N.Y. Vehicle & Traffic Law § 509-cc: Disqualification of drivers of school buses

§ 509-cc. Disqualification of drivers of school buses. (1) A person

employed as a driver of a school bus as defined in paragraph (a) of

subdivision one of section five hundred nine-a of this chapter 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, and was employed in

this state as a driver of a school bus as defined in paragraph (a) of

subdivision one of section five hundred nine-a of this chapter at any

time during the first six months of nineteen hundred eighty-five, shall

be disqualified from operating a school bus as follows:

(a) permanently, if that person

(i) 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, provided, however, the provisions of this

subparagraph shall not apply to convictions, suspensions or revocations

or forfeitures of bonds for collateral upon any of the charges listed in

this subparagraph 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. When the certificate is issued by a court for a

conviction which occurred in this state, it shall only be issued by the

court having jurisdiction over such conviction. Such certificate shall

specifically indicate that the authority granting such certificate has

considered the bearing, if any, the criminal offense or offenses for

which the person was convicted will have on the applicant's fitness or

ability to operate a bus transporting school children to the applicant's

prospective employment, prior to granting such a certificate; or

(ii) has been convicted of an offense listed in paragraph (a) of

subdivision four of this section that was committed on or after

September fifteenth, nineteen hundred eighty-five. However, such

disqualification may be waived by the commissioner 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. When the certificate is issued by a

court for a conviction which occurred in this state, it shall only be

issued by the court having jurisdiction over such conviction. Such

certificate shall specifically indicate that the authority granting such

certificate has considered the bearing, if any, the criminal offense or

offenses for which the person was convicted will have on the applicant's

fitness or ability to operate a bus transporting school children, prior

to granting such a certificate; or

(iii) has been convicted of an offense listed in paragraph (b) of

subdivision four of this section that was committed on or after

September fifteenth, nineteen hundred eighty-five. However, such

disqualification shall be waived provided that five years have expired

since the applicant 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.

When the certificate is issued by a court for a conviction which

occurred in this state, it shall only be issued by the court having

jurisdiction over such conviction. Such certificate shall specifically

indicate that the authority granting such certificate has considered the

bearing, if any, the criminal offense or offenses for which the person

was convicted will have on the applicant's fitness or ability to operate

a bus transporting school children, prior to granting such a

certificate. Provided, however, that at the discretion of the

commissioner, the certificate of relief from disabilities may remove

disqualification at any time; or

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

specified herein, if that person

(i) has been convicted within the preceding five years of an offense

listed in paragraph (c) of subdivision four of this section that was

committed on or after September fifteenth, nineteen hundred eighty-five.

However, such disqualification shall be waived provided that the

applicant has been granted a certificate of relief from disabilities or

a certificate of good conduct pursuant to article twenty-three of the

correction law. When the certificate is issued by a court for a

conviction which occurred in this state, it shall only be issued by the

court having jurisdiction over such conviction. Such certificate shall

specifically indicate that the authority granting such certificate has

considered the bearing, if any, the criminal offense or offenses for

which the person was convicted will have on the applicant's fitness or

ability to operate a bus transporting school children, prior to granting

such a certificate;

(ii) has been convicted of any violation 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;

(iii) 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;

(iv) 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 one thousand one hundred ninety-two of this

chapter, committed within any ten year period after September fifteenth,

nineteen hundred eighty-five; or

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

resulted in personal injury or death under section six hundred of this

chapter or an offense committed outside of this state which would

constitute a violation of section six hundred of this chapter.

(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 or 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 school 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 an offense

listed in paragraph (a) of subdivision four of this section. However,

such disqualification may be waived by the commissioner 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. When the certificate is issued by a

court for a conviction which occurred in this state, it shall only be

issued by the court having jurisdiction over such conviction. Such

certificate shall specifically indicate that the authority granting such

certificate has considered the bearing, if any, the criminal offense or

offenses for which the person was convicted will have on the applicant's

fitness or ability to operate a bus transporting school children to the

applicant's prospective employment, prior to granting such a

certificate.

