New York Consolidated Law

Article 19 - NY Vehicle and Traffic Law

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• Vehicle and Traffic Law ›
• Title V ›
• Article 19

 S 509-a. Definitions.  As used in this article the term: (1) bus shall
  mean every motor vehicle, owned, leased, rented or otherwise  controlled
  by  a motor carrier, which (a) is a school bus as defined in section one
  hundred forty-two of this chapter or has a seating capacity of more than
  ten adult passengers in addition to the driver and which is used for the
  transportation of persons under the age of twenty-one or persons of  any
  age  who  are  mentally or physically disabled to a place of vocational,
  academic or religious instruction or religious service including nursery
  schools, day care centers and camps, (b) is required to obtain  approval
  to operate in the state as a common or contract carrier of passengers by
  motor vehicle from the commissioner of transportation, or the interstate
  commerce  commission,  (c) is regulated as a bus line by a city that has
  adopted an ordinance, local law or charter to regulate or franchise  bus
  line  operations  pursuant  to subdivision four of section eighty of the
  transportation law, (d) is regulated as a van service  or  other  common
  carrier  of  passengers  by motor vehicle covered under article seven of
  the transportation law by a city with a population of over  one  million
  pursuant  to  an  ordinance or local law adopted pursuant to subdivision
  five of section eighty of the transportation law or (e) is operated by a
  transit authority or municipality and is used to transport  persons  for
  hire. Provided, however, that bus shall not mean an authorized emergency
  vehicle  operated in the course of an emergency, or a motor vehicle used
  in the transportation of agricultural workers to and from their place of
  employment;
    (2) driver or bus  driver  shall  mean  every  person:    (i)  who  is
  self-employed  and  drives  a  bus  for  hire  or profit; or (ii) who is
  employed by a motor carrier and operates a bus owned, leased  or  rented
  by  such  employer;  or  (iii)  who as a volunteer drives a bus which is
  owned, leased or rented by  a  motor  carrier.  Provided,  however,  bus
  driver   shall  not  include  those  persons  who  are  engaged  in  the
  maintenance, repair or garaging of such buses and in the course of their
  duties must incidentally drive a bus without passengers, or  who,  as  a
  volunteer,  drive  a  bus with passengers for less than thirty days each
  year;
    (3) motor carrier shall mean any person, corporation, municipality, or
  entity, public or private, who directs one or more bus drivers  and  who
  operates  a  bus  wholly within or partly within and partly without this
  state in connection with the business  of  transporting  passengers  for
  hire  or in the operation or administration of any business, or place of
  vocational, academic or religious instruction or religious  service  for
  persons  under  the  age  of  twenty-one  or  persons of any age who are
  mentally disabled including nursery schools, day care centers and camps,
  or public  agency,  except  such  out-of-state  public  or  governmental
  operators who may be exempted from the provisions of this article by the
  commissioner through regulation promulgated by the commissioner;
    (4)  intoxicating  liquor  shall  mean  and include, alcohol, spirits,
  liquor, wine, beer and cider having alcoholic content;
    (5) drug shall mean  any  substance  listed  in  section  thirty-three
  hundred  six of the public health law not dispensed or consumed pursuant
  to a lawful prescription;
    (6) controlled substance shall mean any substance  listed  in  section
  thirty-three  hundred  six  of  the  public  health law not dispensed or
  consumed pursuant to lawful prescription.
    (7) accident shall include any accident with another  vehicle,  object
  or  person, which occurs in this state or elsewhere, in which any person
  is killed or injured, or in which damage to  the  property  of  any  one
  person,  including  the operator, in excess of one thousand five hundred
  dollars is sustained, or in which damage in excess of two thousand  five
  hundred  dollars  is  sustained  to  any  bus  as defined in section one
  hundred four of this chapter; provided however that accidents  occurring
  outside this state shall not be recorded on the driver's license record.

  S 509-b. Qualifications  of  bus  drivers.  Notwithstanding  any other
  provision of law, a person shall be qualified to operate a bus  only  if
  such person:
    (1) is at least eighteen years old;
    (2) has been issued a currently valid driver's license or permit which
  is valid for the operation of the bus in this state;
    (3)  has  passed  the  bus  driver  physical  examination administered
  pursuant to regulations established by the commissioner; and
    (4) is not disqualified to drive a motor vehicle pursuant  to  section
  five hundred nine-c or any other provision of this article.

   S 509-bb. Reexamination  of  bus drivers. (1) Any person employed as a
  bus driver who has on three occasions  been  the  operator  of  a  motor
  vehicle involved in an accident of a nature or type set forth in section
  five  hundred  nine-a  of  this  article,  where such accidents occurred
  within an eighteen-month period,  shall  be  subject  to  reexamination,
  including  a  road test, as provided in this section; provided, however,
  that if such person is subject to a period of disqualification  pursuant
  to  section five hundred nine-c or five hundred nine-cc of this article,
  such reexamination shall occur not more than forty-five  days  prior  to
  the  completion  of  such  period  of  disqualification;  and  provided,
  further, that accidents in which the driver was completely without fault
  shall not be included  in  determining  whether  such  reexamination  is
  required.
    (2) The commissioner may require any person who meets the criteria set
  forth  in  subdivision  one  of  this  section  to  submit  to  such  an
  examination as the commissioner shall deem appropriate.  Every  required
  road  test  shall be administered on an appropriate vehicle defined as a
  bus pursuant to section five hundred nine-a of this article.
    (3) For purposes of this section,  one  such  accident  shall  not  be
  counted  if  the  person successfully completes a motor vehicle accident
  prevention course approved by the commissioner.
    (4) Upon the failure  of  the  licensee  to  successfully  complete  a
  reexamination  authorized  by  this section, the commissioner shall take
  such reasonable action as may be required. Such action  may  consist  of
  imposing  restrictions  on  the  use  of  the  license  of  such person,
  suspending such license for a definite or indefinite period, or revoking
  such license. The commissioner may revoke or suspend for  an  indefinite
  period  the  license  of any person who after reasonable notice fails or
  refuses to submit to such reexamination. No  person  whose  license  has
  been  suspended  or  revoked  under  this  section shall be qualified to
  operate a bus until such person successfully completes  a  reexamination
  authorized by this section.
    (5)  Upon a driver's successful completion of a reexamination required
  by  this  section,  the  commissioner  shall  issue  an   eighteen-month
  probationary license to such driver and all of the provisions of section
  five hundred ten-b of this article shall apply.

