N.Y. Vehicle & Traffic Law § 509-c: Disqualification of bus drivers generally

§ 509-c. Disqualification of bus drivers generally. (1) Other than

persons requiring qualification under section five hundred nine-cc of

this chapter, a person employed as a bus driver on September fifteenth,

nineteen hundred eighty-five and who was subject to the provisions of

this article as it existed immediately prior to September fifteen,

nineteen hundred eighty-five, shall be disqualified from operating a bus

as follows:

(a) permanently, if that person has been convicted of or forfeited

bond or collateral which forfeiture order has not been vacated or the

subject of an order of remission upon a violation of section 130.30,

130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an

offense committed under a former section of the penal law which would

constitute a violation of the aforesaid sections of the penal law or any

offense committed outside of this state which would constitute a

violation of the aforesaid sections of the penal law, provided, however,

the provisions of this paragraph shall not apply to convictions,

suspensions or revocations or forfeitures of bonds for collateral upon

any of the charges listed in this paragraph for violations which

occurred prior to September first, nineteen hundred seventy-four

committed by a person employed as a bus driver on September first,

nineteen hundred seventy-four. However, such disqualification may be

waived provided that five years have expired since the applicant was

discharged or released from a sentence of imprisonment imposed pursuant

to conviction of an offense that requires disqualification under this

paragraph and that the applicant shall have been granted a certificate

of relief from disabilities or a certificate of good conduct pursuant to

article twenty-three of the correction law.

(b) for a period of five years from the date of last conviction

specified herein, if that person

(i) has been convicted of any violation of any subdivision of section

eleven hundred ninety-two of this chapter or an offense committed

outside this state which would constitute a violation of section eleven

hundred ninety-two of this chapter, and the offense was committed while

the driver was driving a bus in the employ of a motor carrier or in the

furtherance of a commercial enterprise in interstate, intrastate or

foreign commerce;

(ii) has been twice convicted of a violation of any subdivision of

section eleven hundred ninety-two of this chapter or offenses committed

outside this state which would constitute a violation of section eleven

hundred ninety-two of this chapter, committed within the preceding five

year period;

(iii) has been twice convicted of a violation of any subdivision of

section eleven hundred ninety-two of this chapter, or an offense

committed outside of this state which would constitute a violation of

any subdivision of section eleven hundred ninety-two of this chapter,

committed within any ten year period after September fifteenth, nineteen

hundred eighty-five; or

(iv) has been convicted of leaving the scene of an accident which

resulted in personal injury or death under subdivision two of section

six hundred of this chapter or an offense committed outside of this

state which would constitute a violation of subdivision two of section

six hundred of this chapter. Such disqualification shall be for a period

of three years if such conviction occurred prior to September fifteenth,

nineteen hundred eighty-five; or

(v) has been convicted of a violation of section 120.04, 120.04-a,

125.13, 125.14 or 235.07 of the penal law.

(c) for a period of five years from the date of last conviction, if

that person has been convicted of a violation of subdivision three of

section five hundred eleven of this chapter on or after September

fifteenth, nineteen hundred eighty-five;

(d) for a period of one year, if that person has accumulated nine or

more points on his or her driving record for acts that occurred during

an eighteen month period on or after September fifteenth, nineteen

hundred eighty-five, provided, however, that the disqualification shall

terminate if the person has reduced the points to less than nine through

the successful completion of a motor vehicle accident prevention course.

(e) for a period of one year, if that person was the operator of a

motor vehicle involved in two or more accidents of a nature and type set

forth in section five hundred nine-a of this article, where such

accidents occurred within an eighteen-month period following a

reexamination conducted pursuant to section five hundred nine-bb of this

article, provided that accidents in which the driver was completely

without fault shall not be included in determining whether such

disqualification is required;

(f) for a period of one year, if that person fails to pass a road test

administered pursuant to section five hundred nine-bb of this article;

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 administered

pursuant to section five hundred nine-bb of this article, and such

disqualification shall cease if such person passes such second road

test.

