Legislation
SECTION 509-C
Disqualification of bus drivers generally
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 19-A
§ 509-c. Disqualification of bus drivers generally. (1) Other than
persons requiring qualification under section five hundred nine-cc of
this chapter, a person employed as a bus driver on September fifteenth,
nineteen hundred eighty-five and who was subject to the provisions of
this article as it existed immediately prior to September fifteen,
nineteen hundred eighty-five, shall be disqualified from operating a bus
as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law, provided, however,
the provisions of this paragraph shall not apply to convictions,
suspensions or revocations or forfeitures of bonds for collateral upon
any of the charges listed in this paragraph for violations which
occurred prior to September first, nineteen hundred seventy-four
committed by a person employed as a bus driver on September first,
nineteen hundred seventy-four. However, such disqualification may be
waived provided that five years have expired since the applicant was
discharged or released from a sentence of imprisonment imposed pursuant
to conviction of an offense that requires disqualification under this
paragraph and that the applicant shall have been granted a certificate
of relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law.
(b) for a period of five years from the date of last conviction
specified herein, if that person
(i) has been convicted of any violation of any subdivision of section
eleven hundred ninety-two of this chapter or an offense committed
outside this state which would constitute a violation of section eleven
hundred ninety-two of this chapter, and the offense was committed while
the driver was driving a bus in the employ of a motor carrier or in the
furtherance of a commercial enterprise in interstate, intrastate or
foreign commerce;
(ii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or offenses committed
outside this state which would constitute a violation of section eleven
hundred ninety-two of this chapter, committed within the preceding five
year period;
(iii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter, or an offense
committed outside of this state which would constitute a violation of
any subdivision of section eleven hundred ninety-two of this chapter,
committed within any ten year period after September fifteenth, nineteen
hundred eighty-five; or
(iv) has been convicted of leaving the scene of an accident which
resulted in personal injury or death under subdivision two of section
six hundred of this chapter or an offense committed outside of this
state which would constitute a violation of subdivision two of section
six hundred of this chapter. Such disqualification shall be for a period
of three years if such conviction occurred prior to September fifteenth,
nineteen hundred eighty-five; or
(v) has been convicted of a violation of section 120.04, 120.04-a,
125.13, 125.14 or 235.07 of the penal law.
(c) for a period of five years from the date of last conviction, if
that person has been convicted of a violation of subdivision three of
section five hundred eleven of this chapter on or after September
fifteenth, nineteen hundred eighty-five;
(d) for a period of one year, if that person has accumulated nine or
more points on his or her driving record for acts that occurred during
an eighteen month period on or after September fifteenth, nineteen
hundred eighty-five, provided, however, that the disqualification shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle accident prevention course.
(e) for a period of one year, if that person was the operator of a
motor vehicle involved in two or more accidents of a nature and type set
forth in section five hundred nine-a of this article, where such
accidents occurred within an eighteen-month period following a
reexamination conducted pursuant to section five hundred nine-bb of this
article, provided that accidents in which the driver was completely
without fault shall not be included in determining whether such
disqualification is required;
(f) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle accident prevention course approved by the
commissioner and to then undergo a second road test administered
pursuant to section five hundred nine-bb of this article, and such
disqualification shall cease if such person passes such second road
test.
(g) for the period that such person's license is revoked or suspended
for violating section eleven hundred ninety-two of this chapter or an
offense committed outside of this state which would constitute a
violation of section eleven hundred ninety-two of this chapter. Such
disqualification shall be for not less than six months.
(2) All other bus drivers who are not subject to subdivision one of
this section shall be disqualified from operating a bus as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation committed prior to
September fifteenth, nineteen hundred eighty-five, of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law. However, such
disqualification may be waived provided that five years have expired
since the applicant was discharged or released from a sentence of
imprisonment imposed pursuant to conviction of an offense that requires
disqualification under this paragraph and that the applicant shall have
been granted a certificate of relief from disabilities or a certificate
of good conduct pursuant to article twenty-three of the correction law.
(b) for a period of five years from the date of last conviction
specified herein, if the person
(i) has been convicted of a violation of any subdivision of section
eleven hundred ninety-two of this chapter or an offense committed
outside this state which would constitute a violation of section eleven
hundred ninety-two of this chapter, and the offense was committed while
the driver was driving a bus in the employ of a motor carrier or in the
furtherance of a commercial enterprise in interstate, intrastate or
foreign commerce;
(ii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or an offense
committed outside of this state within any ten year period on or after
September fifteenth, nineteen hundred eighty-five, which would
constitute a violation of section eleven hundred ninety-two of this
chapter; or
(iii) has been convicted of leaving the scene of an accident which
resulted in personal injury or death under subdivision two of section
six hundred of this chapter or an offense committed outside of this
state which would constitute a violation of subdivision two of section
six hundred of this chapter; or
(iv) has been convicted of a violation of section 120.04, 120.04-a,
125.13 or 235.07 of the penal law.
(c) for a period of five years from the date of last conviction, if
that person has been convicted of any violation of subdivision three of
section five hundred eleven of this chapter on or after September
fifteenth, nineteen hundred eighty-five;
(d) for a period of one year, if that person accumulates nine or more
points on his or her driving record for acts occurring during an
eighteen month period, provided, however, that the disqualification
shall terminate if the person has reduced the points to less than nine
through the successful completion of a motor vehicle accident prevention
course.
