N.Y. Vehicle & Traffic Law § 509-d: Qualification procedures for bus drivers, maintenance of files and availability to subsequent employers

§ 509-d. Qualification procedures for bus drivers, maintenance of

files and availability to subsequent employers. (1) Before employing a

new bus driver a motor carrier shall:

(i) require such person to pass a medical examination to drive a bus

as provided in section five hundred nine-g of this article;

(ii) obtain a driving record from the appropriate agency in every

state in which the person resided or worked and/or held a driver's

license or learner's permit during the preceding three years in a manner

prescribed by the commissioner;

(iii) investigate the person's employment record during the preceding

three years in a manner prescribed by the commissioner.

(2) Investigations and inquiries of drivers of school buses;

maintenance of file; availability to subsequent employer. (a) A motor

carrier shall request the department to initiate a criminal history

check for persons employed as drivers of school buses, as defined in

paragraph (a) of subdivision one of section five hundred nine-a of this

chapter, on September fourteenth, nineteen hundred eighty-five by such

motor carrier, in accordance with regulations of the commissioner by

requiring such school bus drivers to submit to the mandated

fingerprinting procedure. The department of motor vehicles at the

request of the motor carrier shall initiate a criminal history check of

all current school bus drivers of such motor carrier as well as those

hired on or after September fifteenth, nineteen hundred eighty-five by

requiring such drivers and applicants to submit to the mandated

fingerprinting procedure as part of the school bus driver qualification

procedure. Such fingerprinting procedure and the related fee as well as

a procedure for the return of such fingerprints upon application of a

person who has terminated employment as a school bus driver shall be

established in accordance with regulations of the commissioner in

consultation with the commissioner of the division of criminal justice

services. The fee to be paid by or on behalf of the school bus driver or

applicant shall be no more than five dollars over the cost to the

commissioner for the criminal history check. No cause of action against

the department, the division of criminal justice services, a motor

carrier or political subdivision for damages related to the

dissemination of criminal history records pursuant to this section shall

exist when such department, division, motor carrier or political

subdivision has reasonably and in good faith relied upon the accuracy

and completeness of criminal history information furnished to it by

qualified agencies. Fingerprints submitted to the division of criminal

justice services pursuant to this subdivision may also be submitted to

the federal bureau of investigation for a national criminal history

record check.

(b) After a motor carrier has completed the procedures set forth in

paragraph (a) this of subdivision, it shall designate each new school

bus driver as a conditional school bus driver as defined in section five

hundred nine-h of this article, until the carrier is in receipt of

information of the new school bus driver's qualification from the

department and the required driving records from each appropriate state

agency. If the information received indicates that there is a pending

criminal offense or driving violation that would require

disqualification of a school bus driver under this article, the motor

carrier shall require the applicant to provide documentation evidencing

the disposition of such offense or violation in accordance with

regulations established by the commissioner. The department, upon notice

of disqualification to an applicant, shall include in such notice

information regarding the applicant's right to appeal and contest any

claimed ground for disqualification. Such notice shall also advise the

applicant of his or her right to obtain, examine, inspect and copy any

information used by the department in support of its determination of

disqualification. In the event the applicant contests the existence of a

criminal conviction in his or her name, such applicant may provide

documentation evidencing the disposition of such offense or violation in

accordance with regulations established by the commissioner.

(3) Each motor carrier shall retain the following records in each

driver's file for a period of three years, in accordance with

regulations established by the commissioner:

(i) a driver abstract of operating record provided by the department

and the written information provided by the appropriate agency of

another state for each twelve month period;

(ii) replies from the department regarding the driver's

qualifications, as well as, any subsequent information concerning any

pending criminal charges against such driver;

(iii) the initial qualifying medical examination form and the biennial

medical examination form completed by the carrier's physician or nurse

practitioner;

(iv) the annual defensive driving review forms completed pursuant to

section five hundred nine-g of this article; and

(v) the completed biennial behind-the-wheel examination forms as

required under section five hundred nine-g of this article.

(4) Each motor carrier shall notify the commissioner on the form and

in the manner established by regulation of the commissioner, within ten

days, of the date on which a bus driver commences employment, leaves the

carrier's employ or is disqualified. Such notification shall be provided

in accordance with regulations established by the commissioner and shall

include any information the motor carrier has relative to the bus

driver's disqualification, including any information regarding criminal

charges pending against the driver for violations which would disqualify

the driver if a conviction resulted.

(5) Each motor carrier shall furnish the department, by October

fifteenth, nineteen hundred eighty-five, a list of all bus drivers

employed on September fourteenth, nineteen hundred eighty-five in

accordance with regulations established by the commissioner.

(5-a) Every motor carrier shall furnish the department, beginning no

later than July first, two thousand twenty-one and annually thereafter,

a list of each altered motor vehicle commonly referred to as a "stretch

limousine", if any, designed to carry nine or more passengers including

the driver that such motor carrier operates pursuant to operating

authority issued by the commissioner of transportation, including the

vehicle identification number and registration number of each such

altered motor vehicle, and a list of all drivers such motor carrier

employs who drive such altered motor vehicles and whether such driver is

qualified or has been disqualified to operate such altered motor vehicle

pursuant to this article.

(6) Each motor carrier shall furnish the department within ten days of

receipt, with a copy of each bus driver's out-of-state driving record it

has obtained, if such driver resides in another state, or has been

employed in such other state within the past three years.

(7) Each motor carrier shall prepare a report setting forth: (a) the

number of miles travelled by buses operated by such motor carrier in the

preceding twelve months; (b) the number of convictions and accidents

involving any driver employed by such motor carrier during the preceding

twelve months, as reported to such carrier pursuant to section five

hundred nine-f of this chapter; and (c) the number of convictions and

accidents per ten thousand miles travelled. Such report shall be filed

with the department as an attachment to the affidavit of compliance

required by subdivision (c) of section five hundred nine-j of this

chapter, and a copy of such report shall be made available by the

carrier to any person upon request.