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 6.3 - Employment requirements for all bus drivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A motor carrier may only employ an
					 individual as a driver who is qualified under this section or who is not
					 disqualified under section
					 6.27 
					 of this Part. The Department of Motor Vehicles will notify the carrier
					 regarding the driver being qualified or disqualified in accordance with this
					 section.
(b) Bus driver
					 qualification under article 19-A of the Vehicle and Traffic Law is the
					 responsibility of both the Department of Motor Vehicles and the carrier. The
					 carrier may establish qualifications for hiring or continuing the employment of
					 drivers that are more stringent than those contained in this Part.
(c) Each motor carrier shall:
(1) classify each new driver it employs as a
					 "conditional driver" as defined in section
					 6.2(r) 
					 of this Part for a period of not more than 90 days from the date of hiring,
					 unless the carrier is granted an extension in writing by the BDU of the
					 Department of Motor Vehicles;
(2)
					 investigate the driver's employment record during the preceding three
					 years;
(3) require each applicant
					 to submit to and pass the physical examination to drive a bus set forth in
					 section
					 6.10 
					 of this Part;
(4) require each
					 applicant to be at least 18 years of age. Drivers of school buses subject to
					 SED regulations or who operate a vehicle in interstate commerce must be 21
					 years of age;
(5) require each
					 applicant to possess a currently valid driver' s license or learner's permit in
					 the class appropriate to the type of vehicle which the driver will operate in
					 New York State and as defined in section
					 6.2  of
					 this Part;
(6) review the
					 applicants driver's license document for driving restrictions and
					 endorsements;
(7) determine that
					 each applicant has not been disqualified to drive a bus pursuant to the
					 provisions of section
					 6.27 
					 of this Part;
(8) obtain an
					 abstract of a conditional driver's driving record from the appropriate agency
					 in every state, including New York, in which the person has resided, worked or
					 has held a driver's license or learner's permit during the preceding three
					 years. The inquiry shall be in the form and manner prescribed by these
					 agencies. When the agency establishes a fee for supplying such information, the
					 fee shall be paid by the motor carrier or school district;
(9) forward to the BDU a copy of such
					 person's driving record from each state, other than New York, within 10 days of
					 the date on which the carrier received such information; and
(10) the carrier must provide the BDU with an
					 acceptable article 19-A driver application (DS-870) for the conditional driver
					 within 10 days of the hiring date of the conditional driver, provided however,
					 an electronic carrier shall add such a conditional driver within 10 days of
					 hiring such driver and retain the DS-870 and the transaction receipt in such
					 driver's file.