reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 5 - Vision Requirements And Periodic Vision Reexaminations › Section 5.5 - Additional requirements for telescopic lens wearers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person who meets minimum visual acuity
				  standards as set forth in subdivision (c) of section
				  5.3  of
				  this Part must pass a road test examination if he had not taken a road test
				  wearing his telescopic lenses. The commissioner may in his discretion waive a
				  road test reexamination for a telescopic lens wearer upon renewal.
(b) Basic training requirements. Minimum
				  training requirements for telescopic lens wearers shall include the following:
(1) The person has been trained so that he
				  can locate stationary objects within the telescopic field by aligning the
				  object directly below the telescopic lens and then moving his head down and his
				  eyes up simultaneously.
(2) The
				  person has been trained so that he has mastered the ability of locating a
				  moving object in a large field of vision by anticipating future movement, so
				  that by moving his head and eyes in a coordinated fashion he can locate the
				  moving object within the telescopic field.
(3) The person has been trained to remember
				  what he has seen after a brief exposure, with the duration of exposure
				  diminished constantly to simulate short looking time while driving.
(4) The person has experienced levels of
				  illumination such as daylight, dusk and nighttime.
(5) The person has experienced walking, and
				  riding as a passenger in a motor vehicle, so that he has actually experienced
				  moving while objects are changing position.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 5 - Vision Requirements And Periodic Vision Reexaminations › Section 5.6 - Renewal of licenses

Current through Register Vol. 46, No. 28, July 10, 2024
The license of a person who is required to submit to a
					 vision reexamination will not be renewed until satisfactory evidence of meeting
					 the minimum vision requirements is submitted as required by this
					 Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 5 - Vision Requirements And Periodic Vision Reexaminations › Section 5.7 - Restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a person
				  applying for an original driver's license cannot meet the minimum visual
				  requirements except with the aid of corrective lenses or telescopic lenses, a
				  license with an appropriate restriction shall be issued. However, a person may
				  qualify for only a class D or class DJ driver license if it is necessary for
				  him to utilize telescopic lenses to meet the minimum visual acuity standards,
				  except that such class D or DJ driver license shall not be valid for the
				  operation of class B or C limited use motorcycles. In addition, a class M or MJ
				  driver license will not be issued to a person who must utilize telescopic
				  lenses to meet the minimum visual acuity standards.
(b) Upon application for renewal, if a person
				  required to submit to a vision reexamination holds a license which is not
				  restricted to operation with corrective lenses or telescopic lenses, and such
				  person cannot meet the minimum visual requirements except with the aid of
				  corrective lenses or telescopic lenses, a renewal license with an appropriate
				  restriction shall be issued. If at renewal, a person's visual acuity has
				  diminished to the extent that he must utilize telescopic lenses to meet the
				  minimum visual acuity standards, he will be required to convert his New York
				  driver license to the class D or class DJ driver license classification, except
				  such license will not be valid for the operation of class B or C limited use
				  motorcycles.
(c) Upon application
				  for renewal, if a person required to submit to a vision reexamination holds a
				  license which is restricted to operation with corrective lenses or telescopic
				  lenses, and such person can meet the minimum visual requirements without the
				  use of such lenses, such person shall be entitled to file an application to
				  have that restriction removed from his renewal license. Such application shall
				  not require a fee.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 5 - Vision Requirements And Periodic Vision Reexaminations › Section 5.9 - Voluntary vision reexaminations

Current through Register Vol. 46, No. 28, July 10, 2024
A person who does not have in his possession a license
					 renewal application may not submit to a voluntary vision reexamination.
