§ 509-C — Disqualification of bus drivers generally

§ 509-c. Disqualification of bus drivers generally. (1) Other than\npersons requiring qualification under section five hundred nine-cc of\nthis chapter, a person employed as a bus driver on September fifteenth,\nnineteen hundred eighty-five and who was subject to the provisions of\nthis article as it existed immediately prior to September fifteen,\nnineteen hundred eighty-five, shall be disqualified from operating a bus\nas follows:\n (a) permanently, if that person has been convicted of or forfeited\nbond or collateral which forfeiture order has not been vacated or the\nsubject of an order of remission upon a violation of section 130.30,\n130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an\noffense committed under a former section of the penal law which would\nconstitute a violation of the aforesaid sections of the penal law or any\noffense committed outside of this state which would constitute a\nviolation of the aforesaid sections of the penal law, provided, however,\nthe provisions of this paragraph shall not apply to convictions,\nsuspensions or revocations or forfeitures of bonds for collateral upon\nany of the charges listed in this paragraph for violations which\noccurred prior to September first, nineteen hundred seventy-four\ncommitted by a person employed as a bus driver on September first,\nnineteen hundred seventy-four. However, such disqualification may be\nwaived provided that five years have expired since the applicant was\ndischarged or released from a sentence of imprisonment imposed pursuant\nto conviction of an offense that requires disqualification under this\nparagraph and that the applicant shall have been granted a certificate\nof relief from disabilities or a certificate of good conduct pursuant to\narticle twenty-three of the correction law.\n (b) for a period of five years from the date of last conviction\nspecified herein, if that person\n (i) has been convicted of any violation of any subdivision of section\neleven hundred ninety-two of this chapter or an offense committed\noutside this state which would constitute a violation of section eleven\nhundred ninety-two of this chapter, and the offense was committed while\nthe driver was driving a bus in the employ of a motor carrier or in the\nfurtherance of a commercial enterprise in interstate, intrastate or\nforeign commerce;\n (ii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter or offenses committed\noutside this state which would constitute a violation of section eleven\nhundred ninety-two of this chapter, committed within the preceding five\nyear period;\n (iii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter, or an offense\ncommitted outside of this state which would constitute a violation of\nany subdivision of section eleven hundred ninety-two of this chapter,\ncommitted within any ten year period after September fifteenth, nineteen\nhundred eighty-five; or\n (iv) has been convicted of leaving the scene of an accident which\nresulted in personal injury or death under subdivision two of section\nsix hundred of this chapter or an offense committed outside of this\nstate which would constitute a violation of subdivision two of section\nsix hundred of this chapter. Such disqualification shall be for a period\nof three years if such conviction occurred prior to September fifteenth,\nnineteen hundred eighty-five; or\n (v) has been convicted of a violation of section 120.04, 120.04-a,\n125.13, 125.14 or 235.07 of the penal law.\n (c) for a period of five years from the date of last conviction, if\nthat person has been convicted of a violation of subdivision three of\nsection five hundred eleven of this chapter on or after September\nfifteenth, nineteen hundred eighty-five;\n (d) for a period of one year, if that person has accumulated nine or\nmore points on his or her driving record for acts that occurred during\nan eighteen month period on or after September fifteenth, nineteen\nhundred eighty-five, provided, however, that the disqualification shall\nterminate if the person has reduced the points to less than nine through\nthe successful completion of a motor vehicle accident prevention course.\n (e) for a period of one year, if that person was the operator of a\nmotor vehicle involved in two or more accidents of a nature and type set\nforth in section five hundred nine-a of this article, where such\naccidents occurred within an eighteen-month period following a\nreexamination conducted pursuant to section five hundred nine-bb of this\narticle, provided that accidents in which the driver was completely\nwithout fault shall not be included in determining whether such\ndisqualification is required;\n (f) for a period of one year, if that person fails to pass a road test\nadministered pursuant to section five hundred nine-bb of this article;\nprovided, however, that such person shall be given the opportunity to\ncomplete a motor vehicle accident prevention course approved by the\ncommissioner and to then undergo a second road test administered\npursuant to section five hundred nine-bb of this article, and such\ndisqualification shall cease if such person passes such second road\ntest.\n (g) for the period that such person's license is revoked or suspended\nfor violating section eleven hundred ninety-two of this chapter or an\noffense committed outside of this state which would constitute a\nviolation of section eleven hundred ninety-two of this chapter. Such\ndisqualification shall be for not less than six months.