   S 509-c. Disqualification  of  bus  drivers  generally. (1) Other than
  persons requiring qualification under section five  hundred  nine-cc  of
  this  chapter, a person employed as a bus driver on September fifteenth,
  nineteen hundred eighty-five and who was subject to  the  provisions  of
  this  article  as  it  existed  immediately  prior to September fifteen,
  nineteen hundred eighty-five, shall be disqualified from operating a bus
  as follows:
    (a) permanently, if that person has been  convicted  of  or  forfeited
  bond  or  collateral  which forfeiture order has not been vacated or the
  subject of an order of remission upon a  violation  of  section  130.30,
  130.35,  130.45,  130.50,  130.60,  or  130.65  of  the penal law, or an
  offense committed under a former section of the penal  law  which  would
  constitute a violation of the aforesaid sections of the penal law or any
  offense  committed  outside  of  this  state  which  would  constitute a
  violation of the aforesaid sections of the penal law, provided, however,
  the provisions  of  this  paragraph  shall  not  apply  to  convictions,
  suspensions  or  revocations or forfeitures of bonds for collateral upon
  any of the  charges  listed  in  this  paragraph  for  violations  which
  occurred   prior  to  September  first,  nineteen  hundred  seventy-four
  committed by a person employed as  a  bus  driver  on  September  first,
  nineteen  hundred  seventy-four.  However,  such disqualification may be
  waived provided that five years have expired  since  the  applicant  was
  discharged  or released from a sentence of imprisonment imposed pursuant
  to conviction of an offense that requires  disqualification  under  this
  paragraph  and  that the applicant shall have been granted a certificate
  of relief from disabilities or a certificate of good conduct pursuant to
  article twenty-three of the correction law.
    (b) for a period of five  years  from  the  date  of  last  conviction
  specified herein, if that person (i) has been convicted of any violation
  of  any subdivision of section eleven hundred ninety-two of this chapter
  or an offense committed outside this  state  which  would  constitute  a
  violation  of section eleven hundred ninety-two of this chapter, and the
  offense was committed while the driver was driving a bus in  the  employ
  of  a  motor carrier or in the furtherance of a commercial enterprise in
  interstate, intrastate or foreign commerce;
    (ii) has been twice convicted of a violation  of  any  subdivision  of
  section  eleven hundred ninety-two of this chapter or offenses committed
  outside this state which would constitute a violation of section  eleven
  hundred  ninety-two of this chapter, committed within the preceding five
  year period;
    (iii) has been twice convicted of a violation of  any  subdivision  of
  section  eleven  hundred  ninety-two  of  this  chapter,  or  an offense
  committed outside of this state which would constitute  a  violation  of
  any  subdivision  of  section eleven hundred ninety-two of this chapter,
  committed within any ten year period after September fifteenth, nineteen
  hundred eighty-five; or
    (iv) has been convicted of leaving the  scene  of  an  accident  which
  resulted  in  personal  injury or death under subdivision two of section
  six hundred of this chapter or an  offense  committed  outside  of  this
  state  which  would constitute a violation of subdivision two of section
  six hundred of this chapter. Such disqualification shall be for a period
  of three years if such conviction occurred prior to September fifteenth,
  nineteen hundred eighty-five; or
    (v) has been convicted of a violation  of  section  120.04,  120.04-a,
  125.13, 125.14 or 235.07 of the penal law.
    (c)  for  a  period of five years from the date of last conviction, if
  that person has been convicted of a violation of  subdivision  three  of
  section  five  hundred  eleven  of  this  chapter  on or after September
  fifteenth, nineteen hundred eighty-five;
    (d)  for  a period of one year, if that person has accumulated nine or
  more points on his or her driving record for acts that  occurred  during
  an  eighteen  month  period  on  or  after September fifteenth, nineteen
  hundred eighty-five, provided, however, that the disqualification  shall
  terminate if the person has reduced the points to less than nine through
  the successful completion of a motor vehicle accident prevention course.
    (e)  for  a  period  of one year, if that person was the operator of a
  motor vehicle involved in two or more accidents of a nature and type set
  forth in section  five  hundred  nine-a  of  this  article,  where  such
  accidents   occurred   within   an  eighteen-month  period  following  a
  reexamination conducted pursuant to section five hundred nine-bb of this
  article, provided that accidents in  which  the  driver  was  completely
  without  fault  shall  not  be  included  in  determining  whether  such
  disqualification is required;
    (f) for a period of one year, if that person fails to pass a road test
  administered pursuant to section five hundred nine-bb of  this  article;
  provided,  however,  that  such person shall be given the opportunity to
  complete a motor vehicle accident  prevention  course  approved  by  the
  commissioner  and  to  then  undergo  a  second  road  test administered
  pursuant to section five hundred  nine-bb  of  this  article,  and  such
  disqualification  shall  cease  if  such  person passes such second road
  test.
    (g) for the period that such person's license is revoked or  suspended
  for  violating  section  eleven hundred ninety-two of this chapter or an
  offense committed  outside  of  this  state  which  would  constitute  a
  violation  of  section  eleven  hundred ninety-two of this chapter. Such
  disqualification shall be for not less than six months.
    (2) All other bus drivers who are not subject to  subdivision  one  of
  this section shall be disqualified from operating a bus as follows:
    (a)  permanently,  if  that  person has been convicted of or forfeited
  bond or collateral which forfeiture order has not been  vacated  or  the
  subject  of  an  order  of remission upon a violation committed prior to
  September fifteenth, nineteen hundred eighty-five,  of  section  130.30,
  130.35,  130.45,  130.50,  130.60,  or  130.65  of  the penal law, or an
  offense committed under a former section of the penal  law  which  would
  constitute a violation of the aforesaid sections of the penal law or any
  offense  committed  outside  of  this  state  which  would  constitute a
  violation of the aforesaid sections of  the  penal  law.  However,  such
  disqualification  may  be  waived  provided that five years have expired
  since the applicant was  discharged  or  released  from  a  sentence  of
  imprisonment  imposed pursuant to conviction of an offense that requires
  disqualification under this paragraph and that the applicant shall  have
  been  granted a certificate of relief from disabilities or a certificate
  of good conduct pursuant to article twenty-three of the correction law.
    (b) for a period of five  years  from  the  date  of  last  conviction
  specified herein, if the person
    (i)  has  been  convicted of a violation of any subdivision of section
  eleven hundred ninety-two  of  this  chapter  or  an  offense  committed
  outside  this state which would constitute a violation of section eleven
  hundred ninety-two of this chapter, and the offense was committed  while
  the  driver was driving a bus in the employ of a motor carrier or in the
  furtherance of a commercial  enterprise  in  interstate,  intrastate  or
  foreign commerce;
    (ii)  has  been  twice  convicted of a violation of any subdivision of
  section  eleven  hundred  ninety-two  of  this  chapter  or  an  offense
  committed  outside  of this state within any ten year period on or after
  September  fifteenth,  nineteen   hundred   eighty-five,   which   would
  constitute  a  violation  of  section  eleven hundred ninety-two of this
  chapter; or
    (iii)  has  been  convicted  of leaving the scene of an accident which
  resulted in personal injury or death under subdivision  two  of  section
  six  hundred  of  this  chapter  or an offense committed outside of this
  state which would constitute a violation of subdivision two  of  section
  six hundred of this chapter; or
    (iv)  has  been  convicted of a violation of section 120.04, 120.04-a,
  125.13 or 235.07 of the penal law.
    (c) for a period of five years from the date of  last  conviction,  if
  that  person has been convicted of any violation of subdivision three of
  section five hundred eleven  of  this  chapter  on  or  after  September
  fifteenth, nineteen hundred eighty-five;
    (d)  for a period of one year, if that person accumulates nine or more
  points on his or  her  driving  record  for  acts  occurring  during  an
  eighteen  month  period,  provided,  however,  that the disqualification
  shall terminate if the person has reduced the points to less  than  nine
  through the successful completion of a motor vehicle accident prevention
  course.
    (e)  for  a  period  of one year, if that person was the operator of a
  motor vehicle involved in two or more accidents of a nature and type set
  forth in section  five  hundred  nine-a  of  this  article,  where  such
  accidents   occurred   within   an  eighteen-month  period  following  a
  reexamination conducted pursuant to section five hundred nine-bb of this
  article, provided that accidents in  which  the  driver  was  completely
  without  fault  shall  not  be  included  in  determining  whether  such
  disqualification is required;
    (f) for a period of one year, if that person fails to pass a road test
  administered pursuant to section five hundred nine-bb of  this  article;
  provided,  however,  that  such person shall be given the opportunity to
  complete a motor vehicle accident  prevention  course  approved  by  the
  commissioner  and  to  then  undergo  a  second  road  test administered
  pursuant to section five hundred  nine-bb  of  this  article,  and  such
  disqualification  shall  cease  if  such  person passes such second road
  test.
    (g) for the period that such person's license is revoked or  suspended
  for  violating  section  eleven hundred ninety-two of this chapter or an
  offense committed  outside  of  this  state  which  would  constitute  a
  violation  of  section  eleven  hundred ninety-two of this chapter. Such
  disqualification shall be for not less than six months.
    (3) A person shall be disqualified from operating a bus if that person
  has had any license, permit, or privilege to  operate  a  motor  vehicle
  suspended,  revoked,  withdrawn  or  denied  and such license, permit or
  privilege has not been reinstated  by  the  authority  which  took  such
  action. Provided, however, that the provisions of this subdivision shall
  not  apply to a person whose (i) license, permit or privilege to operate
  a motor vehicle cannot be reinstated because  of  non-residency  in  the
  state  in  which the license was suspended, revoked, withdrawn or denied
  or (ii) a person holds a conditional driver's license  or  a  restricted
  use  license  issued  by  the commissioner pursuant to the provisions of
  article  twenty-one  or  twenty-one-A  of  this  chapter,  and  is   not
  disqualified under any other provision of this article.

