[Notwithstanding the amount of a penalty set forth in the notice of violation, the decision of the presiding officer in a proceeding may be to impose a penalty of up to $ 5,000, dismiss the notice of violation, or find respondent guilty and impose no monetary penalty.]

Section 505.13 is repealed.

[All penalties imposed shall be paid within 120 days of the date of service of the order, unless an appeal is filed as hereinafter set forth.]

Section 720.2 is amended to repeal (a)(1) and (3):

(a) A motor vehicle subject to department inspection requirements shall not be operated unless it displays on the interior surface of the windshield, as close to the lower right hand corner as practicable, an unexpired certificate of inspection issued to the current owner or operator by the department, or by another regulatory body certified by the department. In lieu of such certificate of inspection, the department shall recognize the display of a valid certificate of inspection issued within the preceding six months for a motor vehicle having a seating capacity of more than 10 passengers engaged in interstate commerce by the following:

[(1) The Commercial Vehicle Safety Alliance certificate of safety inspection. See Section 720.11(f) of this Part.]

[(3) The Public Service Commission of the State of Delaware.]

Section 720.3 is amended to add subdivision (d):

(d) Signs and placards. Any motor vehicle having a seating capacity of more than seven passengers and whose primary use is to transport pupil(s) and teachers to and from school shall not be mounted with or have installed thereon any sign, placard, or other display except as permitted by law. The provisions of this subdivision shall not apply to such motor vehicles operating in a city with a population of one million or more.

Section 720.4(k), (y)(1)(i) and (z) are amended to read as follows:

(k) School bus insulation (Type A, B, C, D). School buses shall have insulation material of a fire-resistant nature placed between the panels from the floor to the top of the roof. The insulating material shall be thermo type and permanently sealed in place. The insides of all exterior and interior panels shall be coated with asphalt base, rubber base or other approved material, [applied by spray method,] in order to seal, deaden sound, insulate and prevent oxidation.

(y) Chassis construction.

(1) General requirements (all vehicles).

(i) FMVSS. All chassis shall meet the applicable FMVSS as of date of manufacture. Compliance with such standards shall be certified by the manufacturer by attachment of a plate or decal. The manufacturer's GVWR that is not to be exceeded shall be listed on such plate or decal. As necessary, the wet curb weight of the vehicle shall be provided by the final stage manufacturer.

(a) Stretch limousines.

(i) Vehicle that are subject to these safety requirements and that meet the definition of an altered vehicle commonly referred to as a “stretch limousine” may not be operated unless all FMVSS labels, markings and placards required at the time of manufacture are present and conform with the current state of the vehicle.

(b) Vans in School Service.

(i) Vehicles that are subject to these safety requirements that meet the definition of a school vehicle and that have a seating capacity of more than 10 passengers including the driver may not be operated unless the vehicle was manufactured in accordance with the FMVSS of a school bus.

(z) Brakes.

(2) School buses (Type B, C, D).

[(ii) Wig-wags. Wig-wags or equivalent audible and movable warning devices shall be mounted as near as practicable to the forward field of vision of the driver when in a normal seated position, and its movement shall not allow contact with other movable or fixed objects attached to the vehicle. If only one audible or movable warning device is used, it shall monitor the wet tank.]

Section 720.11(d)(3) is amended as follows and (g) and section 16.01 is repealed.

(d) Criteria.

(3) Vehicles operated by a carrier determined not to have an acceptable safety and inspection record that have Defect Ratings of "B" and "C" shall be treated as if they had a Defect Rating of "A". Periodically, the [Passenger and Freight Safety Division] Office of Modal Safety & Security shall determine those carriers that do not have an adequate safety and inspection record. Such determinations may be based on a review of the carrier's past safety record, preventive maintenance program and out-of-service rate.

[(g) Commercial vehicle safety alliance inspection sticker. The following is a sample of a typical Inspection Sticker issued by Commercial Vehicle Safety Alliance (CVSA) members throughout North America to commercial vehicles that successfully pass a Level 1 Roadside Safety Inspection. The sticker is typically placed on the front bumper of the commercial vehicle.]

Section 721.1(a) is amended to add a subsection (1) as follows:

(a) Preestablished Regular Maintenance Intervals: Every passenger vehicle operator shall insure that all vehicles subject to the requirements of 17 NYCRR 720 are examined and serviced at regular maintenance intervals preestablished by the operator, and that such operator has an effective preventive maintenance program.

(1) Any passenger vehicle operator that has been the subject of at least 10 department vehicle inspections conducted in the preceding state fiscal year pursuant to Section 140(3) of the Transportation Law shall maintain an out of service rate of less than 25 percent.