(b) permanently, if that person has been convicted of an offense

listed in paragraph (b) of subdivision four of this section. However,

such disqualification shall be waived provided that five years have

expired since the applicant was incarcerated pursuant to a sentence of

imprisonment imposed on 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.

When the certificate is issued by a court for a conviction which

occurred in this state, it shall only be issued by the court having

jurisdiction over such conviction. Such certificate shall specifically

indicate that the authority granting such certificate has considered the

bearing, if any, the criminal offense or offenses for which the person

was convicted will have on the applicant's fitness or ability to operate

a bus transporting school children, prior to granting such a

certificate. Provided, however, that at the discretion of the

commissioner the certificate of relief from disabilities or a

certificate of good conduct pursuant to article twenty-three of the

correction law may remove disqualification at any time.

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

specified herein, if that person

(i) has been convicted within the preceding five years of an offense

listed in paragraph (c) of subdivision four of this section. However,

notwithstanding the provisions of subdivision three of section seven

hundred one of the correction law. Such disqualification shall be waived

provided that the applicant has been granted a certificate of relief

from disabilities or a certificate of good conduct pursuant to article

twenty-three of the correction law. When the certificate is issued by a

court for a conviction which occurred in this state, it shall only be

issued by the court having jurisdiction over such conviction. Such

certificate shall specifically indicate that the authority granting such

certificate has considered the bearing, if any, the criminal offense or

offenses for which the person was convicted will have on the applicant's

fitness or ability to operate a bus transporting school children, prior

to granting such a certificate.

(ii) has been 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 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;

(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 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

(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; 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.

(d) 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;

(e) 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.

(f) 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;

(g) 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.

(h) 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 school 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.

(4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)

of subdivision one and paragraph (a) of subdivision two of this section

that result in permanent disqualification shall include a conviction

under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,

125.25, 125.26, 125.27, 130.30, 130.35, former sections 130.45 and

130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,

130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 230.34-a,

235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the penal law or an

attempt to commit any of the aforesaid offenses under section 110.00 of

the penal law, or any offenses committed under a former section of the

penal law which would constitute violations of the aforesaid sections of

the penal law, or any offenses committed outside this state which would

constitute violations of the aforesaid sections of the penal law.

(b) The offenses referred to in subparagraph (ii) of paragraph (a) of

subdivision one and paragraph (b) of subdivision two of this section

that result in permanent disqualification shall include a conviction

under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,

125.11, former section 130.40, sections 130.53, 130.60, 130.65-a,

135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,

260.00, 265.04 of the penal law or an attempt to commit any of the

aforesaid offenses under section 110.00 of the penal law, or any

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

constitute violations of the aforesaid sections of the penal law, or any

offenses committed outside this state which would constitute violations

of the aforesaid sections of the penal law.

(c) The offenses referred to in subparagraph (i) of paragraph (b) of

subdivision one and subparagraph (i) of paragraph (c) of subdivision two

of this section that result in disqualification for a period of five

years shall include a conviction under sections 100.10, 105.13, 115.05,

120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,

125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,

140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,

220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of section

222.50, subdivision two of section 222.55, 230.00, 230.05, 230.06,

230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07, 235.21,

240.06, 245.00, 260.10, subdivision two of section 260.20 and sections

260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the

penal law or an attempt to commit any of the aforesaid offenses under

section 110.00 of the penal law, or any similar offenses committed under

a former section of the penal law, or any offenses committed under a

former section of the penal law which would constitute violations of the

aforesaid sections of the penal law, or any offenses committed outside

this state which would constitute violations of the aforesaid sections

of the penal law.

(5) As a part of such determination concerning whether an individual

is disqualified from operating a school bus pursuant to this section,

the department shall submit a prospective driver's fingerprints to the

division of criminal justice services for a state criminal history

record check, as defined in subdivision one of section three thousand

thirty-five of the education law, and may submit such fingerprints to

the federal bureau of investigation for a national criminal history

record check.