 S 509-cc. Disqualification  of  drivers  of school buses. (1) A person
  employed as a driver of a school bus as  defined  in  paragraph  (a)  of
  subdivision  one  of  section  five  hundred  nine-a  of this chapter on
  September fifteenth, nineteen hundred eighty-five and who was subject to
  the provisions of this  article  as  it  existed  immediately  prior  to
  September  fifteen,  nineteen  hundred  eighty-five, and was employed in
  this state as a driver of a school bus as defined in  paragraph  (a)  of
  subdivision  one  of  section five hundred nine-a of this chapter at any
  time during the first six months of nineteen hundred eighty-five,  shall
  be disqualified from operating a school bus as follows:
    (a) permanently, if that person
    (i)  has  been  convicted  of  or  forfeited  bond or collateral which
  forfeiture order has not been vacated or the  subject  of  an  order  of
  remission  upon  a  violation  committed  prior  to September fifteenth,
  nineteen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,
  130.60, or 130.65 of the penal law, or  an  offense  committed  under  a
  former  section  of  the penal law which would constitute a violation of
  the aforesaid sections of the penal law or any offense committed outside
  of this state which  would  constitute  a  violation  of  the  aforesaid
  sections  of  the  penal  law, provided, however, the provisions of this
  subparagraph shall not apply to convictions, suspensions or  revocations
  or forfeitures of bonds for collateral upon any of the charges listed in
  this  subparagraph  for  violations  which  occurred  prior to September
  first, nineteen hundred seventy-four committed by a person employed as a
  bus driver on September first, nineteen hundred  seventy-four.  However,
  such  disqualification  may  be  waived  provided  that  five years have
  expired since the applicant was discharged or released from  a  sentence
  of  imprisonment  imposed  pursuant  to  conviction  of  an offense that
  requires disqualification under this paragraph and  that  the  applicant
  shall  have  been granted a certificate of relief from disabilities or a
  certificate of good conduct pursuant  to  article  twenty-three  of  the
  correction  law.  When  the  certificate  is  issued  by  a  court for a
  conviction which occurred in this state, it shall only be issued by  the
  court  having  jurisdiction over such conviction. Such certificate shall
  specifically indicate that the authority granting such  certificate  has
  considered  the  bearing,  if  any, the criminal offense or offenses for
  which the person was convicted will have on the applicant's  fitness  or
  ability to operate a bus transporting school children to the applicant's
  prospective employment, prior to granting such a certificate; or
    (ii)  has  been  convicted  of  an  offense listed in paragraph (a) of
  subdivision four  of  this  section  that  was  committed  on  or  after
  September   fifteenth,   nineteen  hundred  eighty-five.  However,  such
  disqualification may be waived by the commissioner  provided  that  five
  years have expired since the applicant was discharged or released from a
  sentence  of  imprisonment  imposed pursuant to conviction of an offense
  that  requires  disqualification  under  this  paragraph  and  that  the
  applicant   shall  have  been  granted  a  certificate  of  relief  from
  disabilities or a  certificate  of  good  conduct  pursuant  to  article
  twenty-three  of the correction law. When the certificate is issued by a
  court for a conviction which occurred in this state, it  shall  only  be
  issued  by  the  court  having  jurisdiction  over such conviction. Such
  certificate shall specifically indicate that the authority granting such
  certificate has considered the bearing, if any, the criminal offense  or
  offenses for which the person was convicted will have on the applicant's
  fitness  or ability to operate a bus transporting school children, prior
  to granting such a certificate; or
    (iii) has been convicted of an offense  listed  in  paragraph  (b)  of
  subdivision  four  of  this  section  that  was  committed  on  or after
  September  fifteenth,  nineteen  hundred  eighty-five.   However,   such
  disqualification  shall  be waived provided that five years have expired
  since  the  applicant  discharged  or  released  from  a   sentence   of
  imprisonment  imposed pursuant to conviction of an offense that requires
  disqualification under this paragraph and that the applicant shall  have
  been  granted a certificate of relief from disabilities or a certificate
  of good conduct pursuant to article twenty-three of the correction  law.
  When  the  certificate  is  issued  by  a  court  for a conviction which
  occurred in this state, it shall only be  issued  by  the  court  having
  jurisdiction  over  such conviction. Such certificate shall specifically
  indicate that the authority granting such certificate has considered the
  bearing, if any, the criminal offense or offenses for which  the  person
  was convicted will have on the applicant's fitness or ability to operate
  a   bus   transporting   school  children,  prior  to  granting  such  a
  certificate.  Provided,  however,  that  at  the   discretion   of   the
  commissioner,  the  certificate  of  relief from disabilities may remove
  disqualification at any time; or
    (b) for a period of five  years  from  the  date  of  last  conviction
  specified herein, if that person
    (i)  has  been convicted within the preceding five years of an offense
  listed in paragraph (c) of subdivision four of  this  section  that  was
  committed on or after September fifteenth, nineteen hundred eighty-five.
  However,  such  disqualification  shall  be  waived  provided  that  the
  applicant has been granted a certificate of relief from disabilities  or
  a  certificate  of  good conduct pursuant to article twenty-three of the
  correction law. When  the  certificate  is  issued  by  a  court  for  a
  conviction  which occurred in this state, it shall only be issued by the
  court having jurisdiction over such conviction. Such  certificate  shall
  specifically  indicate  that the authority granting such certificate has
  considered the bearing, if any, the criminal  offense  or  offenses  for
  which  the  person was convicted will have on the applicant's fitness or
  ability to operate a bus transporting school children, prior to granting
  such a certificate;
    (ii) has been convicted of any violation  of  section  eleven  hundred
  ninety-two  of  this  chapter or an offense committed outside this state
  which would constitute a violation of section eleven hundred  ninety-two
  of  this  chapter,  and  the  offense was committed while the driver was
  driving a bus in the employ of a motor carrier or in the furtherance  of
  a commercial enterprise in interstate, intrastate or foreign commerce;
    (iii)  has  been  twice convicted of a violation of any subdivision of
  section eleven hundred ninety-two of this chapter or offenses  committed
  outside  this state which would constitute a violation of section eleven
  hundred ninety-two of this chapter, committed within the preceding  five
  year period;
    (iv)  has  been  twice  convicted of a violation of any subdivision of
  section eleven  hundred  ninety-two  of  this  chapter,  or  an  offense
  committed  outside  of  this state which would constitute a violation of
  any subdivision of section one thousand one hundred ninety-two  of  this
  chapter, committed within any ten year period after September fifteenth,
  nineteen hundred eighty-five; or
    (v)  has  been  convicted  of  leaving  the scene of an accident which
  resulted in personal injury or death under section six hundred  of  this
  chapter  or  an  offense  committed  outside  of  this state which would
  constitute a violation of section six hundred of this chapter.
    (c) for a period of five years from the date of  last  conviction,  if
  that  person  has  been convicted of a violation of subdivision three of
  section five hundred eleven  of  this  chapter  on  or  after  September
  fifteenth, nineteen hundred eighty-five;
    (d)  for  a period of one year, if that person has accumulated nine or
  more points on his or her driving record for acts that  occurred  during
  an  eighteen  month  period  on  or  after September fifteenth, nineteen
  hundred eighty-five, provided, however, that the disqualification  shall
  terminate if the person has reduced the points to less than nine through
  the successful completion of a motor vehicle accident prevention course.
    (e)  for a period of one year, if that person or was the operator of a
  motor vehicle involved in two or more accidents of a nature and type set
  forth in section  five  hundred  nine-a  of  this  article,  where  such
  accidents   occurred   within   an  eighteen-month  period  following  a
  reexamination conducted pursuant to section five hundred nine-bb of this
  article, provided that accidents in  which  the  driver  was  completely
  without  fault  shall  not  be  included  in  determining  whether  such
  disqualification is required;
    (f) for a period of one year, if that person fails to pass a road test
  administered pursuant to section five hundred nine-bb of  this  article;
  provided,  however,  that  such person shall be given the opportunity to
  complete a motor vehicle accident  prevention  course  approved  by  the
  commissioner  and  to  then  undergo  a  second  road  test administered
  pursuant to section five hundred  nine-bb  of  this  article,  and  such
  disqualification  shall  cease  if  such  person passes such second road
  test.
    (g) for the period that such person's license is revoked or  suspended
  for  violating  section  eleven hundred ninety-two of this chapter or an
  offense committed  outside  of  this  state  which  would  constitute  a
  violation  of  section  eleven  hundred ninety-two of this chapter. Such
  disqualification shall be for not less than six months.
    (2) All other school bus drivers who are not  subject  to  subdivision
  one  of  this  section  shall  be  disqualified  from operating a bus as
  follows:
    (a) permanently, if that person  has  been  convicted  of  an  offense
  listed  in  paragraph  (a) of subdivision four of this section. However,
  such disqualification may be waived by the  commissioner  provided  that
  five  years  have expired since the applicant was discharged or released
  from a sentence of imprisonment imposed pursuant  to  conviction  of  an
  offense that requires disqualification under this paragraph and that the
  applicant   shall  have  been  granted  a  certificate  of  relief  from
