2023 New York Laws › VAT - Vehicle and Traffic › Title 5 - Drivers' Licenses › Article 19-A - Special Requirements for Bus Drivers › 509-D - Qualification Procedures for Bus Drivers, Maintenance of Files and Availability to Subsequent Employers.

§ 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.
(5-a)  Every  motor carrier shall furnish the department, beginning no
later than July first, two thousand twenty-one and annually  thereafter,
a  list of each altered motor vehicle commonly referred to as a "stretch
limousine", if any, designed to carry nine or more passengers  including
the  driver  that  such  motor  carrier  operates  pursuant to operating
authority issued by the commissioner of  transportation,  including  the
vehicle  identification  number  and  registration  number  of each such
altered motor vehicle, and a list of  all  drivers  such  motor  carrier
employs who drive such altered motor vehicles and whether such driver is
qualified or has been disqualified to operate such altered motor vehicle
pursuant to this article.
(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.