§ 507-a. Special requirements for for-hire vehicle motor carriers and\ndrivers; drugs and alcohol. 1. (a) All motor carriers shall be required\nto conduct pre-employment and random drug and alcohol testing in\naccordance with the provisions and requirements of Part 382 of Title 49\nof the Code of Federal Regulations on all drivers of any for-hire\nvehicle having a seating capacity of nine or more passengers, including\nthe driver, regardless of a commercial driver's license endorsement.\nEvery such driver shall be included in the random testing pool from\nwhich drivers are randomly selected for testing, and every such driver\nshall submit to such testing when selected, as required in Part 382 of\nTitle 49 of the Code of Federal Regulations.\n (b) Drug testing administered pursuant to this subdivision shall, at a\nminimum, be in conformance with drug testing procedures as set forth in\nPart 382 of Title 49 of the Code of Federal Regulations.\n 2. No person shall:\n (a) consume a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content, or be under the influence of an\nintoxicating liquor or drug, within eight hours before going on duty or\noperating, or having physical control of a for-hire vehicle having a\nseating capacity of nine or more passengers, including the driver; or\n (b) consume a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content while on duty, or operating, or in\nphysical control of a for-hire vehicle having a seating capacity of nine\nor more passengers, including the driver; or\n (c) possess a drug, controlled substance or an intoxicating liquor,\nregardless of its alcoholic content, while on duty, operating or in\nphysical control of a for-hire vehicle having a seating capacity of nine\nor more passengers, including the driver. However, this paragraph shall\nnot apply to possession of a drug, controlled substance or an\nintoxicating liquor which is transported as part of a shipment or\npersonal effects of a passenger or to alcoholic beverages which are in\nsealed containers.\n 3. No motor carrier shall require or permit a driver to:\n (a) violate any provision of subdivision two of this section; or\n (b) be on duty or operate a for-hire vehicle having a seating capacity\nof nine or more passengers, including the driver, if by such person's\ngeneral appearance or by such person's conduct or by other\nsubstantiating evidence, such person appears to have consumed a drug,\ncontrolled substance or an intoxicating liquor within the preceding\neight hours before such driver operates such for-hire vehicle.\n 4. (a) Every motor carrier shall submit an affidavit to the\ncommissioner attesting to compliance with this section. Such affidavit\nshall be submitted annually beginning no later than six months after the\neffective date of this subdivision, in a manner prescribed by\nregulations established by the commissioner.\n (b) Where an affidavit is not submitted pursuant to this section, the\ncommissioner may, in his or her discretion, suspend the registration of\nthe for-hire vehicle or vehicles or deny registration or renewal to the\nfor-hire vehicle or vehicles owned or operated by the motor carrier.\nSuch suspension or denial shall only remain in effect as long as the\nmotor carrier fails to submit such affidavit.\n (c) The commissioner may require any motor carrier to pay to the\npeople of this state a civil penalty, if after the motor carrier has had\nan opportunity to be heard, the commissioner finds that the motor\ncarrier has violated any provision of this section or regulations\npromulgated pursuant to this section, or has made any false statement or\nmisrepresentation on any affidavit of compliance filed with the\ncommissioner. Any civil penalty assessed for a first violation shall not\nbe less than five hundred dollars nor greater than two thousand five\nhundred dollars for each violation, false statement or misrepresentation\
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