  disabilities or a  certificate  of  good  conduct  pursuant  to  article
  twenty-three  of the correction law. When the certificate is issued by a
  court for a conviction which occurred in this state, it  shall  only  be
  issued  by  the  court  having  jurisdiction  over such conviction. Such
  certificate shall specifically indicate that the authority granting such
  certificate has considered the bearing, if any, the criminal offense  or
  offenses for which the person was convicted will have on the applicant's
  fitness  or ability to operate a bus transporting school children to the
  applicant's  prospective  employment,   prior   to   granting   such   a
  certificate.
    (b)  permanently,  if  that  person  has  been convicted of an offense
  listed in paragraph (b) of subdivision four of  this  section.  However,
  such  disqualification  shall  be  waived  provided that five years have
  expired since the applicant was incarcerated pursuant to a  sentence  of
  imprisonment   imposed   on  conviction  of  an  offense  that  requires
  disqualification under this paragraph and that the applicant shall  have
  been  granted a certificate of relief from disabilities or a certificate
  of good conduct pursuant to article twenty-three of the correction  law.
  When  the  certificate  is  issued  by  a  court  for a conviction which
  occurred in this state, it shall only be  issued  by  the  court  having
  jurisdiction  over  such conviction. Such certificate shall specifically
  indicate that the authority granting such certificate has considered the
  bearing, if any, the criminal offense or offenses for which  the  person
  was convicted will have on the applicant's fitness or ability to operate
  a   bus   transporting   school  children,  prior  to  granting  such  a
  certificate.  Provided,  however,  that  at  the   discretion   of   the
  commissioner   the   certificate   of  relief  from  disabilities  or  a
  certificate of good conduct pursuant  to  article  twenty-three  of  the
  correction law may remove disqualification at any time.
    (c)  for  a  period  of  five  years  from the date of last conviction
  specified herein, if that person
    (i) has been convicted within the preceding five years of  an  offense
  listed  in  paragraph  (c) of subdivision four of this section. However,
  notwithstanding the provisions of subdivision  three  of  section  seven
  hundred one of the correction law. Such disqualification shall be waived
  provided  that  the  applicant  has been granted a certificate of relief
  from disabilities or a certificate of good conduct pursuant  to  article
  twenty-three  of the correction law. When the certificate is issued by a
  court for a conviction which occurred in this state, it  shall  only  be
  issued  by  the  court  having  jurisdiction  over such conviction. Such
  certificate shall specifically indicate that the authority granting such
  certificate has considered the bearing, if any, the criminal offense  or
  offenses for which the person was convicted will have on the applicant's
  fitness  or ability to operate a bus transporting school children, prior
  to granting such a certificate.
    (ii) has been convicted of a violation of any subdivision  of  section
  eleven  hundred  ninety-two  of  this  chapter  or  an offense committed
  outside of this state which would  constitute  a  violation  of  section
  eleven hundred ninety-two of this chapter, and the offense was committed
  while  the  driver was driving a bus in the employ of a motor carrier or
  in the furtherance of a commercial enterprise in interstate,  intrastate
  or foreign commerce;
    (iii)  has  been  twice convicted of a violation of any subdivision of
  section  eleven  hundred  ninety-two  of  this  chapter  or  an  offense
  committed  outside  of this state within any ten year period on or after
  September  fifteenth,  nineteen   hundred   eighty-five,   which   would
  constitute  a  violation  of  section  eleven hundred ninety-two of this
  chapter; or
    (iv) has been convicted of leaving the  scene  of  an  accident  which
  resulted  in  personal  injury or death under subdivision two of section
  six hundred of this chapter or an  offense  committed  outside  of  this
  state  which  would constitute a violation of subdivision two of section
  six hundred of this chapter; or
    (v) has been convicted of a violation  of  section  120.04,  120.04-a,
  125.13, 125.14 or 235.07 of the penal law.
    (d)  for  a  period of five years from the date of last conviction, if
  that person has been convicted of a violation of  subdivision  three  of
  section  five  hundred  eleven  of  this  chapter  on or after September
  fifteenth, nineteen hundred eighty-five;
    (e) for a period of one year, if that person accumulates nine or  more
  points  on  his  or  her  driving  record  for  acts occurring during an
  eighteen month period,  provided,  however,  that  the  disqualification
  shall  terminate  if the person has reduced the points to less than nine
  through the successful completion of a motor vehicle accident prevention
  course.
    (f) for a period of one year, if that person was  the  operator  of  a
  motor vehicle involved in two or more accidents of a nature and type set
  forth  in  section  five  hundred  nine-a  of  this  article, where such
  accidents  occurred  within  an  eighteen-month   period   following   a
  reexamination conducted pursuant to section five hundred nine-bb of this
  article,  provided  that  accidents  in  which the driver was completely
  without  fault  shall  not  be  included  in  determining  whether  such
  disqualification is required;
    (g) for a period of one year, if that person fails to pass a road test
  administered  pursuant  to section five hundred nine-bb of this article;
  provided, however, that such person shall be given  the  opportunity  to
  complete  a  motor  vehicle  accident  prevention course approved by the
  commissioner and  to  then  undergo  a  second  road  test  administered
  pursuant  to  section  five  hundred  nine-bb  of this article, and such
  disqualification shall cease if such  person  passes  such  second  road
  test.
    (h)  for the period that such person's license is revoked or suspended
  for violating section eleven hundred ninety-two of this  chapter  or  an
  offense  committed  outside  of  this  state  which  would  constitute a
  violation of section eleven hundred ninety-two  of  this  chapter.  Such
  disqualification shall be for not less than six months.
    (3) A person shall be disqualified from operating a school bus if that
  person  has  had  any  license,  permit, or privilege to operate a motor
  vehicle suspended, revoked, withdrawn or denied and such license, permit
  or privilege has not been reinstated by the authority  which  took  such
  action. Provided, however, that the provisions of this subdivision shall
  not  apply to a person whose (i) license, permit or privilege to operate
  a motor vehicle cannot be reinstated because  of  non-residency  in  the
  state  in  which the license was suspended, revoked, withdrawn or denied
  or (ii) a person holds a conditional driver's license  or  a  restricted
  use  license  issued  by  the commissioner pursuant to the provisions of
  article  twenty-one  or  twenty-one-A  of  this  chapter,  and  is   not
  disqualified under any other provision of this article.
    (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
  of  subdivision one and paragraph (a) of subdivision two of this section
  that result in permanent disqualification  shall  include  a  conviction
  under  sections  125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
  125.25, 125.26, 125.27, 130.30, 130.35, 130.45, 130.50, 130.65,  130.66,
  130.67,  130.70, 130.75, 130.80, 130.90, 130.95, 130.96, 135.25, 150.20,
  230.30, 230.32, 230.34, 235.22, 263.05, 263.10, 263.11,  263.15,  263.16
  of  the  penal law or an attempt to commit any of the aforesaid offenses
  under section 110.00 of the penal law, or any offenses committed under a
  former section of the penal law which would constitute violations of the
  aforesaid sections of the penal law, or any offenses  committed  outside
  this  state  which would constitute violations of the aforesaid sections
  of the penal law.
    (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
  subdivision  one  and  paragraph  (b) of subdivision two of this section
  that result in permanent disqualification  shall  include  a  conviction
  under  sections  100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
  125.11,  130.40,  130.53,  130.60,  130.65-a,  135.20,  160.15,  220.18,
  220.21,  220.39,  220.41,  220.43, 220.44, 230.25, 260.00, 265.04 of the
  penal law or an attempt to commit any of the  aforesaid  offenses  under
  section  110.00  of  the  penal  law,  or any offenses committed under a
  former section of the penal law which would constitute violations of the
  aforesaid sections of the penal law, or any offenses  committed  outside
  this  state  which would constitute violations of the aforesaid sections
  of the penal law.
    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
  of  this  section  that  result in disqualification for a period of five
  years shall include a conviction under sections 100.10, 105.13,  115.05,
  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
  125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
  140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
  220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
  230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,  245.00,
  260.10,  subdivision  two of section 260.20 and sections 260.25, 265.02,
  265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal  law  or  an
  attempt  to commit any of the aforesaid offenses under section 110.00 of
  the penal law, or any similar offenses committed under a former  section
  of  the  penal  law, or any offenses committed under a former section of
  the penal  law  which  would  constitute  violations  of  the  aforesaid
  sections  of the penal law, or any offenses committed outside this state
  which would constitute violations of the aforesaid sections of the penal
  law.
    (5) As a part of such determination concerning whether  an  individual
  is  disqualified  from  operating a school bus pursuant to this section,
  the department shall submit a prospective driver's fingerprints  to  the
  division  of  criminal  justice  services  for  a state criminal history
  record check, as defined in subdivision one of  section  three  thousand
  thirty-five  of  the  education law, and may submit such fingerprints to
  the federal bureau of investigation  for  a  national  criminal  history
  record check.
 
