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 6.8 - Annual review of driving record

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The provisions of this section do not require termination of employment as a
					 bus driver based upon any single incident or series of incidents (other than
					 convictions which require disqualification as set forth in sections
					 6.27
					 and
					 6.28 
					 of this Part), but rather permit the motor carrier to apply reasonable
					 standards in making a determination based upon the entire driving record.
					 Except as required by sections
					 6.27
					 and
					 6.28 
					 of this Part, any termination of employment based on the provisions of this
					 section is, therefore, the determination of the motor carrier using its
					 independent judgment. Each motor carrier shall:
(1) at least once every 12 months, require
					 each bus driver it employs to prepare and furnish the carrier with a list of
					 all violations and accidents as defined in section
					 6.2  of
					 this Part, of motor vehicle traffic laws and ordinances (other than violations
					 involving only parking) of which the driver has been convicted or of which he
					 or she has forfeited bond or collateral during the preceding 12 months whether
					 such violations or accidents occurred in this State or elsewhere. Such
					 information shall be recorded in the employee's record as presented on the
					 annual review of employees driving record form (DS-872);
(2) if a bus driver is a resident of, or is
					 licensed by, a state other than New York, the motor carrier must also obtain an
					 abstract of operating record from the appropriate agency in the bus driver's
					 state of residence. For these drivers, the motor carrier is required to
					 maintain the record in the driver's file; and
(3) at least once every 12 months, review the
					 driving record of each driver it employs to determine whether that each driver
					 meets minimum requirements for safe driving and is qualified to drive a bus
					 pursuant to sections
					 6.3
					 and
					 6.4 
					 of this Part. Such review shall include the information supplied under
					 paragraph (1) of this subdivision and the information supplied by the mandatory
					 notification program pursuant to section
					 6.17 
					 of this Part. Such review shall determine whether the bus driver has a
					 currently valid driver's license or learner's permit in the class and with the
					 proper endorsements appropriate to the type of vehicle the driver operates in
					 the course of his or her employment. In reviewing a driving record, the motor
					 carrier or school district must consider any evidence that the bus driver has
					 violated applicable provisions of the Vehicle and Traffic Law. The motor
					 carrier must also consider the driver's accident record and any evidence that
					 the driver has violated laws governing the operating of motor vehicles, such as
					 speeding, reckless driving, and operating while under the influence of alcohol
					 or drugs, that indicate that the driver has exhibited a disregard for the
					 safety of the public.