2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 19-A - Special Requirements for Bus Drivers › 509-C - Disqualification of Bus Drivers Generally.

§ 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.