					 However, the provisions of this section shall not prohibit any licensee from
					 applying for a vision reexamination for the purpose of removing a "vision
					 related" restriction. The provisions of this section do not apply to a periodic
					 vision reexamination required by the commissioner as a condition of the
					 license.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 5 - Vision Requirements And Periodic Vision Reexaminations › Section 5.10 - Disqualification

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any of the provisions of this Part, if the
					 department has received notification that the applicant or licensee has been
					 certified legally blind, such certification may provide grounds for refusal to
					 issue an original or renewal driver license and any current driver license or
					 learner's permit may be suspended.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › General › Section 6.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Article 19-A was enacted to further highway safety by
						creating standards for the qualification of bus drivers. A person shall not be
						permitted to operate a bus unless he or she is qualified as provided in the
						article and this Part promulgated thereunder. This Part implements the purpose
						of article 19-A. It is not intended to be construed to nullify any contractual
						agreements between a motor carrier and its employees which are not in conflict
						with the law or this Part. This Part provides a comprehensive guide to enable a
						motor carrier to comply with the requirements of article 19-A.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › General › Section 6.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions shall apply to this
						Part:
(a)
Bus.
Bus
shall mean every motor vehicle
						owned, leased, rented or otherwise controlled by a motor carrier which:
(1) is a school bus as defined in subdivision
					 (b) of this section;
(2) is
					 required to obtain approval to operate in the State as a common or contract
					 carrier of passengers by motor vehicle from the New York State Department of
					 Transportation, or the U.S. Department of Transportation or the Interstate
					 Commerce Commission;
(3) is
					 regulated as a bus line by a city that has adopted an ordinance, local law or
					 charter to regulate or franchise bus line operations pursuant to section 80(4)
					 of the New York State Transportation Law;
(4) is regulated as a van service or other
					 common carrier of passengers by motor vehicle covered under article 7 of the
					 New York State Transportation Law by a city with a population of over one
					 million pursuant to an ordinance or local law adopted pursuant to section 80(5)
					 of the New York State Transportation Law; or
(5) is operated by a transit authority or
					 municipality and is used to transport persons for hire. Provided, however, that
bus
shall not mean an authorized emergency vehicle operated in
					 the course of an emergency, or a motor vehicle used in the transportation of
					 agricultural workers to and from their place of employment. (Note: Whenever the
					 term
bus
is used in this Part, it shall refer to the above
					 definition of a
bus
.)
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Initial Employment Investigations and Inquiries for All Bus Drivers › Section 6.4 - Qualification of school bus drivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the qualification
					 procedures which must be followed for each bus driver and the forms which must
					 be submitted for each bus driver as set forth in section
					 6.3 
					 of this Part, any motor carrier which employs a driver who operates a school
					 bus as defined in section
					 6.2(b) 
					 of this Part must require such driver to be fingerprinted as required by
					 section 509-d  of the Vehicle and Traffic
					 Law.
(b)
Previously
					 fingerprinted drivers.
School bus drivers previously fingerprinted by a former
						carrier which employed them in accordance with this Part, may not need to be
						refingerprinted by a new employer/carrier. Verification of prior fingerprinting
						must be made by contacting the BDU. If it is verified, the completed article
						19-A driver application form (DS-870) is the only item which should be
						submitted for that driver.
(c)
"Conditional" school bus
					 driver.
Pending criminal history clearance, the motor carrier
						shall classify each new school bus driver as conditionally hired for a period
						not to exceed 90 days from the date of hiring. Such period may only be extended
						with the written permission of the BDU.
(d) The BDU is authorized by law to access
					 criminal conviction records maintained in the file of DCJS and the FBI
					 identification division, for the purposes of determining an individual's
					 qualification for employment as a driver of a school bus operating in New York
					 State.
(1) If the department receives
					 notification from DCJS or the FBI that the driver has a criminal conviction
					 which will disqualify him or her as set forth in section
					 6.28 
					 of this Part, it shall advise the driver, motor carrier, and/or school
					 district/contractor of such disqualification. Upon receipt of such notice of
					 disqualification, the motor carrier shall not permit the person to operate a
					 school bus.
(2) If the department
					 receives notification from DCJS or the FBI that the school bus driver has a
					 pending criminal offense which could disqualify the person upon conviction, it
					 shall advise the driver, motor carrier and/or school district/contractor of
					 such possible disqualification, but shall not specify the offense. The motor
					 carrier and/or school district shall require the applicant to provide
					 documentation to the BDU upon disposition of such offense, consisting of an
					 original document, not a copy, with the seal of the court and the signature of
					 the presiding justice or court clerk.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Initial Employment Investigations and Inquiries for All Bus Drivers › Section 6.5 - Transfers, drivers already qualified

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The motor carrier which is hiring the
					 driver must complete and submit to the BDU the article 19-A driver application
					 (DS-870) for the driver within 10 days of hiring a new driver, provided
					 however, an electronic carrier must notify the BDU within 10 days of hiring a
					 new driver and retain a copy of the DS-870 and the transaction receipt in such
					 driver's file.