Section 721.3(f) is repealed.

[(f) FMCSR. Drivers of passenger carrying vehicles that carry more than 15 passengers, including the driver, or with a gross vehicle weight rating of more than 10,000 pounds shall comply with the applicable Federal Motor Carrier Safety Regulations (FMCSR) of the Federal Highway Administration, including: 49 CFR Part 382 - Controlled Substances and Alcohol Use and Testing, part 383 - Commercial Driver's License Standards; Requirements and Penalties, part 390 - Federal Motor Carrier Safety Regulations; General, subdivisions 391.21, except for (b)(12), 391.23, except for (b) and (c), 391.25, 391.27, except for (c) and (d), 391.41, 391.43 and 391.51, except for (b)(3), (b)(7) and (d)(4), of part 391 - Qualifications of Drivers, part 392 Driving of Commercial Motor Vehicles, part 393 - Parts and Accessories Necessary For Safe Operation, part 396 - Inspection, Repair, and Maintenance, except for subdivisions 396.3(a)(2) and (b)(4) and part 397 - Transportation of Hazardous Materials; Driving and Parking Rules. With respect to commercial drivers that are licensed with a passenger endorsement to operate a bus on an intrastate basis only, parts 390 to 397 shall not apply to commercial drivers when operating a school bus, and the adopted portions of part 391 shall only apply to those drivers that received their initial commercial driver's license after 5/19/1999, the first effective date of this regulation. With respect to hours of service of bus drivers the requirements 17 NYCRR 820.6 of apply.]

Section 750.1 is amended as follows:

Every person, firm, association or corporation operating motor vehicles under certificate of convenience and necessity or permit issued by the Commissioner of Transportation, or his predecessors, and every street railway corporation operating motor vehicles under authority granted by the Commissioner of Transportation, or his predecessors, shall procure and maintain and file with the Commissioner of Transportation surety bonds or certificate of insurance approved as to form by the commissioner in a solvent and responsible company authorized to do business in this State and approved by the Superintendent of [Insurance] Financial Services, or qualify as a self-insurer, covering each motor vehicle operated pursuant to such certificate, permit or authority, conditioned for the payment of all claims and judgments for damages or injuries caused in the operation, maintenance, use or the defective construction of such motor vehicle in at least the following amounts:

Passenger vehicles having a carrying capacity of [12] 7 or less passengers: for personal injury or death to one person, $ 100,000; Personal injury or death to all persons in one accident, $ 300,000, with a maximum of $ 100,000 for each person;

Property damage, $50,000;

Passenger vehicles having a carrying capacity of more than [12] 7 passengers: for personal injury or death to [one] all persons in one accident, $ 1,500,000.

Property damage, $ 50,000.

Amend and Rename Title 17, Chapter VI, Subchapter E Motor Carriers:

NY - New York Codes, Rules and Regulations

TITLE 17. DEPARTMENT OF TRANSPORTATION

CHAPTER VI. TRANSPORTATION REGULATIONS

SUBCHAPTER E. MOTOR CARRIERS [OF PROPERTY] ARTICLE 3.

Section 820.1 is amended to add (e):

Section 820.5 is amended as follows:

(a) The Commissioner of Transportation adopts Part 393 of Title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length.

Section 820.10(o)_is repealed.

[(o) In addition to, or in lieu of, any sanctions set forth in this section, the Commissioner of Transportation may, after a hearing, impose a penalty not to exceed a maximum of $ 5,000 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.]

The Department of Transportation anticipates that no person is likely to object to the proposed rule as written. The proposed rule repeals or modifies obsolete regulatory provisions, makes technical changes, and implements non-discretionary state and federal statutory provisions. The proposed rule will not require motor carriers to comply with any requirement that they are not currently required to comply with. Based on the foregoing, the Department of Transportation believes that the proposed rule is a consensus rule.

The Department has reviewed the potential job impact of this rule-making, and has determined that the amendments to 17 NYCRR will not have a substantial adverse impact on jobs and employment opportunities. It is evident from the subject matter of the rule making that the amendments will not have a substantial adverse impact on jobs and employment. Rather, the amendments seek to implement non-discretionary state and federal statutory provisions and repeal obsolete provisions. By promoting uniformity between state and federal statutes and regulation and repealing out of date provisions, the amendments will have no impact on job opportunities. Accordingly, a full job impact statement is not required pursuant to State Administrative Procedure Action Section 201-(a)(2)(a).