New York Consolidated Law
Vehicle and Traffic Law
Article 19 - NY Vehicle and Traffic Law
SPECIAL REQUIREMENTS FOR BUS DRIVERS
Section |
Description |
509-a | Definitions. |
509-b | Qualifications of bus drivers. |
509-bb | Reexamination of bus drivers. |
509-c | Disqualification of bus drivers generally. |
509-cc | Disqualification of drivers of school buses. |
509-d | Qualification procedures for bus drivers, maintenance of files and availability to subsequent employers. |
509-e | Annual review of driving record. |
509-f | Record of violations. |
509-g | Examinations and tests. |
509-h | Operation by person not licensed to drive a bus. |
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. |
509-j | Compliance required. |
509-k | Ill or fatigued operator. |
509-l | Drugs, controlled substance and intoxicating liquor. |
509-m | Duties of the department. |
509-n | Exempt carriers; reporting requirements. |
509-o | Penalties. |
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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