   S 509-d. Qualification  procedures  for  bus  drivers,  maintenance of
  files and availability to subsequent employers. (1) Before  employing  a
  new bus driver a motor carrier shall:
    (i)  require  such person to pass a medical examination to drive a bus
  as provided in section five hundred nine-g of this article;
    (ii) obtain a driving record from  the  appropriate  agency  in  every
  state  in  which  the  person  resided  or worked and/or held a driver's
  license or learner's permit during the preceding three years in a manner
  prescribed by the commissioner;
    (iii) investigate the person's employment record during the  preceding
  three years in a manner prescribed by the commissioner.
    (2)   Investigations   and  inquiries  of  drivers  of  school  buses;
  maintenance of file; availability to subsequent employer.  (a)  A  motor
  carrier  shall  request  the  department  to initiate a criminal history
  check for persons employed as drivers of school  buses,  as  defined  in
  paragraph  (a) of subdivision one of section five hundred nine-a of this
  chapter, on September fourteenth, nineteen hundred eighty-five  by  such
  motor  carrier,  in  accordance  with regulations of the commissioner by
  requiring  such  school  bus  drivers  to   submit   to   the   mandated
  fingerprinting  procedure.  The  department  of  motor  vehicles  at the
  request of the motor carrier shall initiate a criminal history check  of
  all  current  school  bus drivers of such motor carrier as well as those
  hired on or after September fifteenth, nineteen hundred  eighty-five  by
  requiring  such  drivers  and  applicants  to  submit  to  the  mandated
  fingerprinting procedure as part of the school bus driver  qualification
  procedure.  Such fingerprinting procedure and the related fee as well as
  a procedure for the return of such fingerprints upon  application  of  a
  person  who  has  terminated  employment as a school bus driver shall be
  established in  accordance  with  regulations  of  the  commissioner  in
  consultation  with  the commissioner of the division of criminal justice
  services. The fee to be paid by or on behalf of the school bus driver or
  applicant shall be no more than  five  dollars  over  the  cost  to  the
  commissioner  for the criminal history check. No cause of action against
  the department, the division  of  criminal  justice  services,  a  motor
  carrier   or   political   subdivision   for   damages  related  to  the
  dissemination of criminal history records pursuant to this section shall
  exist  when  such  department,  division,  motor  carrier  or  political
  subdivision  has  reasonably  and in good faith relied upon the accuracy
  and completeness of criminal history  information  furnished  to  it  by
  qualified  agencies.  Fingerprints submitted to the division of criminal
  justice services pursuant to this subdivision may also be  submitted  to
  the  federal  bureau  of  investigation  for a national criminal history
  record check.
    (b) After a motor carrier has completed the procedures  set  forth  in
  paragraph  (a)  this  of subdivision, it shall designate each new school
  bus driver as a conditional school bus driver as defined in section five
  hundred nine-h of this article, until  the  carrier  is  in  receipt  of
  information  of  the  new  school  bus  driver's  qualification from the
  department and the required driving records from each appropriate  state
  agency.  If  the  information received indicates that there is a pending
  criminal   offense   or   driving   violation   that    would    require
  disqualification  of  a  school bus driver under this article, the motor
  carrier shall require the applicant to provide documentation  evidencing
  the  disposition  of  such  offense  or  violation  in  accordance  with
  regulations established by the commissioner. The department, upon notice
  of disqualification to  an  applicant,  shall  include  in  such  notice
  information  regarding  the  applicant's right to appeal and contest any
  claimed ground for disqualification. Such notice shall also  advise  the
  applicant  of  his or her right to obtain, examine, inspect and copy any
  information used by the department in support of  its  determination  of
  disqualification. In the event the applicant contests the existence of a
  criminal  conviction  in  his  or  her  name, such applicant may provide
  documentation evidencing the disposition of such offense or violation in
  accordance with regulations established by the commissioner.
    (3) Each motor carrier shall retain  the  following  records  in  each
  driver's   file  for  a  period  of  three  years,  in  accordance  with
  regulations established by the commissioner:
    (i) a driver abstract of operating record provided by  the  department
  and  the  written  information  provided  by  the  appropriate agency of
  another state for each twelve month period;
    (ii)   replies   from   the   department   regarding   the    driver's
  qualifications,  as  well  as, any subsequent information concerning any
  pending criminal charges against such driver;
    (iii) the initial qualifying medical examination form and the biennial
  medical examination form completed by the carrier's physician;
    (iv) the annual defensive driving review forms completed  pursuant  to
  section five hundred nine-g of this article; and
    (v)  the  completed  biennial  behind-the-wheel  examination  forms as
  required under section five hundred nine-g of this article.
    (4) Each motor carrier shall notify the commissioner on the  form  and
  in  the manner established by regulation of the commissioner, within ten
  days, of the date on which a bus driver commences employment, leaves the
  carrier's employ or is disqualified. Such notification shall be provided
  in accordance with regulations established by the commissioner and shall
  include any information the  motor  carrier  has  relative  to  the  bus
  driver's  disqualification, including any information regarding criminal
  charges pending against the driver for violations which would disqualify
  the driver if a conviction resulted.
    (5) Each motor  carrier  shall  furnish  the  department,  by  October
  fifteenth,  nineteen  hundred  eighty-five,  a  list  of all bus drivers
  employed  on  September  fourteenth,  nineteen  hundred  eighty-five  in
  accordance with regulations established by the commissioner.
    (6) Each motor carrier shall furnish the department within ten days of
  receipt, with a copy of each bus driver's out-of-state driving record it
  has  obtained,  if  such  driver  resides  in another state, or has been
  employed in such other state within the past three years.
    (7) Each motor carrier shall prepare a report setting forth:  (a)  the
  number of miles travelled by buses operated by such motor carrier in the
  preceding  twelve  months;  (b)  the number of convictions and accidents
  involving any driver employed by such motor carrier during the preceding
  twelve months, as reported to such  carrier  pursuant  to  section  five
  hundred  nine-f  of  this chapter; and (c) the number of convictions and
  accidents per ten thousand miles travelled. Such report shall  be  filed
  with  the  department  as  an  attachment to the affidavit of compliance
  required by subdivision (c) of  section  five  hundred  nine-j  of  this
  chapter,  and  a  copy  of  such  report  shall be made available by the
  carrier to any person upon request.