(g) for the period that such person's license is revoked or suspended

for violating section eleven hundred ninety-two of this chapter or an

offense committed outside of this state which would constitute a

violation of section eleven hundred ninety-two of this chapter. Such

disqualification shall be for not less than six months.

(2) All other bus drivers who are not subject to subdivision one of

this section shall be disqualified from operating a bus as follows:

(a) permanently, if that person has been convicted of or forfeited

bond or collateral which forfeiture order has not been vacated or the

subject of an order of remission upon a violation committed prior to

September fifteenth, nineteen hundred eighty-five, of section 130.30,

130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an

offense committed under a former section of the penal law which would

constitute a violation of the aforesaid sections of the penal law or any

offense committed outside of this state which would constitute a

violation of the aforesaid sections of the penal law. However, such

disqualification may be waived provided that five years have expired

since the applicant was discharged or released from a sentence of

imprisonment imposed pursuant to conviction of an offense that requires

disqualification under this paragraph and that the applicant shall have

been granted a certificate of relief from disabilities or a certificate

of good conduct pursuant to article twenty-three of the correction law.

(b) for a period of five years from the date of last conviction

specified herein, if the person

(i) has been convicted of a violation of any subdivision of section

eleven hundred ninety-two of this chapter or an offense committed

outside this state which would constitute a violation of section eleven

hundred ninety-two of this chapter, and the offense was committed while

the driver was driving a bus in the employ of a motor carrier or in the

furtherance of a commercial enterprise in interstate, intrastate or

foreign commerce;

(ii) has been twice convicted of a violation of any subdivision of

section eleven hundred ninety-two of this chapter or an offense

committed outside of this state within any ten year period on or after

September fifteenth, nineteen hundred eighty-five, which would

constitute a violation of section eleven hundred ninety-two of this

chapter; or

(iii) has been convicted of leaving the scene of an accident which

resulted in personal injury or death under subdivision two of section

six hundred of this chapter or an offense committed outside of this

state which would constitute a violation of subdivision two of section

six hundred of this chapter; or

(iv) has been convicted of a violation of section 120.04, 120.04-a,

125.13 or 235.07 of the penal law.

(c) for a period of five years from the date of last conviction, if

that person has been convicted of any violation of subdivision three of

section five hundred eleven of this chapter on or after September

fifteenth, nineteen hundred eighty-five;

(d) for a period of one year, if that person accumulates nine or more

points on his or her driving record for acts occurring during an

eighteen month period, provided, however, that the disqualification

shall terminate if the person has reduced the points to less than nine

through the successful completion of a motor vehicle accident prevention

course.

(e) for a period of one year, if that person was the operator of a

motor vehicle involved in two or more accidents of a nature and type set

forth in section five hundred nine-a of this article, where such

accidents occurred within an eighteen-month period following a

reexamination conducted pursuant to section five hundred nine-bb of this

article, provided that accidents in which the driver was completely

without fault shall not be included in determining whether such

disqualification is required;

(f) for a period of one year, if that person fails to pass a road test

administered pursuant to section five hundred nine-bb of this article;

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 administered

pursuant to section five hundred nine-bb of this article, and such

disqualification shall cease if such person passes such second road

test.

(g) for the period that such person's license is revoked or suspended

for violating section eleven hundred ninety-two of this chapter or an

offense committed outside of this state which would constitute a

violation of section eleven hundred ninety-two of this chapter. Such

disqualification shall be for not less than six months.

(3) A person shall be disqualified from operating a bus if that person

has had any license, permit, or privilege to operate a motor vehicle

suspended, revoked, withdrawn or denied and such license, permit or

privilege has not been reinstated by the authority which took such

action. Provided, however, that the provisions of this subdivision shall

not apply to a person whose (i) license, permit or privilege to operate

a motor vehicle cannot be reinstated because of non-residency in the

state in which the license was suspended, revoked, withdrawn or denied

or (ii) a person holds a conditional driver's license or a restricted

use license issued by the commissioner pursuant to the provisions of

article twenty-one or twenty-one-A of this chapter, and is not

disqualified under any other provision of this article.