§ 509-CC — Disqualification of drivers of school buses

§ 509-cc. Disqualification of drivers of school buses. (1) A person\nemployed as a driver of a school bus as defined in paragraph (a) of\nsubdivision one of section five hundred nine-a of this chapter on\nSeptember fifteenth, nineteen hundred eighty-five and who was subject to\nthe provisions of this article as it existed immediately prior to\nSeptember fifteen, nineteen hundred eighty-five, and was employed in\nthis state as a driver of a school bus as defined in paragraph (a) of\nsubdivision one of section five hundred nine-a of this chapter at any\ntime during the first six months of nineteen hundred eighty-five, shall\nbe disqualified from operating a school bus as follows:\n (a) permanently, if that person\n (i) has been convicted of or forfeited bond or collateral which\nforfeiture order has not been vacated or the subject of an order of\nremission upon a violation committed prior to September fifteenth,\nnineteen hundred eighty-five, of section 130.30, 130.35, 130.45, 130.50,\n130.60, or 130.65 of the penal law, or an offense committed under a\nformer section of the penal law which would constitute a violation of\nthe aforesaid sections of the penal law or any offense committed outside\nof this state which would constitute a violation of the aforesaid\nsections of the penal law, provided, however, the provisions of this\nsubparagraph shall not apply to convictions, suspensions or revocations\nor forfeitures of bonds for collateral upon any of the charges listed in\nthis subparagraph for violations which occurred prior to September\nfirst, nineteen hundred seventy-four committed by a person employed as a\nbus driver on September first, nineteen hundred seventy-four. However,\nsuch disqualification may be waived provided that five years have\nexpired since the applicant was discharged or released from a sentence\nof imprisonment imposed pursuant to conviction of an offense that\nrequires disqualification under this paragraph and that the applicant\nshall have been granted a certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law. When the certificate is issued by a court for a\nconviction which occurred in this state, it shall only be issued by the\ncourt having jurisdiction over such conviction. Such certificate shall\nspecifically indicate that the authority granting such certificate has\nconsidered the bearing, if any, the criminal offense or offenses for\nwhich the person was convicted will have on the applicant's fitness or\nability to operate a bus transporting school children to the applicant's\nprospective employment, prior to granting such a certificate; or\n (ii) has been convicted of an offense listed in paragraph (a) of\nsubdivision four of this section that was committed on or after\nSeptember fifteenth, nineteen hundred eighty-five. However, such\ndisqualification may be waived by the commissioner provided that five\nyears have expired since the applicant was discharged or released from a\nsentence of imprisonment imposed pursuant to conviction of an offense\nthat requires disqualification under this paragraph and that the\napplicant shall have been granted a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law. When the certificate is issued by a\ncourt for a conviction which occurred in this state, it shall only be\nissued by the court having jurisdiction over such conviction. Such\ncertificate shall specifically indicate that the authority granting such\ncertificate has considered the bearing, if any, the criminal offense or\noffenses for which the person was convicted will have on the applicant's\nfitness or ability to operate a bus transporting school children, prior\nto granting such a certificate; or\n (iii) has been convicted of an offense listed in paragraph (b) of\nsubdivision four of this section that was committed on or after\nSeptember fifteenth, nineteen hundred eighty-five. However, such\ndisqualification shall be waived provided that five years have expired\nsince the applicant 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.\nWhen the certificate is issued by a court for a conviction which\noccurred in this state, it shall only be issued by the court having\njurisdiction over such conviction. Such certificate shall specifically\nindicate that the authority granting such certificate has considered the\nbearing, if any, the criminal offense or offenses for which the person\nwas convicted will have on the applicant's fitness or ability to operate\na bus transporting school children, prior to granting such a\ncertificate. Provided, however, that at the discretion of the\ncommissioner, the certificate of relief from disabilities may remove\ndisqualification at any time; or\n (b) for a period of five years from the date of last conviction\nspecified herein, if that person\n (i) has been convicted within the preceding five years of an offense\nlisted in paragraph (c) of subdivision four of this section that was\ncommitted on or after September fifteenth, nineteen hundred eighty-five.\nHowever, such disqualification shall be waived provided that the\napplicant has been granted a certificate of relief from disabilities or\na certificate of good conduct pursuant to article twenty-three of the\ncorrection law. When the certificate is issued by a court for a\nconviction which occurred in this state, it shall only be issued by the\ncourt having jurisdiction over such conviction. Such certificate shall\nspecifically indicate that the authority granting such certificate has\nconsidered the bearing, if any, the criminal offense or offenses for\nwhich the person was convicted will have on the applicant's fitness or\nability to operate a bus transporting school children, prior to granting\nsuch a certificate;\n (ii) has been convicted of any violation of section eleven hundred\nninety-two of this chapter or an offense committed outside this state\nwhich would constitute a violation of section eleven hundred ninety-two\nof this chapter, and the offense was committed while the driver was\ndriving a bus in the employ of a motor carrier or in the furtherance of\na commercial enterprise in interstate, intrastate or foreign commerce;\n (iii) 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 (iv) 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 one thousand one hundred ninety-two of this\nchapter, committed within any ten year period after September fifteenth,\nnineteen hundred eighty-five; or\n (v) has been convicted of leaving the scene of an accident which\nresulted in personal injury or death under section six hundred of this\nchapter or an offense committed outside of this state which would\nconstitute a violation of section six hundred of this chapter.