  S 509-e. Annual review of driving record. Each motor carrier shall, at
  least  once  every  twelve months, review the driving record of each bus
  driver it  employs  to  determine  whether  that  driver  meets  minimum
  requirements  for  safe driving and is qualified to drive a bus pursuant
  to section five hundred nine-b of this article. In reviewing  a  driving
  record, the motor carrier must consider any evidence that the bus driver
  has  violated  applicable provisions of the vehicle and traffic law. The
  motor carrier must also consider the driver's accident  record  and  any
  evidence  that  the  driver has violated laws governing the operation of
  motor vehicles, such as speeding, reckless driving, and operating  while
  under  the  influence of alcohol or drugs, that indicate that the driver
  has exhibited a disregard for the safety of the public. Such information
  shall be recorded in the employer's record.

   S 509-f. Record of violations. Each motor carrier shall, at least once
  every  twelve  months, require each bus driver it employs to prepare and
  furnish it with a list of all violations of motor vehicle  traffic  laws
  and  ordinances  (other than violations involving only parking) of which
  the driver has been convicted or on account of which  he  has  forfeited
  bond  or  collateral  and all accidents of a nature or type set forth in
  section five hundred nine-a of this article  in  which  the  driver  was
  involved  during  the preceding twelve months whether such violations or
  accidents occurred in this state or elsewhere. Such information shall be
  recorded in the employer's record.

  S 509-g. Examinations  and tests. Each motor carrier shall require the
  following from each driver it employs:
    1. A biennial examination pursuant to regulations established  by  the
  commissioner,  by  a  physician,  a  certified nurse practitioner to the
  extent authorized by  law  and  consistent  with  the  written  practice
  agreement  pursuant  to  subdivision  three of section six thousand nine
  hundred two of the education law, or a  registered  physician  assistant
  who  is  not  the  personal  physician,  nurse practitioner or physician
  assistant of the driver. Included shall be a requirement  to  conduct  a
  vision test pursuant to regulations issued by the commissioner.
    2.  An  annual  check  of  the  applicant's past driving record, and a
  personal interview.
    3. Regular observation of the driver's defensive  driving  performance
  while  operating  his  vehicle  with passengers by competent supervisory
  employees of the carrier, or by competent outside supervisory personnel,
  with written reports of the observations performed to be  maintained  in
  the driver's file.
    4.  A  biennial  behind-the-wheel  driving test conducted by competent
  supervisory personnel of the carrier, or competent  outside  supervisory
  personnel,  to  include defensive driving performance. Such driving test
  may be conducted during the driver's normal daily operations  and  shall
  also include:
    (1) Pretrip inspection.
    (2) Placing the vehicle in operation.
    (3) Use of the vehicle's controls and emergency equipment.
    (4) Operating the vehicle in traffic and while passing other vehicles.
    (5) Turning the vehicle.
    (6) Braking and slowing the vehicle by means other than braking.
    (7) Backing and parking the vehicle.
    5.  In  addition  to the provisions outlined above, all motor carriers
  shall require each driver biennially  to  complete  a  written  or  oral
  examination  testing  his  knowledge of the rules of the road, defensive
  driving practices and the laws regulating driving a bus in  this  state.
  Such  examination  may  be  conducted  during  the driver's normal daily
  operations.

    S 509-h. Operation  by  person  not licensed to drive a bus. The motor
  carrier shall not knowingly permit any person to operate a bus  carrying
  passengers  unless  the  driver  meets  all  of the requirements of this
  article; except that a motor carrier may permit a conditional school bus
  driver who is not otherwise disqualified under the  provisions  of  this
  article  to  operate  a  bus for a period not to exceed ninety days or a
  longer period if granted a written extension of such ninety  day  period
  by   the   department   pursuant   to  regulations  established  by  the
  commissioner. Such regulation shall authorize  extension  for  at  least
  that  period of time necessary to review information regarding the prior
  criminal history of the applicant.