(b) The motor
					 carrier which was the former employer must complete and submit to the BDU the
					 article 19-A bus driver add/drop notice (DS-885) for the driver within 10 days
					 of the driver's date of leaving its employ, provided however, an electronic
					 carrier must notify the BDU within 10 days of the date the driver leaves its
					 employ and retain the transaction receipt in such driver's file.
(c) School bus drivers who already have been
					 fingerprinted for a DCJS and FBI review and have been qualified by DMV do not
					 need to be refingerprinted. However, verification of prior fingerprinting must
					 be made with the BDU. (See section
					 6.4[b] 
					 of this Part.)
(d) If the annual or
					 biennial procedures have been completed by the former employer for a driver who
					 is transferring to another motor carrier, the new carrier which has obtained
					 the 19-A records for such former employer does not have to complete those
					 procedures until such driver is scheduled to be tested on his/her annual or
					 biennial cycle.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Initial Employment Investigations and Inquiries for All Bus Drivers › Section 6.6 - Leave of absence requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
					 drivers who are permanently leaving the carriers service, the motor carrier
					 must complete the article 19-A bus driver add/drop notice (DS-885) indicating
					 the driver's date of separation. The DS-885 must be mailed to the BDU within 10
					 days of the effective date of such separation, provided however, an electronic
					 carrier must notify the BDU within 10 days of the date of separation and retain
					 the transaction receipt in such driver's file.
(b) For drivers who are temporarily leaving
					 the carrier's service and whose absence will interfere with carriers ability to
					 conduct the annual and biennial procedures, the carrier will complete the
					 article 19-A bus driver add/drop notice (DS-885) and mail it to the BDU. This
					 must be done within 10 days of the effective date of such leave, provided
					 however, an electronic carrier must notify the BDU within 10 days of the
					 effective date of such leave and retain the transaction receipt in such
					 driver's file.
(c) For drivers
					 being reinstated after a temporary leave or being reinstated by the same
					 carrier at any time, the carrier must complete the article 19-A bus driver
					 add/drop notice (DS-885) indicating reinstatement and mail it to the BDU within
					 10 days of the date of reinstatement, provided however, an electronic carrier
					 must notify the BDU within 10 days of reinstatement of such driver and retain
					 the transaction receipt in such driver's file. Any annual and biennial
					 procedures which were required to be performed during the driver's leave should
					 be conducted within 30 days of the date of reinstatement, provided however, a
					 motor carrier must conduct a behind the wheel examination within 30 days of
					 re-hiring a driver who has not been employed by any carrier for at least one
					 year. Annual and biennial procedures not due during the period of leave shall
					 be conducted on the dates previously assigned for the driver.
EXCEPTION:
					 IF A MEDICAL EXAMINATION WAS DUE DURING THE LEAVE PERIOD SUCH MEDICAL EXAM
					 SHALL BE CONDUCTED
BEFORE
THE DRIVER IS PERMITTED TO RESUME
					 HIS OR HER DUTIES TO DRIVE.
(d) A motor carrier which employs drivers on
					 a short-term seasonal basis must establish annual and biennial procedure
					 schedules effective with the original date of hire, provided however, a motor
					 carrier must conduct a behind the wheel examination within 30 days of re-hiring
					 a driver who has not been employed by any carrier for at least one
					 year.
(e) A copy of the article
					 19-A bus driver add/drop notice (DS-885) must be filed in the record of drivers
					 listed on such form.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Initial Employment Investigations and Inquiries for All Bus Drivers › Section 6.7 - New company

Current through Register Vol. 46, No. 28, July 10, 2024
Newly established bus carriers must provide the following
						to the New York State Department of Motor Vehicles, BDU, Empire State Plaza,
						Albany, NY 12228-0220:
(a) A completed
					 article 19-A application (DS-879), article 19-A motor carrier accident and
					 conviction notification program application (DS-19) and the article 19-A school
					 district/other contract notice (DS-870.1), if applicable. The forms must be
					 complete and provide information about the carrier, the school districts,
					 camps, nursery schools, day care centers, or mental health facilities and any
					 other contracts served by the carrier.
