§ 509-M — Duties of the department

§ 509-m. Duties of the department. The department of motor vehicles\nshall:\n 1. At least once every three years, review the bus driver files of\neach motor carrier, provided, however, that the commissioner may review\nsuch bus driver files at his discretion at any other time during regular\nbusiness hours. Provided, however, that the commissioner shall review at\nleast annually the bus driver files of each driver employed by a motor\ncarrier who operates an altered motor vehicle commonly referred to as a\n"stretch limousine" designed to carry nine or more passengers including\nthe driver pursuant to operating authority issued by the commissioner of\ntransportation, and annually verify whether each such driver holds a\nvalid driver's license valid for the operation of such altered motor\nvehicle.\n 2. Establish regulations and forms for the orderly administration of\nand compliance with this article. Regulations shall also be established\nwhich are necessary for implementation of the process for appeal\npursuant to subdivision two of section five hundred nine-d of this\narticle.\n 3. Provide each motor carrier with notice whenever one of the drivers\nof such motor carrier has received revocation or suspension of a\ndriver's license, learner's permit or privilege to operate.\n 4. Provide a motor carrier who has complied with the requirements of\nsubdivision four of section five hundred nine-i of this article with\ninformation on any employee of the motor carrier regarding a conviction\nfor a violation of this chapter.\n 5. Upon receipt of the criminal history record report of a school bus\ndriver, notify the motor carrier of disqualification of an applicant or\nschool bus driver which would or could disqualify such driver under the\nprovisions of section five hundred nine-cc of this article. Notification\nto the carrier shall be without specification of the grounds for\ndisqualification, those grounds to be made available only to the school\nbus driver or his or her representative.\n 6. In order to effectuate the provisions of this article, establish\nprocedures, by regulation, to conduct curbside verification of bus\ndriver and motor carrier identity to determine whether or not such motor\ncarrier has notified the commissioner of the bus driver's employment as\nrequired by subdivision four of section five hundred nine-d of this\narticle and whether or not such motor carrier has compiled with the\nprovisions of this article and with any regulations promulgated\nthereunder; provided, however, such verifications shall be conducted so\nas not to disrupt the flow of traffic or endanger public safety.\n 7. The commissioner shall prepare and distribute a form for the\nprovision of objective data concerning the driving history of a bus\ndriver who is subject to regulation under this article. Such form shall\nbe completed by current or former employers of such bus drivers upon the\nrequest of a prospective or subsequent employer.\n 8. Maintain and annually update its website to provide information\nwith regard to each motor carrier that operates altered motor vehicles\ncommonly referred to as "stretch limousines" designed to carry nine or\nmore passengers including the driver pursuant to operating authority\nissued by the commissioner of transportation that includes the motor\ncarrier's name, location and region of operation including place of\naddress, whether such motor carrier is in compliance with this article\nas required by section five hundred nine-j of this article in relation\nto the operation of such altered motor vehicles, the number and nature\nof violations of this article resulting in convictions of such motor\ncarrier in relation to the operation of such altered motor vehicles, the\nnumber of miles traveled by such altered motor vehicles operated by such\nmotor carrier in the preceding twelve months, and, with respect to\ndrivers employed by such motor carrier operating such altered motor\nvehicles, the total number so employed, the number holding valid\nlicenses which are valid for the operation of such altered motor\nvehicles, the number which lack licenses valid for such operation, the\nnumber disqualified from operating such altered motor vehicles, the\nnumber of convictions and accidents involving any such driver employed\nby such motor carrier during the preceding twelve months, and the number\nof convictions and accidents per ten thousand miles traveled.\n 9. In coordination with the commissioner of transportation and the\nsuperintendent of state police, establish and regularly update the form\nand content of a pre-trip safety briefing for motor carriers that\noperate altered motor vehicles commonly referred to as "stretch\nlimousines", designed to carry nine or more passengers including the\ndriver pursuant to operating authority issued by the commissioner of\ntransportation, which motor carriers shall provide to passengers prior\nto transporting such passengers for hire in such stretch limousines.\n