PUBLIC TESTIMONY
Testimony by Zach Miller, Director of Metro Region Operations at Trucking Association of New York
2:00:01
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125 sec
Zach Miller, representing the Trucking Association of New York, testified about concerns with the Citizens Air Complaint Program. While not condoning unnecessary idling, he highlighted issues with the program's implementation and effectiveness in changing behavior.
- Criticized the lack of due process, with complaints arriving an average of 9 months after violations and hearings scheduled 9 months later
- Pointed out difficulties in preparing defenses due to delayed notifications and limited access to evidence
- Highlighted the absence of a mechanism to transfer liability, which is particularly problematic for rental and leasing companies
Zach Miller
2:00:01
My name is Zach Miller.
2:00:02
I'm the director of Metro Region Operations for the Trucking Association of New York.
2:00:06
I testified today regarding the system's air complaint program and the myriad ways it has gone off the rails.
2:00:11
I must start off with though by saying that we do not condone unnecessary idling.
2:00:16
Enforcement is a key tool to be deployed when an operator is doing something they should not be doing We even agree with much of what the commissioner said today.
2:00:23
However, the key to successful enforcement is not to create a profitable cottage industry, but to permanently and positively change behavior.
2:00:30
This program excels in the former and fails in the latter.
2:00:33
Of immediate concern is the lack of due process.
2:00:36
On average, complaints arrive 9 months after the violation was issued, and the hearing is scheduled 9 months after that.
2:00:42
This severely impacts fleets and driver's ability to prepare a defense.
2:00:45
By the time the driver that time, the driver may no longer be with the company, may not be able to recall the events of the day, or the customer that was being serviced may no longer be in operation.
2:00:54
Another significant impediment to do process is a lack of access to evidence needed for a thorough defense.
2:01:00
Videos or specific details of the complaint are often absent from the summons.
2:01:03
Respondants must ask for videos in advance of the hearing.
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Sometimes that request is granted.
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Sometimes it is not.
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When it is granted, the video link is only active for 3 days.
2:01:12
In fact, I recently saw a ticket issued to the wrong fleet.
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The fleet tried for months to explain this to DEP with no response.
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Finally, on the hearing date, the video clearly showed a vehicle belonging to a different company.
2:01:23
Every other camera issued ticket in New York City is received in a timely manner a link to the video or a picture is included with the summons allowing police to decide if they wish to fight the ticket or pay in a timely manner.
2:01:34
Speaking of which, in every other enforcement program, from parking tickets, camera tickets, way in motion tickets, there is a built in mechanism to transfer liability.
2:01:42
Which does not exist here.
2:01:43
This is especially burdensome on rental and leasing companies as well as fleets utilizing independent contractors.
2:01:48
This prevents summonses going to the libel party, which paints them as repeat violators even though they are operating the equipment.
2:01:55
And each one of the point, the points raised from due process to access of evidence to treasury liability, it makes this program purely punitive while limiting the ability to end up.
2:02:05
Thank you.
2:02:06
Thank you.
James F. Gennaro
2:02:06
And I I will point that because a lot of people are are are bringing this up My bill would mandate that people who are being accused get to see all the evidence.