(b) The complete corporate identification
					 including Federal, State, and State education (if applicable) identification
					 numbers, or "doing business as" or partnership forms filed with the appropriate
					 county clerk. The names and identification of all motor carrier operations
					 acquired including motor carriers operating as DBAs (doing business as. .
					 .).
(c) Certification that the
					 carrier is qualifying all drivers in accordance with section
					 6.3 
					 of this Part, and if the drivers are school bus drivers, that they are being
					 fingerprinted in accordance with section
					 6.4 
					 of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Annual Procedures for Motor Carriers › Section 6.9 - Annual affidavit of compliance

Current through Register Vol. 46, No. 28, July 10, 2024
Carriers are required to affirm their compliance to
						article 19-A by July 1st of each year. Failure to submit an acceptable and
						correct affidavit of compliance as specified on the affidavit form may result
						in suspension of all the vehicle registrations and the motor carrier's
						privilege of operation in this State. Such affidavit shall include the report
						required by section
						6.8(d) 
						of this Part.
(a) The Department of
					 Motor Vehicles will provide the carrier with the affidavit of compliance
					 (DS-3), instructions for completing the annual affidavit of compliance
					 (DS-3.1), a listing of the drivers currently reported to the BDU by the motor
					 carrier, and the annual statistical report required by section
					 6.8(d) 
					 of this Part. Electronic carriers shall submit the affidavit of compliance
					 according to procedures prescribed by the BDU.
(b) The carrier will review the listing of
					 drivers, verify that all of the current drivers' names and addresses are listed
					 and that all drivers are qualified. The carrier will provide a corrected list
					 of drivers to the department if needed:
(1)
					 for drivers no longer in the carrier's employment, complete article 19-A bus
					 driver add/drop notice (DS-885) and attach it to the DS-3;
(2) for drivers who do not appear on the
					 list, submit article 19-A driver application (DS-870), with the completed
					 affidavit (DS-3); school bus drivers must be electronically fingerprinted prior
					 to the completion of the DS-870.
NOTE:
A carrier is required to update its roster whenever an
						employee is hired or terminated.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Biennial Procedures for Motor Carriers › Section 6.11 - Biennial behind-the-wheel driving tests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A biennial behind-the-wheel driving test
					 shall be conducted by an individual certified by the Department of Motor
					 Vehicles (see section
					 6.13 
					 of this Part). Such driving test shall be given in accordance with the
					 following instructions. A driver is not a qualified driver if he or she fails
					 the road test. A driver will remain disqualified until this road test is
					 passed.
(b) A biennial
					 behind-the-wheel road test may be conducted during the driver's normal work day
					 schedule. The biennial behind-the-wheel road test shall be conducted in a
					 representative vehicle of the type appropriate to the highest class of vehicle
					 operated by a driver for a particular carrier and such carrier must maintain a
					 record in its files of the vehicle in which such driver was tested and the
					 highest class of vehicle such driver operates for such carrier. If a driver
					 operates a vehicle for more than one carrier, such driver must be tested by
					 each carrier in the highest class vehicle operated by the driver for such
					 carrier. A motor carrier must test a driver within 30 days of hiring or
					 rehiring such driver, in accordance with this subdivision, and then biennially
					 thereafter. Tests, including the pre-trip inspection will be conducted in
					 accordance with the requirements of this section, and the results recorded on
					 the biennial behind-the-wheel road test form (DS-875) as prescribed by the
					 Department of Motor Vehicles. The pre-trip inspection shall include a check of
					 air brakes and may also include an inspection of any of the following:
					 validation of vehicle stickers, check lights, horn, heater, defroster,
					 emergency equipment, seats, gauges, mirrors and seat belts.
