§ 509-G — Examinations and tests

§ 509-g. Examinations and tests. Each motor carrier shall require the\nfollowing from each driver it employs:\n 1. A biennial examination pursuant to regulations established by the\ncommissioner, by a physician, a certified nurse practitioner to the\nextent authorized by law and consistent with subdivision three of\nsection six thousand nine hundred two of the education law, or a\nregistered physician assistant who is not the personal physician, nurse\npractitioner or physician assistant of the driver. Included shall be a\nrequirement to conduct a vision test pursuant to regulations issued by\nthe commissioner.\n 2. An annual check of the applicant's past driving record, and a\npersonal interview.\n 3. Regular observation of the driver's defensive driving performance\nwhile operating his vehicle with passengers by competent supervisory\nemployees of the carrier, or by competent outside supervisory personnel,\nwith written reports of the observations performed to be maintained in\nthe driver's file.\n 4. A biennial behind-the-wheel driving test conducted by competent\nsupervisory personnel of the carrier, or competent outside supervisory\npersonnel, to include defensive driving performance. Such driving test\nmay be conducted during the driver's normal daily operations and shall\nalso include:\n (1) Pretrip inspection.\n (2) Placing the vehicle in operation.\n (3) Use of the vehicle's controls and emergency equipment.\n (4) Operating the vehicle in traffic and while passing other vehicles.\n (5) Turning the vehicle.\n (6) Braking and slowing the vehicle by means other than braking.\n (7) Backing and parking the vehicle.\n 5. In addition to the provisions outlined above, all motor carriers\nshall require each driver biennially to complete a written or oral\nexamination testing his knowledge of the rules of the road, defensive\ndriving practices and the laws regulating driving a bus in this state.\nSuch examination may be conducted during the driver's normal daily\noperations.\n 6. (a) All motor carriers shall be required to conduct pre-employment\nand random drug and alcohol testing in accordance with the provisions\nand requirements of Part 382 of Title 49 of the Code of Federal\nRegulations on all drivers of a school bus, as defined by section one\nhundred forty-two of this chapter, regardless of commercial driver's\nlicense endorsement. Every such school bus driver shall be included in\nthe random testing pool from which drivers are randomly selected for\ntesting, and every such driver shall submit to such testing when\nselected, as required in Part 382 of Title 49 of the Code of Federal\nRegulations. For the purposes of this section "motor carriers" shall\nmean a school or municipality that transports children to and from\nschool or any person, corporation or entity in contract with a\nmunicipality or school district for the purposes of transporting\nchildren to and from school.\n (b) Drug testing administered pursuant to this section shall, at a\nminimum, be in conformance with drug testing procedures as set forth in\nPart 382 of Title 49 of the Code of Federal Regulations.\n 7. In addition to the other provisions of this section, in the event\nthe commissioner authorizes or requires the pre-trip safety briefings\nrequired pursuant to subdivision nine of section five hundred nine-m of\nthis article to be live and in-person, all motor carriers shall conduct\na regular observation of the proficiency of each driver who operates\naltered motor vehicles commonly referred to as "stretch limousines"\ndirected or operated by such motor carrier, designed to carry nine or\nmore passengers including the driver pursuant to operating authority\nissued by the commissioner of transportation, in providing such pre-trip\nsafety briefings.\n