2023 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.
* NB Effective until September 1, 2024
* (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,  former  sections 130.45 and
130.50, sections 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.
* NB Effective September 1, 2024
* (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.
* NB Effective until September 1, 2024
* (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,  former  section  130.40,  sections  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.
* NB Effective September 1, 2024
(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.