The biennial behind-the-wheel road test may not be
						  combined with, nor conducted on the same day as the annual defensive driving
						  performance test.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Biennial Procedures for Motor Carriers › Section 6.12 - Biennial oral or written examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Biennial oral or written examinations
					 shall be administered by an individual who has been certified by the Department
					 of Motor Vehicles. (See section
					 6.13 
					 of this Part.) Examination questions will be provided by the Department of
					 Motor Vehicles to the carrier and shall be in such form as the commissioner
					 shall determine. The carrier shall provide the driver with access to a copy of
					 the current New York State driver's and commercial driver's manuals, and a copy
					 of this Part so that these reference materials may be used in conjunction with
					 the drivers completion of the written/oral tests. (See DS-875.)
(b) The oral test form or summary of the oral
					 test form and results shall be kept in the employee's file and should contain
					 the name of the employee, the name and number of the certified examiner, the
					 date of the examination, the number of test questions the employee answered
					 correctly, as well as the employee's final grade on the examination.
(c) Notification to the BDU is required
					 within 10 days when a driver has failed to pass either the biennial
					 behind-the-wheel driving test or the biennial oral or written examination, and
					 has completed and failed the re-examination procedures as set forth in section
					 6.15(a) 
					 of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Examiners Certified by the Department of Motor Vehicles › Section 6.13 - Certified examiners and related carrier responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any individual conducting any of the
					 examinations required by sections
					 6.8(c),
					 defensive driving performance; 6.11, biennial behind-the-wheel driving test;
					 and 6.12, the biennial oral or written examination, of this Part must be
					 certified by the Department of Motor Vehicles or be a motor vehicle license
					 examiner. In order to be certified, an individual must have an acceptable
					 driving record (no more than six points accumulated on his or her abstract of
					 operating record within the preceding 18-month period). Such individual must
					 have a valid driver's license with the appropriate endorsements and must be
					 properly licensed in the class in which he or she will be testing drivers as
					 required under this Part, provided however, an examiner who holds a CDL C class
					 license may conduct a behind the wheel driving test of the holder of a class B
					 license if such test is conducted in a class C-type vehicle. (Note: Such
					 individual is not required to hold an "S" endorsement). In addition, the
					 individual must complete and submit an application for certified examiner,
					 along with supporting documentation, if applicable, to the DMV and must meet
					 the following qualifications:
(1) A person
					 must have a minimum of two years of experience in driver training and
					 evaluation of the driving ability of others; and either:
(i) have successfully completed a college
					 level course with a minimum of four credit hours in driver education
					 instruction and have, within the preceding three years, a minimum of 18 months
					 experience in the operation of the type of vehicle in which he or she will be
					 testing while in the employ of an article 19-A motor carrier; or
(ii) have successfully completed a course in
					 driver training and traffic safety approved by the commissioner for the purpose
					 of becoming a 19-A certified examiner, and have, within the preceding three
					 years, a minimum of 18 months experience in the operation of the type of
					 vehicle in which he or she will be testing while in the employ of an article
					 19-A carrier.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Out-of-State Carriers › Section 6.14 - Out-of-state carriers; reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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 Part, except
					 the annual requirement which mandates that an affidavit of compliance be filed
					 with the commissioner, provided that such carrier is exempt pursuant to section 509-n  of the Vehicle and Traffic
					 Law.
(b) The annual affidavit of
					 compliance required under subdivision (a) of this section shall certify to the
					 commissioner that the motor carrier does not employ a bus driver who would
					 operate a bus in New York State who is disqualified under sections
					 6.27 
					 and/or 6.28 of this Part, 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. Such certification shall be forwarded to the BDU by July
					 1st of each year. A motor carrier exempted by this
					 section shall furnish to the commissioner's designee upon request any records
					 concerning drivers required to be kept by the motor carrier regulations of the
					 U.S. DOT within 10 days of receipt of such request. Failure of a motor carrier
					 to furnish such records requested within the 10-day period shall be a violation
					 of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.16 - Reproduction of forms

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All forms
					 referred to in this Part are provided by the Department of Motor Vehicles and
					 cannot be changed or altered.
(b) A
					 motor carrier will be sent an initial supply of the forms referred to in this
					 Part.