\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 or 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 school bus drivers who are not subject to subdivision\none of this section shall be disqualified from operating a bus as\nfollows:\n (a) permanently, if that person has been convicted of an offense\nlisted in paragraph (a) of subdivision four of this section. However,\nsuch disqualification may be waived by the commissioner provided that\nfive years have expired since the applicant was discharged or released\nfrom a sentence of imprisonment imposed pursuant to conviction of an\noffense that requires disqualification under this paragraph and that the\napplicant shall have been granted a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law. When the certificate is issued by a\ncourt for a conviction which occurred in this state, it shall only be\nissued by the court having jurisdiction over such conviction. Such\ncertificate shall specifically indicate that the authority granting such\ncertificate has considered the bearing, if any, the criminal offense or\noffenses for which the person was convicted will have on the applicant's\nfitness or ability to operate a bus transporting school children to the\napplicant's prospective employment, prior to granting such a\ncertificate.\n (b) permanently, if that person has been convicted of an offense\nlisted in paragraph (b) of subdivision four of this section. However,\nsuch disqualification shall be waived provided that five years have\nexpired since the applicant was incarcerated pursuant to a sentence of\nimprisonment imposed on 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.\nWhen the certificate is issued by a court for a conviction which\noccurred in this state, it shall only be issued by the court having\njurisdiction over such conviction. Such certificate shall specifically\nindicate that the authority granting such certificate has considered the\nbearing, if any, the criminal offense or offenses for which the person\nwas convicted will have on the applicant's fitness or ability to operate\na bus transporting school children, prior to granting such a\ncertificate. Provided, however, that at the discretion of the\ncommissioner the certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law may remove disqualification at any time.\n (c) for a period of five years from the date of last conviction\nspecified herein, if that person\n (i) has been convicted within the preceding five years of an offense\nlisted in paragraph (c) of subdivision four of this section. However,\nnotwithstanding the provisions of subdivision three of section seven\nhundred one of the correction law. Such disqualification shall be waived\nprovided that the applicant has been granted a certificate of relief\nfrom disabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law. When the certificate is issued by a\ncourt for a conviction which occurred in this state, it shall only be\nissued by the court having jurisdiction over such conviction. Such\ncertificate shall specifically indicate that the authority granting such\ncertificate has considered the bearing, if any, the criminal offense or\noffenses for which the person was convicted will have on the applicant's\nfitness or ability to operate a bus transporting school children, prior\nto granting such a certificate.\n (ii) has been convicted of a violation of any subdivision of section\neleven hundred ninety-two of this chapter or an offense committed\noutside of this state which would constitute a violation of section\neleven hundred ninety-two of this chapter, and the offense was committed\nwhile the driver was driving a bus in the employ of a motor carrier or\nin the furtherance of a commercial enterprise in interstate, intrastate\nor foreign commerce;\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 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 (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; 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 (d) 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 (e) 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 (f) 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 (g) 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 (h) 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 school bus if that\nperson has had any license, permit, or privilege to operate a motor\nvehicle suspended, revoked, withdrawn or denied and such license, permit\nor privilege 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 (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)\nof subdivision one and paragraph (a) of subdivision two of this section\nthat result in permanent disqualification shall include a conviction\nunder sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,\n125.25, 125.26, 125.27, 130.30, 130.35, former sections 130.45 and\n130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,\n130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 230.34-a,\n235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the penal law or an\nattempt to commit any of the aforesaid offenses under section 110.00 of\nthe penal law, or any offenses committed under a former section of the\npenal law which would constitute violations of the aforesaid sections of\nthe penal law, or any offenses committed outside this state which would\nconstitute violations of the aforesaid sections of the penal law.\n (b) The offenses referred to in subparagraph (ii) of paragraph (a) of\nsubdivision one and paragraph (b) of subdivision two of this section\nthat result in permanent disqualification shall include a conviction\nunder sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,\n125.11, former section 130.40, sections 130.53, 130.60, 130.65-a,\n135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,\n260.00, 265.04 of the penal law or an attempt to commit any of the\naforesaid offenses under section 110.00 of the penal law, or any\noffenses committed under a former section of the penal law which would\nconstitute violations of the aforesaid sections of the penal law, or any\noffenses committed outside this state which would constitute violations\nof the aforesaid sections of the penal law.\n (c) The offenses referred to in subparagraph (i) of paragraph (b) of\nsubdivision one and subparagraph (i) of paragraph (c) of subdivision two\nof this section that result in disqualification for a period of five\nyears shall include a conviction under sections 100.10, 105.13, 115.05,\n120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,\n125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,\n140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,\n220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of section\n222.50, subdivision two of section 222.55, 230.00, 230.05, 230.06,\n230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07, 235.21,\n240.06, 245.00, 260.10, subdivision two of section 260.20 and sections\n260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the\npenal law or an attempt to commit any of the aforesaid offenses under\nsection 110.00 of the penal law, or any similar offenses committed under\na former section of the penal law, or any offenses committed under a\nformer section of the penal law which would constitute violations of the\naforesaid sections of the penal law, or any offenses committed outside\nthis state which would constitute violations of the aforesaid sections\nof the penal law.\n (5) As a part of such determination concerning whether an individual\nis disqualified from operating a school bus pursuant to this section,\nthe department shall submit a prospective driver's fingerprints to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of the education law, and may submit such fingerprints to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n