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 6.15 - Retests and re-examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon a request by or on behalf of an employee for a re-examination of an
					 examination required by section
					 6.11
					 or
					 6.12 
					 of this Part, a retest shall be given by the motor carrier. Such retest shall
					 be given not less than two days nor more than 10 working days from the date of
					 the first examination. However, a motor carrier may require a period of
					 retraining for the employee who submitted the re-examination request before the
					 retest is given to the employee.
(b) In the absence of any contractual
					 agreement, upon submission of a medical report which conflicts with the medical
					 findings made pursuant to section
					 6.10 
					 of this Part, the employee is entitled to be re-examined by a third physician
					 or nurse practitioner agreed on by two parties. The cost of such re-examination
					 shall be borne by the employer if the employee passes the re-examination, or by
					 the employee if the employee fails the re-examination.
(c) Until a re-examination is passed, the
					 employee remains disqualified and cannot operate a bus.
(d)
(1)
					 Accident re-examinations. Any person employed as a bus driver who has on three
					 occasions been the operator of a motor vehicle involved in an accident as
					 defined in section
					 6.2  of
					 this Part, where such accidents occurred within an 18-month period, shall be
					 subject to re- examination. Further, if a driver is subject to
					 disqualification, as set forth in sections
					 6.27
					 and
					 6.28 
					 of this Part, such re-examination shall occur not more than 45 days prior to
					 the completion of the period of disqualification period. An accident shall not
					 be counted if it is determined that the driver was completely without fault. A
					 driver shall be considered to be without fault in situations including, but not
					 limited to, the following:
(i) pedestrian
					 walked into side of stopped vehicle;
(ii) bicyclist collided with stopped
					 vehicle;
(iii) authorized emergency
					 vehicle, when involved in an emergency operation;
(iv) door opened into passing traffic - all
					 vehicles except parked;
(v) load or
					 parts of vehicle fell off - all vehicles except parked;
(vi) injured while vehicle in motion, no
					 collision;
(vii) injured while
					 hitching on vehicle, driver unaware;
(viii) all animal accidents except cattle at
					 a marked road crossing;
(ix)
					 vehicle hit by stone or object thrown by person, if accident results;
(x) vehicle hit by stone or object hurled by
					 wheel - all vehicles except parked;
(xi) object fell on vehicle;
(xii) vehicle struck hole, oil slick, etc.,
					 unless warning signs or barricades existed;
(xiii) moving or stopped vehicle caught fire;
					 and
(xiv) other unusual conditions.
					 Each must be reviewed individually.
The department may examine each of the 14 situations in
						their full context to determine if a driver is completely without fault. Every
						person subject to a re-examination shall be required to take a road test in an
						appropriate vehicle defined as a bus in section
						6.2  of
						this Part, and which is representative of the class of vehicle such person is
						licensed to drive.