NY Veh & Traf L § 509-N (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 19-A - Special Requirements for Bus Drivers 509-N - Exempt Carriers; Reporting Requirements.

§ 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.