(c) Forms may be photocopied
					 as needed, but must be of acceptable quality.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.17 - Conviction and Accident Notification Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A motor carrier shall participate in the
					 Conviction and Accident Notification Program which will notify such carrier of
					 any conviction or accident resulting from operation of a motor vehicle in New
					 York as well as certain other out-of-state convictions by a bus driver employed
					 by the motor carrier.
(b) To
					 participate in such program a motor carrier must write to the BDU which will
					 provide the carrier with an application for entry into the program and advise
					 the carrier concerning the amount of money such carrier will have to place in
					 escrow with the department to establish and maintain an escrow
					 account.
(c) The department
					 reserves the right to increase the minimum escrow balance for a carrier if it
					 becomes evident after a reasonable period of time that the escrow balance is
					 insufficient to cover the average amount of notices generated to such a carrier
					 by the department.
(d) The
					 department will provide a monthly statement noting the escrow balance and
					 amount of money necessary to replenish such minimum escrow balance, unless
					 there has been no activity for a period of three months.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.18 - Curbside verification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agents
					 of the commissioner shall conduct curbside verification of a vehicle as defined
					 in section
					 6.2(a) and
					 (b), or of driver as defined in section
					 6.2(d),
					 or of a motor carrier as defined in section
					 6.2(e) 
					 of this Part to determine:
(1) the identity of
					 the registrant and owner of the vehicle;
(2) the vehicles' registration and insurance
					 status;
(3) the identity of the
					 driver;
(4) the status and validity
					 of the drivers license;
(5) the
					 drivers' qualification and compliance with article 19-A;
(6) the identity of the motor carrier;
					 or
(7) the motor carriers'
					 qualification and compliance with article 19-A.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.19 - Records motor carriers are required to have on file

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A motor carrier must keep all records
					 with respect to original employment of a bus driver in the employee's file. All
					 records and employee files must be kept for a minimum period of three years
					 plus the current year by the motor carrier. All completed forms and
					 examinations required to be kept in the employee's file pursuant to this Part
					 are subject to inspection by Department of Motor Vehicles' authorized agents.
					 In addition, all completed examination forms must be in the employee's file
					 except when the motor carrier has received written permission from the
					 commissioner exempting such carrier from keeping a copy of all completed
					 examinations in the employee's file. (Note: If the examinations required by
					 this Part have been conducted by one motor carrier within the time periods
					 specified by this Part, they may be utilized by a second motor carrier who also
					 employs or has employed the same bus driver. Reports obtained by the second
					 carrier must be retained in accordance with section
					 6.5 
					 of this Part.)
(b) Unless waived by
					 the commissioner's designee pursuant to section
					 6.14 
					 of this Part, a motor carrier must keep the following items in each employee's
					 file:
(1) A copy of the application for the
					 position of bus driver, the article 19-A driver application form (DS-870)
					 (
i.e.,
for all drivers hired after July 1, 1985).
(2) The original annual review of employee's
					 driving record form (DS-872), plus an abstract from this State and, if
					 applicable, copies of abstracts from all other states and statements of
					 personal interview.
(3) The
					 original annual observation of defensive driving performance form
					 (DS-873).
(4) The original initial
					 qualifying medical examination form (DS-874), biennial (annual for school bus
					 drivers) physical examination form (DS-874), and all appropriate medical
					 re-examination or medical follow-up reports.
(5) The original biennial oral and/or written
					 examination (DS-875X) and score sheet (DS-875Y).
(6) The original biennial behind-the-wheel
					 examination form (DS-875).