\n (2) All other bus drivers who are not subject to subdivision one of\nthis section shall be disqualified from operating a bus as follows:\n (a) permanently, if that person has been convicted of or forfeited\nbond or collateral which forfeiture order has not been vacated or the\nsubject of an order of remission upon a violation committed prior to\nSeptember fifteenth, nineteen hundred eighty-five, of section 130.30,\n130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an\noffense committed under a former section of the penal law which would\nconstitute a violation of the aforesaid sections of the penal law or any\noffense committed outside of this state which would constitute a\nviolation of the aforesaid sections of the penal law. However, such\ndisqualification may be waived provided that five years have expired\nsince the applicant was discharged or released from a sentence of\nimprisonment imposed pursuant to conviction of an offense that requires\ndisqualification under this paragraph and that the applicant shall have\nbeen granted a certificate of relief from disabilities or a certificate\nof good conduct pursuant to article twenty-three of the correction law.\n (b) for a period of five years from the date of last conviction\nspecified herein, if the person\n (i) has been convicted of a violation of any subdivision of section\neleven hundred ninety-two of this chapter or an offense committed\noutside this state which would constitute a violation of section eleven\nhundred ninety-two of this chapter, and the offense was committed while\nthe driver was driving a bus in the employ of a motor carrier or in the\nfurtherance of a commercial enterprise in interstate, intrastate or\nforeign commerce;\n (ii) has been twice convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter or an offense\ncommitted outside of this state within any ten year period on or after\nSeptember fifteenth, nineteen hundred eighty-five, which would\nconstitute a violation of section eleven hundred ninety-two of this\nchapter; or\n (iii) has been convicted of leaving the scene of an accident which\nresulted in personal injury or death under subdivision two of section\nsix hundred of this chapter or an offense committed outside of this\nstate which would constitute a violation of subdivision two of section\nsix hundred of this chapter; or\n (iv) has been convicted of a violation of section 120.04, 120.04-a,\n125.13 or 235.07 of the penal law.\n (c) for a period of five years from the date of last conviction, if\nthat person has been convicted of any violation of subdivision three of\nsection five hundred eleven of this chapter on or after September\nfifteenth, nineteen hundred eighty-five;\n (d) for a period of one year, if that person accumulates nine or more\npoints on his or her driving record for acts occurring during an\neighteen month period, provided, however, that the disqualification\nshall terminate if the person has reduced the points to less than nine\nthrough the successful completion of a motor vehicle accident prevention\ncourse.\n (e) for a period of one year, if that person was the operator of a\nmotor vehicle involved in two or more accidents of a nature and type set\nforth in section five hundred nine-a of this article, where such\naccidents occurred within an eighteen-month period following a\nreexamination conducted pursuant to section five hundred nine-bb of this\narticle, provided that accidents in which the driver was completely\nwithout fault shall not be included in determining whether such\ndisqualification is required;\n (f) for a period of one year, if that person fails to pass a road test\nadministered pursuant to section five hundred nine-bb of this article;\nprovided, however, that such person shall be given the opportunity to\ncomplete a motor vehicle accident prevention course approved by the\ncommissioner and to then undergo a second road test administered\npursuant to section five hundred nine-bb of this article, and such\ndisqualification shall cease if such person passes such second road\ntest.\n (g) for the period that such person's license is revoked or suspended\nfor violating section eleven hundred ninety-two of this chapter or an\noffense committed outside of this state which would constitute a\nviolation of section eleven hundred ninety-two of this chapter. Such\ndisqualification shall be for not less than six months.\n (3) A person shall be disqualified from operating a bus if that person\nhas had any license, permit, or privilege to operate a motor vehicle\nsuspended, revoked, withdrawn or denied and such license, permit or\nprivilege has not been reinstated by the authority which took such\naction. Provided, however, that the provisions of this subdivision shall\nnot apply to a person whose (i) license, permit or privilege to operate\na motor vehicle cannot be reinstated because of non-residency in the\nstate in which the license was suspended, revoked, withdrawn or denied\nor (ii) a person holds a conditional driver's license or a restricted\nuse license issued by the commissioner pursuant to the provisions of\narticle twenty-one or twenty-one-A of this chapter, and is not\ndisqualified under any other provision of this article.\n