   S 509-i. Notification  of  a  conviction resulting from a violation of
  this chapter in this state or a  motor  vehicle  conviction  in  another
  state and license revocation. 1. A driver who receives a notice that his
  or  her license, permit or privilege to operate a motor vehicle has been
  revoked, suspended or withdrawn or who is convicted of  a  violation  of
  such  provisions  of this chapter as shall constitute a misdemeanor or a
  felony in any jurisdiction shall notify the motor carrier  that  employs
  such person of the contents of the notice before the end of the business
  day  following  the  day  he  or  she received it. A driver who fails to
  notify his or her employer of such suspension, revocation or  conviction
  of  a violation of such provisions of this chapter as shall constitute a
  misdemeanor or a felony shall be subject  to  a  five  (5)  working  day
  suspension,  or  a  suspension  equivalent to the number of working days
  such driver was not  in  compliance  with  this  article,  whichever  is
  longer.
    1-a.  A  driver  who  is  convicted  of  a  traffic  infraction in any
  jurisdiction shall notify his or her employer within  five  (5)  working
  days  from  the  date of conviction. A driver who fails to notify his or
  her employer of such conviction within the five (5) working  day  period
  shall  be  subject  to  a  five  (5)  working  day suspension; provided,
  however, that a first such infraction occurring on or  before  September
  sixteenth,  nineteen hundred eighty-six, shall not subject such violator
  to the said suspension.
    1-b. A driver who is involved in an accident of a nature or  type  set
  forth in section five hundred nine-a of this article in any jurisdiction
  shall  notify his or her employer within five working days from the date
  of the accident. A driver who fails to notify his  or  her  employer  of
  such  accident  within the five working day period shall be subject to a
  five working day suspension.
    2. Any driver who is convicted of an offense listed  in  section  five
  hundred  nine-c  of  this article that would disqualify such driver from
  operating a bus shall provide notice of such conviction  in  writing  by
  the  following  business  day  to  the  motor  carrier that employs such
  person. The motor carrier shall not  permit  any  driver  who  fails  to
  provide such notice to operate a bus.
    3.  The  commissioner  upon  receipt  of  information  that a driver's
  license, permit or  privilege  to  operate  a  motor  vehicle  has  been
  revoked,  suspended or withdrawn in this state or elsewhere shall notify
  all motor carriers who have notified the commissioner of the  employment
  of  such  driver; and may, if requested by a political subdivision which
  contracts  with  a  motor  carrier  for  the  transportation  of  school
  children, provide such notice to the political subdivision.
    4.  In  addition  to  the  requirements  of  subdivision three of this
  section,  the  commissioner  shall  notify  the  motor  carrier  of  any
  conviction   for  any  traffic  violation  or  accident  resulting  from
  operation of a motor vehicle against a bus driver employed by the  motor
  carrier,  shall  require payment of the fee necessary to defray the cost
  of the notification, and shall require all motor carriers  to  establish
  an escrow account with the department which shall be used to pay for the
  costs  incurred by the department when it informs the motor carrier of a
  driver's conviction or accident; and may, if requested  by  a  political
  subdivision  which contracts with a motor carrier for the transportation
  of school children, provide such notice to the political subdivision.

  S 509-j. Compliance  required.  (a) Every motor carrier, its officers,
  agents, representatives, and employees responsible for  the  management,
  maintenance,  operation  or  driving  of  motor vehicles, or the hiring,
  supervising, training, assigning, or dispatching of  drivers,  shall  be
  instructed in and comply with this article.
    (b)  Nothing  contained  herein  shall  prevent  a  motor  carrier  or
  political  subdivision  from  imposing  qualifications  that  are   more
  stringent  than  those contained in this article or from disqualifying a
  person who has been issued  a  conditional  or  restricted  use  license
  pursuant to the provisions of article twenty-one or twenty-one-A of this
  chapter.
    (c)  Every motor carrier shall submit an affidavit to the commissioner
  attesting to compliance with  this  article.  Such  affidavit  shall  be
  submitted  annually,  in  a  manner  prescribed  by  regulations  of the
  commissioner, and shall include as an attachment thereto a copy  of  the
  report  required  by subdivision seven of section five hundred nine-d of
  this chapter.
    (d) Notwithstanding any provision of any other article  of  this  law,
  where  an  affidavit  is  not  submitted  pursuant  to this section, the
  commissioner may, in his discretion, suspend  the  registration  of  the
  vehicle  or  the vehicles or deny registration or renewal to the vehicle
  or vehicles owned or operated by the motor carrier or suspend the  motor
  carrier's  privilege  of  operation  in  this  state. Such suspension or
  denial shall only remain in effect as long as the motor carrier fails to
  submit such affidavit.
    (e) The commissioner or any person deputized by the commissioner,  may
  require  any  motor  carrier  to pay to the people of this state a civil
  penalty, if after the motor carrier has had an opportunity to be  heard,
  the commissioner finds that the motor carrier has violated any provision
  of  this  article  or  regulations  promulgated therein, or has made any
  false statement or misrepresentation  on  any  affidavit  of  compliance
  filed  with the commissioner or with respect to violations of paragraphs
  (i) and (ii) of subdivision one, paragraphs (a) and (b)  of  subdivision
  two,  and  subdivisions  three,  four  and  five of section five hundred
  nine-d, section five hundred nine-g, section  five  hundred  nine-h  and
  subdivision  two  of  section  five  hundred  nine-l of this article the
  commissioner may in lieu of or in addition to a  civil  penalty  suspend
  all of a motor carrier's registrations. Any civil penalty assessed for a
  first  violation shall not be less than five hundred dollars nor greater
  than two  thousand  five  hundred  dollars  for  each  violation,  false
  statement  or  representation  found to have been made or committed, and
  for a second or subsequent  violation,  not  arising  out  of  the  same
  incident,  all  of  which  were  committed  within  a period of eighteen
  months, shall not be less than five hundred  dollars  nor  greater  than
  five   thousand   dollars   for   each  violation,  false  statement  or
  representation found to have been made or committed. If  the  registrant
  fails  to  pay such penalty within twenty days after the mailing of such
  order, postage prepaid, certified and addressed to the last known  place
  of  business of such registrant, unless such order is stayed by an order
  of a court of competent jurisdiction, the commissioner  may  revoke  the
  vehicle   registrations  or  out  of  state  registration  privilege  of
  operation in the state of such motor carrier or may suspend the same for
  such periods as the commissioner may determine. Civil penalties assessed
  under this subdivision shall be paid to  the  commissioner  for  deposit
  into  the state treasury, and unpaid civil penalties may be recovered by
  the commissioner in a civil action in the name of the commissioner.
    (f) As an alternative to civil action under subdivision  (e)  of  this
  section  and  provided that no proceeding for judicial review shall then
  be pending and the time for initiation of  such  proceeding  shall  have
  expired,  the  commissioner may file with the county clerk of the county
  in which the registrant is located a final  order  of  the  commissioner
  containing  the amount of the penalty assessed. The filing of such final
  order shall have the same force and effect as a judgment  duly  docketed
  in  the  office of a county clerk and may be enforced in the same manner
  and with the same effect as that provided by law.
    (g)  Upon  the  suspension  of  a  vehicle  registration  pursuant  to
  subdivision  (d) or (e) of this section, the commissioner 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 the commissioner has reasonable grounds to believe that
  such registration or renewal will  have  the  effect  of  defeating  the
  purposes  of  this  article.  Such  suspension or denial shall remain in
  effect only as long as the suspension entered  pursuant  to  subdivision
  (d) or (e) of this section remains in effect.

