§ 509-a. Definitions. As used in this article the term:
(1)bus shall\nmean every motor vehicle, owned, leased, rented or otherwise controlled\nby a motor carrier, which (a) is a school bus as defined in section one\nhundred forty-two of this chapter or has a seating capacity of more than\nten adult passengers in addition to the driver and which is used for the\ntransportation of persons under the age of twenty-one or persons of any\nage who are mentally or physically disabled to a place of vocational,\nacademic or religious instruction or religious service including nursery\nschools, day care centers and camps, (b) is required to obtain approval\nto operate in the state as a common or contract carrier of passengers by\nmotor vehicle from the commissioner of transportation, or the inters
Free access — add to your briefcase to read the full text and ask questions with AI
§ 509-a. Definitions. As used in this article the term: (1) bus shall\nmean every motor vehicle, owned, leased, rented or otherwise controlled\nby a motor carrier, which (a) is a school bus as defined in section one\nhundred forty-two of this chapter or has a seating capacity of more than\nten adult passengers in addition to the driver and which is used for the\ntransportation of persons under the age of twenty-one or persons of any\nage who are mentally or physically disabled to a place of vocational,\nacademic or religious instruction or religious service including nursery\nschools, day care centers and camps, (b) is required to obtain approval\nto operate in the state as a common or contract carrier of passengers by\nmotor vehicle from the commissioner of transportation, or the interstate\ncommerce commission, (c) is regulated as a bus line by a city that has\nadopted an ordinance, local law or charter to regulate or franchise bus\nline operations pursuant to subdivision four of section eighty of the\ntransportation law, (d) is regulated as a van service or other common\ncarrier of passengers by motor vehicle covered under article seven of\nthe transportation law by a city with a population of over one million\npursuant to an ordinance or local law adopted pursuant to subdivision\nfive of section eighty of the transportation law or (e) is operated by a\ntransit authority or municipality and is used to transport persons for\nhire. Provided, however, that bus shall not mean an authorized emergency\nvehicle operated in the course of an emergency, or a motor vehicle used\nin the transportation of agricultural workers to and from their place of\nemployment;\n (2) driver or bus driver shall mean every person: (i) who is\nself-employed and drives a bus for hire or profit; or (ii) who is\nemployed by a motor carrier and operates a bus owned, leased or rented\nby such employer; or (iii) who as a volunteer drives a bus which is\nowned, leased or rented by a motor carrier. Provided, however, bus\ndriver shall not include those persons who are engaged in the\nmaintenance, repair or garaging of such buses and in the course of their\nduties must incidentally drive a bus without passengers, or who, as a\nvolunteer, drive a bus with passengers for less than thirty days each\nyear;\n (3) motor carrier shall mean any person, corporation, municipality, or\nentity, public or private, who directs one or more bus drivers and who\noperates a bus wholly within or partly within and partly without this\nstate in connection with the business of transporting passengers for\nhire or in the operation or administration of any business, or place of\nvocational, academic or religious instruction or religious service for\npersons under the age of twenty-one or persons of any age who are\nmentally disabled including nursery schools, day care centers and camps,\nor public agency, except such out-of-state public or governmental\noperators who may be exempted from the provisions of this article by the\ncommissioner through regulation promulgated by the commissioner;\n (4) intoxicating liquor shall mean and include, alcohol, spirits,\nliquor, wine, beer and cider having alcoholic content;\n (5) drug shall mean any substance listed in section thirty-three\nhundred six of the public health law not dispensed or consumed pursuant\nto a lawful prescription;\n (6) controlled substance shall mean any substance listed in section\nthirty-three hundred six of the public health law not dispensed or\nconsumed pursuant to lawful prescription.\n (7) accident shall include any accident with another vehicle, object\nor person, which occurs in this state or elsewhere, in which any person\nis killed or injured, or in which damage to the property of any one\nperson, including the operator, in excess of one thousand five hundred\ndollars is sustained, or in which damage in excess of two thousand five\nhundred dollars is sustained to any bus as defined in section one\nhundred four of this chapter; provided however that accidents occurring\noutside this state shall not be recorded on the driver's license record.\n