§ 509-D — Qualification procedures for bus drivers, maintenance of files and availability to subsequent employers

§ 509-d. Qualification procedures for bus drivers, maintenance of\nfiles and availability to subsequent employers. (1) Before employing a\nnew bus driver a motor carrier shall:\n (i) require such person to pass a medical examination to drive a bus\nas provided in section five hundred nine-g of this article;\n (ii) obtain a driving record from the appropriate agency in every\nstate in which the person resided or worked and/or held a driver's\nlicense or learner's permit during the preceding three years in a manner\nprescribed by the commissioner;\n (iii) investigate the person's employment record during the preceding\nthree years in a manner prescribed by the commissioner.\n (2) Investigations and inquiries of drivers of school buses;\nmaintenance of file; availability to subsequent employer. (a) A motor\ncarrier shall request the department to initiate a criminal history\ncheck for persons employed as drivers of school buses, as defined in\nparagraph (a) of subdivision one of section five hundred nine-a of this\nchapter, on September fourteenth, nineteen hundred eighty-five by such\nmotor carrier, in accordance with regulations of the commissioner by\nrequiring such school bus drivers to submit to the mandated\nfingerprinting procedure. The department of motor vehicles at the\nrequest of the motor carrier shall initiate a criminal history check of\nall current school bus drivers of such motor carrier as well as those\nhired on or after September fifteenth, nineteen hundred eighty-five by\nrequiring such drivers and applicants to submit to the mandated\nfingerprinting procedure as part of the school bus driver qualification\nprocedure. Such fingerprinting procedure and the related fee as well as\na procedure for the return of such fingerprints upon application of a\nperson who has terminated employment as a school bus driver shall be\nestablished in accordance with regulations of the commissioner in\nconsultation with the commissioner of the division of criminal justice\nservices. The fee to be paid by or on behalf of the school bus driver or\napplicant shall be no more than five dollars over the cost to the\ncommissioner for the criminal history check. No cause of action against\nthe department, the division of criminal justice services, a motor\ncarrier or political subdivision for damages related to the\ndissemination of criminal history records pursuant to this section shall\nexist when such department, division, motor carrier or political\nsubdivision has reasonably and in good faith relied upon the accuracy\nand completeness of criminal history information furnished to it by\nqualified agencies. Fingerprints submitted to the division of criminal\njustice services pursuant to this subdivision may also be submitted to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n (b) After a motor carrier has completed the procedures set forth in\nparagraph (a) this of subdivision, it shall designate each new school\nbus driver as a conditional school bus driver as defined in section five\nhundred nine-h of this article, until the carrier is in receipt of\ninformation of the new school bus driver's qualification from the\ndepartment and the required driving records from each appropriate state\nagency. If the information received indicates that there is a pending\ncriminal offense or driving violation that would require\ndisqualification of a school bus driver under this article, the motor\ncarrier shall require the applicant to provide documentation evidencing\nthe disposition of such offense or violation in accordance with\nregulations established by the commissioner. The department, upon notice\nof disqualification to an applicant, shall include in such notice\ninformation regarding the applicant's right to appeal and contest any\nclaimed ground for disqualification. Such notice shall also advise the\napplicant of his or her right to obtain, examine, inspect and copy any\ninformation used by the department in support of its determination of\ndisqualification. In the event the applicant contests the existence of a\ncriminal conviction in his or her name, such applicant may provide\ndocumentation evidencing the disposition of such offense or violation in\naccordance with regulations established by the commissioner.\n (3) Each motor carrier shall retain the following records in each\ndriver's file for a period of three years, in accordance with\nregulations established by the commissioner:\n (i) a driver abstract of operating record provided by the department\nand the written information provided by the appropriate agency of\nanother state for each twelve month period;\n (ii) replies from the department regarding the driver's\nqualifications, as well as, any subsequent information concerning any\npending criminal charges against such driver;\n (iii) the initial qualifying medical examination form and the biennial\nmedical examination form completed by the carrier's physician;\n (iv) the annual defensive driving review forms completed pursuant to\nsection five hundred nine-g of this article; and\n (v) the completed biennial behind-the-wheel examination forms as\nrequired under section five hundred nine-g of this article.\n (4) Each motor carrier shall notify the commissioner on the form and\nin the manner established by regulation of the commissioner, within ten\ndays, of the date on which a bus driver commences employment, leaves the\ncarrier's employ or is disqualified. Such notification shall be provided\nin accordance with regulations established by the commissioner and shall\ninclude any information the motor carrier has relative to the bus\ndriver's disqualification, including any information regarding criminal\ncharges pending against the driver for violations which would disqualify\nthe driver if a conviction resulted.\n (5) Each motor carrier shall furnish the department, by October\nfifteenth, nineteen hundred eighty-five, a list of all bus drivers\nemployed on September fourteenth, nineteen hundred eighty-five in\naccordance with regulations established by the commissioner.\n (5-a) Every motor carrier shall furnish the department, beginning no\nlater than July first, two thousand twenty-one and annually thereafter,\na list of each altered motor vehicle commonly referred to as a "stretch\nlimousine", if any, designed to carry nine or more passengers including\nthe driver that such motor carrier operates pursuant to operating\nauthority issued by the commissioner of transportation, including the\nvehicle identification number and registration number of each such\naltered motor vehicle, and a list of all drivers such motor carrier\nemploys who drive such altered motor vehicles and whether such driver is\nqualified or has been disqualified to operate such altered motor vehicle\npursuant to this article.\n (6) Each motor carrier shall furnish the department within ten days of\nreceipt, with a copy of each bus driver's out-of-state driving record it\nhas obtained, if such driver resides in another state, or has been\nemployed in such other state within the past three years.\n (7) Each motor carrier shall prepare a report setting forth: (a) the\nnumber of miles travelled by buses operated by such motor carrier in the\npreceding twelve months; (b) the number of convictions and accidents\ninvolving any driver employed by such motor carrier during the preceding\ntwelve months, as reported to such carrier pursuant to section five\nhundred nine-f of this chapter; and (c) the number of convictions and\naccidents per ten thousand miles travelled. Such report shall be filed\nwith the department as an attachment to the affidavit of compliance\nrequired by subdivision (c) of section five hundred nine-j of this\nchapter, and a copy of such report shall be made available by the\ncarrier to any person upon request.\n