  S 509-k. Ill or fatigued operator. No driver shall operate a bus and a
  motor  carrier  shall  not  permit  a  driver to operate a bus while the
  driver's ability or alertness is so impaired, or  so  likely  to  become
  impaired,  through  fatigue,  illness  or any other cause, as to make it
  unsafe for him to begin or continue to operate the bus. At  the  request
  of the driver or the motor carrier such illness, fatigue, or other cause
  shall  be  certified  by  a qualified physician.   However, in a case of
  grave emergency where the hazard to occupants of the bus or other  users
  of  the  highway would be increased by compliance with this section, the
  driver may continue to operate the bus to the  nearest  place  at  which
  that hazard is removed.

    S 509-l. Drugs,  controlled  substance and intoxicating liquor. 1.  No
  person shall:
    (a) consume a drug, controlled substance or  an  intoxicating  liquor,
  regardless  of  its  alcoholic  content, or be under the influence of an
  intoxicating liquor or drug, within six hours before going  on  duty  or
  operating, or having physical control of a bus, or
    (b)  consume  a  drug, controlled substance or an intoxicating liquor,
  regardless of its alcoholic content while on duty, or operating,  or  in
  physical control of a bus, or
    (c)  possess  a  drug, controlled substance or an intoxicating liquor,
  regardless of its alcoholic content  while  on  duty,  operating  or  in
  physical  control  of  a  bus. However, this paragraph does not apply to
  possession of a drug, controlled substance  or  an  intoxicating  liquor
  which  is  transported  as  part  of a shipment or personal effects of a
  passenger or to alcoholic beverages which are in sealed containers.
    2. No motor carrier shall require or permit a driver to:
    (a) violate any provision of subdivision one of this section; or
    (b) be on  duty  or  operate  a  bus  if,  by  such  person's  general
  appearance  or  by  such  person's  conduct  or  by other substantiating
  evidence, such person  appears  to  have  consumed  a  drug,  controlled
  substance or an intoxicating liquor within the preceding six hours.

  S 509-m. Duties  of  the  department. The department of motor vehicles
  shall:
    1. At least once every three years, review the  bus  driver  files  of
  each  motor carrier, provided, however, that the commissioner may review
  such bus driver files at his discretion at any other time during regular
  business hours.
    2. Establish regulations and forms for the orderly  administration  of
  and  compliance with this article. Regulations shall also be established
  which are  necessary  for  implementation  of  the  process  for  appeal
  pursuant  to  subdivision  two  of  section  five hundred nine-d of this
  article.
    3. Provide each motor carrier with notice whenever one of the  drivers
  of  such  motor  carrier  has  received  revocation  or  suspension of a
  driver's license, learner's permit or privilege to operate.
    4. Provide a motor carrier who has complied with the  requirements  of
  subdivision  four  of  section  five hundred nine-i of this article with
  information on any employee of the motor carrier regarding a  conviction
  for a violation of this chapter.
    5.  Upon receipt of the criminal history record report of a school bus
  driver, notify the motor carrier of disqualification of an applicant  or
  school  bus driver which would or could disqualify such driver under the
  provisions of section five hundred nine-cc of this article. Notification
  to the carrier  shall  be  without  specification  of  the  grounds  for
  disqualification,  those grounds to be made available only to the school
  bus driver or his or her representative.
    6. In order to effectuate the provisions of  this  article,  establish
  procedures,  by  regulation,  to  conduct  curbside  verification of bus
  driver and motor carrier identity to determine whether or not such motor
  carrier has notified the commissioner of the bus driver's employment  as
  required  by  subdivision  four  of  section five hundred nine-d of this
  article and whether or not such motor  carrier  has  compiled  with  the
  provisions   of  this  article  and  with  any  regulations  promulgated
  thereunder; provided, however, such verifications shall be conducted  so
  as not to disrupt the flow of traffic or endanger public safety.
    7.  The  commissioner  shall  prepare  and  distribute  a form for the
  provision of objective data concerning the  driving  history  of  a  bus
  driver  who is subject to regulation under this article. Such form shall
  be completed by current or former employers of such bus drivers upon the
  request of a prospective or subsequent employer.

  S 509-n. Exempt  carriers;  reporting requirements. 1. A motor carrier
  subject to the motor carrier regulations of the United States department
  of transportation will be exempt from all of  the  annual  and  biennial
  requirements  of  this  article,  except  the  annual  requirement which
  mandates that an affidavit of compliance be filed with the commissioner,
  provided that (i) such motor carrier does not operate in  this  state  a
  school  bus  as defined in section one hundred forty-two of this chapter
  or a bus used for  the  transportation  of  persons  under  the  age  of
  twenty-one or persons of any age who are mentally disabled to a place of
  vocational,  academic  or  religious  instruction  or  religious service
  including nursery schools, day care centers and camps or (ii) such motor
  carrier did not operate in the state during the previous  calendar  year
  more  than one hundred days or more than ten thousand bus vehicle miles.
  Provided, however, for the purpose of  this  subdivision  a  school  bus
  shall  not  mean  a bus operated by a motor carrier subject to the motor
  carrier regulations of the United States department  of  transportation,
  that  occasionally  transports  pupils  or  persons  of  any age who are
  mentally disabled and who are not residents of this state on  chaperoned
  chartered trips in New York state.
    2.  A  motor  carrier  subject to the motor carrier regulations of the
  United States department of transportation who is not exempt pursuant to
  the provisions of subdivision one of  this  section  may  apply  to  the
  commissioner  for  a  waiver  for  those  bus  drivers, other than those
  drivers who operate a school bus  as  defined  in  section  one  hundred
  forty-two  of  this  chapter  or  a  bus  used for the transportation of
  persons under the age of twenty-one to a place of  vocational,  academic
  or  religious  instruction  or  service including schools and camps, who
  operate a bus in this state  less  than  thirty  days  each  year.  Such
  application  shall  include  a  description of a training and qualifying
  program which  has  demonstrated  the  motor  carrier's  procedures  for
  qualifying bus drivers. Such program shall include an appropriate health
  and  driving  record  review  and  such  other  information  as shall be
  required by the commissioner to satisfy the intent of this article in an
  effective manner.
    3. The annual affidavit of compliance required under  subdivision  one
  shall certify to the commissioner that the motor carrier does not employ
  a  bus  driver  who  would  operate  a  bus in New York state and who is
  disqualified under section five hundred nine-c of this article, and also
  shall certify the number of days and vehicle miles of bus  service  that
  the  carrier  provided in the state during the previous calendar year. A
  motor carrier exempted by this section shall furnish to the commissioner
  upon request any records concerning drivers required to be kept  by  the
  motor   carrier   regulations   of   the  United  States  department  of
  transportation within ten days of receipt of such request. Failure of  a
  motor  carrier  to  furnish  such  records  requested within the ten day
  period shall be a violation of this article.

  S 509-o. Penalties. Upon conviction for the violation of any provision
  of  this  article the court shall impose a sentence consisting of a fine
  of not less than one hundred dollars nor more  than  two  hundred  fifty
  dollars.

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