(7) All
					 communications from the Department of Motor Vehicles regarding driver's
					 qualifications, disqualifications, requalifications, criminal history clearance
					 for school bus drivers; and any subsequent correspondence regarding a driver's
					 compliance under article 19-A including any add/drop notice form DS-885 on each
					 driver.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.20 - Bus drivers not properly licensed

Current through Register Vol. 46, No. 28, July 10, 2024
The motor carrier shall not knowingly permit any person
						to operate a bus carrying passengers unless such operator has fulfilled the
						requirements of sections
						6.3,
						6.8,
						6.10,
						6.11,
						and
						6.12 
						of this Part. All bus drivers must possess a commercial driver license issued
						by a state or province that meets the requirements of the Federal Commercial
						Motor Vehicle Safety Act of 1986.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.21 - Notification of an accident or a conviction resulting from a violation of the Vehicle and Traffic Law or a motor vehicle conviction in another state and license revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 driver who receives a notice that his or her license, permit or privilege to
					 operate a motor vehicle has been revoked, suspended or withdrawn or who is
					 convicted of a violation of such provisions of this Part as shall constitute a
					 misdemeanor or a felony in any jurisdiction shall notify the motor carrier that
					 employs such person of the contents of the notice before the end of the
					 business day following the day he or she received it. A driver who fails to
					 notify his or her employer of such suspension, revocation or conviction of a
					 violation of such provisions of this Part as shall constitute a misdemeanor or
					 a felony shall be subject to a five-working day suspension, or a suspension
					 equivalent to the number of working days such driver was not in compliance with
					 this Part, whichever is longer.
(b)
					 Any driver who is involved in an accident as defined in section
					 6.2  of
					 this Part, or who is convicted of a traffic infraction in any jurisdiction
					 shall notify his or her employer within five working days from the date of
					 conviction or such accident. A driver who fails to notify his or her employer
					 of such conviction or accident within the five working day period shall be
					 subject to a five working day suspension.
Working day,
for the
					 purposes of this section, shall mean any day in which a bus driver is scheduled
					 to work, excluding regularly assigned days off.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.23 - Ill or fatigued operator

Current through Register Vol. 46, No. 28, July 10, 2024
No driver shall operate a bus and a motor carrier shall
						not permit a driver to operate a bus while the driver's ability or alertness is
						so impaired, or so likely to become impaired, through fatigue, illness or any
						other cause, as to make it unsafe for him to begin or continue to operate the
						bus. At the request of the driver or the motor carrier such illness, fatigue,
						or other cause shall be certified by a qualified physician. However, in a case
						of grave emergency where the hazard to occupants of the bus or other users of
						the highway would be increased by compliance with this section, the driver may
						continue to operate the bus to the nearest place at which that hazard is
						removed.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.24 - Drugs, controlled substance and intoxicating liquor

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall:
(1) consume a drug, controlled substance or
					 an intoxicating liquor, regardless of its alcoholic content, or be under the
					 influence of an intoxicating liquor or drug, within six hours before going on
					 duty or operating, or having physical control of a bus;
(2) consume a drug, controlled substance or
					 an intoxicating liquor, regardless of its alcoholic content while on duty, or
					 operating, or in physical control of a bus; or
(3) possess a drug, controlled substance or
					 an intoxicating liquor, regardless of its alcohol content while on duty,
					 operating or in physical control of a bus. However, this paragraph does not
					 apply to possession of a drug, controlled substance or an intoxicating liquor
					 which is transported as part of a shipment or personal effects of a passenger
					 or to alcoholic beverages which are in sealed containers.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.25 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
Upon conviction for violation of any provision of article
						19-A of the Vehicle and Traffic Law, the court shall impose a sentence
						consisting of a fine of not less than $100 nor more than $250. Penalties
						imposed under this section are not the same as any civil penalties imposed in
						accordance with and under section
						6.22(e) 
						of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Miscellaneous Provisions › Section 6.26 - Duties of the department

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Motor Vehicles shall:
(a) At least once every three years, review
					 the bus driver files of each motor carrier; provided, however, that the
					 commissioner may review such bus driver files at his or her discretion at any
					 other time during regular business hours.
(b) Upon receipt of information that a
					 driver's license, permit or privilege to operate a motor vehicle has been
					 revoked, suspended or withdrawn in this State or elsewhere, notify all motor
					 carriers who have notified the commissioner of the employment of such driver,
					 and provide such notice to the political subdivision, public and nonpublic
					 school districts, and any other parties with whom the carrier has notified the
					 BDU as having contractual agreements for services as a motor carrier as defined
					 in section
					 6.2(e) 
					 of this Part.
