaust) emanating from the engine or any other part of the vehicle, whether internal or external; and

(4) presence of or emission, whether internal or external, of sparks, flame or fire.

(c) No work shall be performed on and no passengers shall be transported in the vehicle involved until it is released by the Department of Transportation.

Section 742.0.

Every corporation, company, association, joint-stock association, partnership and person under the jurisdiction of the Commissioner of Transportation shall retain possession of all accounts, books, contracts, records, documents and papers at the principal office of such corporation, company, association, joint-stock association, partnership and person and hold them for inspection by the commissioner or the agents or employees of the commissioner.

Section 750.3. Minimum levels of financial responsibility for for-hire motor carriers of passengers.

The Commissioner of Transportation adopts part 387 of title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length for for-hire motor carriers of passengers operating motor vehicles in interstate and foreign commerce. The provisions of the Code of Federal Regulations which have been incorporated by reference in this part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the book entitled: Code of Federal Regulations, Title 49 Parts 300 to 399, revised as of October 1, 2013, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

Section 781.3. Identification.

All equipment operated pursuant to this Part, except equipment operated in a bus line operation shall have affixed thereto the full name and USDOT number when applicable of the authorized carrier in the same manner as if the equipment were owned by the authorized carrier.

Section 841.1. Retention of records at principal office.

Every corporation, company, association, joint-stock association, partnership and person under the jurisdiction of this commissioner shall retain possession of all accounts, books, contracts, records, documents and papers, and hold them for inspection by the Department of Transportation or its agents or employees at the principal office of such corporation, company, association, joint-stock association, partnership and person under the jurisdiction of this commissioner.

Text of proposed rule and any required statements and analyses may be obtained from:

David E. Winans, Associate Counsel, New York State Department of Transportation, 50 Wolf Road, 6th Floor, Albany, NY 12232, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

NYSDOT has determined that no person is likely to object to the amendments to 17 NYCRR as herein proposed. These rulemaking provisions repeal several parts that are no longer needed, allow for flexibility in the selection of vehicle components subject to Departmental inspection, update correspondence and notice options to allow for electronic communication, update the references to the statutory authority for these regulations, correct out of date addresses, and add one section to bring the regulations into conformity with Title 49 of the Code of Federal Regulations applicable to insurance requirements for interstate for-hire motor carriers. This rulemaking does not represent a change in NYSDOT policy or practice or result in significant additional regulatory requirements for motor carriers.

Job Impact Statement

1. Nature of impact: The proposed rule changes are being advanced for the purpose of updating the material to reflect changes in the related statutory authority, to allow for electronic communications with the department, and to correct addresses which have changed. The rule changes are not expected to have any impact on jobs, because the associated New York State Department of Transportation (NYSDOT) enforcement activity will be consistent with past practice.

2. Categories and numbers affected: NYSDOT participates in motor carrier enforcement with police agencies, and on its own initiative, performs inspections of vehicles and drivers and motor carrier compliance reviews. These reviews and inspections are performed using the standards that are found in the CFR regulations historically incorporated by reference in 17 NYCRR. Neither the frequency of inspections nor the basis for NYSDOT enforcement action is expected to change in a that would affect employment.

3. Regions of adverse impact: Inspections and reviews are conducted pursuant to Department policy and there is no variance in the methodology across regions. No adverse impact on jobs in any region or regions is anticipated.

4. Minimizing adverse impact: The purpose of performing motor carrier enforcement activities is the advancement of public safety through verification of compliance with state and federal law and regulation pertaining to motor carrier safety; consequently, there are no adverse impacts.