§ 145. Penalties and forfeitures for violations. 1. Any certificate or permit may, after a hearing, be suspended, cancelled, revoked or modified, in whole or in part, for failure to comply with the provisions of this chapter or with any lawful rule, order or regulation of the commissioner promulgated hereunder or with any term, condition, or limitation of such certificate or permit or for failure to render reasonably continuous service within the scope of the certificate or permit. 2. The commissioner may upon complaint or upon the commissioner's initiative without complaint institute proceedings to revoke, cancel, suspend or modify any certificate or permit issued pursuant to this chapter after a hearing at which the holder of such certificate or permit and any person making such complaint shall be given an opportunity to be heard. Provided, however, that any order of the commissioner revoking, cancelling, suspending or modifying any certificate or permit shall not become effective until thirty days after the serving of notice thereof upon the holder of such certificate or permit, unless the commissioner determines that the continued holding of such certificate or permit for such period would be contrary to the public interest. Hearings shall be held in such manner and upon such notice as may be prescribed by rules of the commissioner, but such notice shall be of not less than ten days and shall state the nature of the complaint. 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 ten 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. 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 hearing. 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. Further 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. 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 advertising 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 registrations 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 satisfactorily adjusted, and the commissioner of motor vehicles may direct any police officer to secure possession of the number plates of such motor vehicles and to return the same to the commissioner of motor vehicles. Failure of the holder or of any person possessing such number plates to deliver such number plates to any police officer who requests the same pursuant to this subdivision shall constitute a misdemeanor. 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 commissioner of motor vehicles has reasonable grounds to believe that such registration 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. Operation of any motor vehicle while under suspension as herein provided shall constitute a class A misdemeanor. A person who operates a motor vehicle while such vehicle is under suspension as provided in this subdivision in a manner that causes the death of another person, knowing that the operation of such vehicle is in violation of this subdivision, shall be guilty of a class E felony. 5. Any person, whether carrier, passenger, shipper, consignee, or broker, or any officer, employee, agent or representative thereof, who shall knowingly offer, grant or give or solicit, accept, or receive any rebate, concession or discrimination in violation of this chapter, or who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease or bill of sale, or by any other means or device, shall knowingly and willfully assist, suffer or permit any person or persons to obtain transportation of property or passengers subject to this chapter for less than the applicable rate, toll or charge, or who, with respect to the transportation of household goods, shall knowingly or willfully misrepresent the applicable rate for transportation or the weight of a shipment or the cost of transportation to the shipper, or who shall knowingly and willfully by any such means or otherwise fraudulently seek to evade or defeat regulation as provided for in this chapter, shall be guilty of a misdemeanor and upon conviction thereof be fined not more than one thousand dollars for the first offense and not more than two thousand five hundred dollars for any subsequent offense. 6. Any person who shall provide transportation for compensation within the state, or hold himself or herself out to the public by advertising or any other means to provide such transportation, when such transportation requires either the permission or approval of the commissioner, or the permission, approval or franchise of any city having regulatory jurisdiction over such transportation and who does not possess a valid permit, certificate or approval for such transportation, from the commissioner or from such city, shall be guilty of a traffic infraction punishable by a fine of not less than one thousand dollars and not more than one thousand five hundred dollars for the first offense. A violation of this subdivision by a person who has previously been convicted of such offense within five years of the violation shall be a misdemeanor and shall be punishable by a fine of not less than two thousand dollars and not more than five thousand dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. Upon conviction as a second or subsequent offender as described herein the court may order forfeiture of any right, title or interest held by the defendant in any motor vehicle used in the commission of such offense pursuant to the provisions of subdivision seven of this section. In addition to, or in lieu of, any sanction set forth in this subdivision, the commissioner may, after a hearing, impose a penalty equal to the gain or profit derived from transportation services conducted in violation of this subdivision. Any person holding regulatory authority or a franchise from either the commissioner or any city having regulatory jurisdiction over such transportation, or any public transportation authority created pursuant to title nine, eleven, eleven-A, eleven-B, eleven-C or eleven-D of article five of the public authorities law, who is being adversely affected by a person providing transportation without having the necessary regulatory authority or franchise from the commissioner or any such city, may bring suit in his, her or its own behalf to restrain such person and recover damages resulting from the actions of such person. 7. (a) Whenever it appears that any person is violating the provisions of subdivision six of this section, the commissioner acting by the attorney general, or the city acting by its corporation counsel, or designee, may bring suit against such person in any court of competent jurisdiction to restrain such person from continuing such violation. In any such suit, the court shall have jurisdiction to grant to the commissioner or city without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders and preliminary or permanent injunctions, and to levy upon the gain or profit that may be subject to a penalty pursuant to subdivision six of this section. In cities with a population of one million or more, the police department shall have the power to issue summonses for violations of subdivision six of this section and those summonses shall be adjudicated according to the rules and regulations set forth in article two-A of the vehicle and traffic law. The hearing officer responsible for adjudication of any violation of such subdivision six shall review the record of any person found guilty of violating such subdivision six to determine whether or not that person has a prior conviction under such subdivision six. After a review of the record, if it is found that there has been a prior conviction, the hearing officer shall refer the matter to the appropriate local criminal court for prosecution under this article.(b) Any person convicted as a third or subsequent offender as described in subdivision six shall be subject to a court order divesting him of any right, title or interest in any motor vehicle used in the commission of the offense. An action for forfeiture may be commenced by the attorney general on behalf of the commissioner or the corporation counsel or designee on behalf of the city in any superior court in the county of conviction. The defendant shall have a right to a trial by jury on any issue of fact. The plaintiff in the forfeiture action shall have the burden of proof by clear and convincing evidence on such issues of fact.
(c) Any order of forfeiture issued pursuant to this subdivision shall include provisions for the disposal of the property found to have been forfeited. Such provisions shall be directed to the attorney general or corporation counsel or designee as the case may be, and may include, but are not limited to, an order directing that the property be sold in accordance with provisions of article fifty-one of the civil practice law and rules. Net proceeds of the sale shall be paid into the general fund of the state or city, as the case may be, less all costs and attendant expenses of seizure, storage and forfeiture, as the case may be, which shall be paid to the office of the attorney general or corporation counsel in the appropriate case notwithstanding any other provisions of law. 8. All penalties charged and collected by the commissioner pursuant to this section shall be deposited by the comptroller into the special obligation reserve and payment account of the dedicated highway and bridge trust fund established pursuant to section eight-nine-b of the state finance law.