(c) Provide each
					 motor carrier, under the Accident/Conviction Notification Program as set forth
					 in section
					 6.17 
					 of this Part, with information regarding any accident or conviction for any
					 traffic violation resulting from operation of a motor vehicle against a bus
					 driver reported to the BDU as employed by such motor carrier; and may, if
					 requested by a political subdivision which contracts with a motor carrier for
					 the transportation of school children, provide such notice to the political
					 subdivision.
(d) Upon receipt of
					 the criminal history record report of a school bus driver, notify the motor
					 carrier of disqualification of an applicant or school bus driver or the
					 potential disqualification of such applicant or driver based on a pending
					 criminal charge which would or could disqualify such driver under the
					 provisions of section
					 6.28 
					 of this Part. Notification to the carrier shall be without specification of the
					 grounds for disqualification, those grounds to be made available only to the
					 school bus driver or his or her representative.
(e) Prepare and distribute form DS-3.6 for
					 the provision of objective data concerning the driving history of a bus driver
					 who is subject to regulation under this Part. Such form shall be completed by
					 current or former employers of such bus drivers upon the request of a
					 prospective or subsequent employer.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Disqualifications › Section 6.27 - Disqualification of bus drivers (other than school bus drivers)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person is disqualified to operate any
					 bus if he or she:
(1) has failed to pass the
					 physical examination as set forth in section
					 6.10 
					 of this Part;
(2) has failed the
					 biennial behind-the-wheel driving test as set forth in section
					 6.11 
					 of this Part;
(3) has failed the
					 biennial oral or written examination as set forth in section
					 6.12 
					 of this Part;
(4) was employed as a
					 bus driver prior to September 15, 1985 and has been convicted of a crime or has
					 received a conviction or convictions for a violation or violations under
					 section 509-c  of the Vehicle and Traffic Law on
					 his or her New York State driving record;
(5) was employed as a bus driver on or after
					 September 15, 1985 and has been convicted of a crime or has accrued nine or
					 more points on his or her New York State driving record as set forth under
					 section 509-c  of the Vehicle and Traffic Law;
					 or
(6) was the operator of a motor
					 vehicle involved in two or more accidents as defined in section
					 6.2  of
					 this Part, where such accidents occurred within an 18-month period following a
					 reexamination conducted pursuant to section
					 6.15 
					 of this Part, provided that accidents in which the driver was completely
					 without fault shall not be included in determining whether such
					 disqualification is required; or
(7) fails to pass a road text administered
					 pursuant to section
					 6.15 
					 of this Part; 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, and such
					 disqualification shall cease if such person passes such second road
					 test.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter A - DRIVER LICENSING AND TRAINING › Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS › Disqualifications › Section 6.28 - Disqualification of school bus drivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person is disqualified to operate a
					 school bus if he or she:
(1) has failed to
					 pass the physical examination as set forth in section
					 6.10 
					 of this Part;
(2) has failed the
					 biennial behind-the-wheel driving test as set forth in section
					 6.11 
					 of this Part;
(3) has failed the
					 biennial oral or written examination as set forth in section
					 6.12 
					 of this Part;
(4) was employed as a
					 school bus driver at any time between January 1, 1985 and June 30, 1985, and
					 has been convicted of a crime or has received a conviction or convictions for a
					 violation or violations under section 509-cc  of the Vehicle and Traffic Law on
					 his or her New York State driving record;
(5) was employed as a school bus driver on or
					 after July 1, 1985, and was not employed as a school bus driver between January
					 1, 1985 and June 30, 1985, and has been convicted of a crime or has received a
					 conviction or convictions for a violation or violations under section 509-cc  of
					 the Vehicle and Traffic Law on his or her New York State driving record, or has
					 accumulated nine or more points on his or her driving record during an 18-month
					 period;
(6) was the operator of a
					 motor vehicle involved in two or more accidents as defined in section
					 6.2  of
					 this Part, where such accidents occurred within an 18-month period following a
					 reexamination conducted pursuant to section
					 6.15 
					 of this Part, provided that accidents in which the driver was completely
					 without fault shall not be included in determining whether such
					 disqualification is required; or
(7) fails to pass a road test administered
					 pursuant to section
					 6.15 
					 of this Part; 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, and such
					 disqualification shall cease if such person passes such second road
					 test.