N.Y. Vehicle & Traffic Law § 509-g: Examinations and tests

§ 509-g. Examinations and tests. Each motor carrier shall require the

following from each driver it employs:

1. A biennial examination pursuant to regulations established by the

commissioner, by a physician, a certified nurse practitioner to the

extent authorized by law and consistent with subdivision three of

section six thousand nine hundred two of the education law, or a

registered physician assistant who is not the personal physician, nurse

practitioner or physician assistant of the driver. Included shall be a

requirement to conduct a vision test pursuant to regulations issued by

the commissioner.

2. An annual check of the applicant's past driving record, and a

personal interview.

3. Regular observation of the driver's defensive driving performance

while operating his vehicle with passengers by competent supervisory

employees of the carrier, or by competent outside supervisory personnel,

with written reports of the observations performed to be maintained in

the driver's file.

4. A biennial behind-the-wheel driving test conducted by competent

supervisory personnel of the carrier, or competent outside supervisory

personnel, to include defensive driving performance. Such driving test

may be conducted during the driver's normal daily operations and shall

also include:

(1) Pretrip inspection.

(2) Placing the vehicle in operation.

(3) Use of the vehicle's controls and emergency equipment.

(4) Operating the vehicle in traffic and while passing other vehicles.

(5) Turning the vehicle.

(6) Braking and slowing the vehicle by means other than braking.

(7) Backing and parking the vehicle.

5. In addition to the provisions outlined above, all motor carriers

shall require each driver biennially to complete a written or oral

examination testing his knowledge of the rules of the road, defensive

driving practices and the laws regulating driving a bus in this state.

Such examination may be conducted during the driver's normal daily

operations.

6. (a) All motor carriers shall be required to conduct pre-employment

and random drug and alcohol testing in accordance with the provisions

and requirements of Part 382 of Title 49 of the Code of Federal

Regulations on all drivers of a school bus, as defined by section one

hundred forty-two of this chapter, regardless of commercial driver's

license endorsement. Every such school bus driver shall be included in

the random testing pool from which drivers are randomly selected for

testing, and every such driver shall submit to such testing when

selected, as required in Part 382 of Title 49 of the Code of Federal

Regulations. For the purposes of this section "motor carriers" shall

mean a school or municipality that transports children to and from

school or any person, corporation or entity in contract with a

municipality or school district for the purposes of transporting

children to and from school.

(b) Drug testing administered pursuant to this section shall, at a

minimum, be in conformance with drug testing procedures as set forth in

Part 382 of Title 49 of the Code of Federal Regulations.

7. In addition to the other provisions of this section, in the event

the commissioner authorizes or requires the pre-trip safety briefings

required pursuant to subdivision nine of section five hundred nine-m of

this article to be live and in-person, all motor carriers shall conduct

a regular observation of the proficiency of each driver who operates

altered motor vehicles commonly referred to as "stretch limousines"

directed or operated by such motor carrier, designed to carry nine or

more passengers including the driver pursuant to operating authority

issued by the commissioner of transportation, in providing such pre-trip

safety briefings.