NY Veh & Traf L § 509-CC (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 19-A - Special Requirements for Bus Drivers 509-CC - Disqualification of Drivers of School Buses.

§ 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,  230.34-a,  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,  subdivision  two of section 222.50, subdivision two  of  section  222.55,  230.00,  230.05,  230.06, 230.11,  230.12, 230.13, 230.19, 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.