(e) for a period of one year, if that person was the operator of a
motor vehicle involved in two or more accidents of a nature and type set
forth in section five hundred nine-a of this article, where such
accidents occurred within an eighteen-month period following a
reexamination conducted pursuant to section five hundred nine-bb of this
article, provided that accidents in which the driver was completely
without fault shall not be included in determining whether such
disqualification is required;
(f) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle accident prevention course approved by the
commissioner and to then undergo a second road test administered
pursuant to section five hundred nine-bb of this article, and such
disqualification shall cease if such person passes such second road
test.
(g) for the period that such person's license is revoked or suspended
for violating section eleven hundred ninety-two of this chapter or an
offense committed outside of this state which would constitute a
violation of section eleven hundred ninety-two of this chapter. Such
disqualification shall be for not less than six months.
(3) A person shall be disqualified from operating a bus if that person
has had any license, permit, or privilege to operate a motor vehicle
suspended, revoked, withdrawn or denied and such license, permit or
privilege has not been reinstated by the authority which took such
action. Provided, however, that the provisions of this subdivision shall
not apply to a person whose (i) license, permit or privilege to operate
a motor vehicle cannot be reinstated because of non-residency in the
state in which the license was suspended, revoked, withdrawn or denied
or (ii) a person holds a conditional driver's license or a restricted
use license issued by the commissioner pursuant to the provisions of
article twenty-one or twenty-one-A of this chapter, and is not
disqualified under any other provision of this article.
persons requiring qualification under section five hundred nine-cc of
this chapter, a person employed as a bus driver on September fifteenth,
nineteen hundred eighty-five and who was subject to the provisions of
this article as it existed immediately prior to September fifteen,
nineteen hundred eighty-five, shall be disqualified from operating a bus
as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law, provided, however,
the provisions of this paragraph shall not apply to convictions,
suspensions or revocations or forfeitures of bonds for collateral upon
any of the charges listed in this paragraph for violations which
occurred prior to September first, nineteen hundred seventy-four
committed by a person employed as a bus driver on September first,
nineteen hundred seventy-four. However, such disqualification may be
waived provided that five years have expired since the applicant was
discharged or released from a sentence of imprisonment imposed pursuant
to conviction of an offense that requires disqualification under this
paragraph and that the applicant shall have been granted a certificate
of relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law.
(b) for a period of five years from the date of last conviction
specified herein, if that person
(i) has been convicted of any violation of any subdivision of section
eleven hundred ninety-two of this chapter or an offense committed
outside this state which would constitute a violation of section eleven
hundred ninety-two of this chapter, and the offense was committed while
the driver was driving a bus in the employ of a motor carrier or in the
furtherance of a commercial enterprise in interstate, intrastate or
foreign commerce;
(ii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or offenses committed
outside this state which would constitute a violation of section eleven
hundred ninety-two of this chapter, committed within the preceding five
year period;
(iii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter, or an offense
committed outside of this state which would constitute a violation of
any subdivision of section eleven hundred ninety-two of this chapter,
committed within any ten year period after September fifteenth, nineteen
hundred eighty-five; or
(iv) has been convicted of leaving the scene of an accident which
resulted in personal injury or death under subdivision two of section
six hundred of this chapter or an offense committed outside of this
state which would constitute a violation of subdivision two of section
six hundred of this chapter. Such disqualification shall be for a period
of three years if such conviction occurred prior to September fifteenth,
nineteen hundred eighty-five; or
(v) has been convicted of a violation of section 120.04, 120.04-a,
125.13, 125.14 or 235.07 of the penal law.
(c) for a period of five years from the date of last conviction, if
that person has been convicted of a violation of subdivision three of
section five hundred eleven of this chapter on or after September
fifteenth, nineteen hundred eighty-five;
(d) for a period of one year, if that person has accumulated nine or
more points on his or her driving record for acts that occurred during
an eighteen month period on or after September fifteenth, nineteen
hundred eighty-five, provided, however, that the disqualification shall
terminate if the person has reduced the points to less than nine through
the successful completion of a motor vehicle accident prevention course.
(e) for a period of one year, if that person was the operator of a
motor vehicle involved in two or more accidents of a nature and type set
forth in section five hundred nine-a of this article, where such
accidents occurred within an eighteen-month period following a
reexamination conducted pursuant to section five hundred nine-bb of this
article, provided that accidents in which the driver was completely
without fault shall not be included in determining whether such
disqualification is required;
(f) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle accident prevention course approved by the
commissioner and to then undergo a second road test administered
pursuant to section five hundred nine-bb of this article, and such
disqualification shall cease if such person passes such second road
test.
(g) for the period that such person's license is revoked or suspended
for violating section eleven hundred ninety-two of this chapter or an
offense committed outside of this state which would constitute a
violation of section eleven hundred ninety-two of this chapter. Such
disqualification shall be for not less than six months.
(2) All other bus drivers who are not subject to subdivision one of
this section shall be disqualified from operating a bus as follows:
(a) permanently, if that person has been convicted of or forfeited
bond or collateral which forfeiture order has not been vacated or the
subject of an order of remission upon a violation committed prior to
September fifteenth, nineteen hundred eighty-five, of section 130.30,
130.35, 130.45, 130.50, 130.60, or 130.65 of the penal law, or an
offense committed under a former section of the penal law which would
constitute a violation of the aforesaid sections of the penal law or any
offense committed outside of this state which would constitute a
violation of the aforesaid sections of the penal law. However, such
disqualification may be waived provided that five years have expired
since the applicant was discharged or released from a sentence of
imprisonment imposed pursuant to conviction of an offense that requires
disqualification under this paragraph and that the applicant shall have
been granted a certificate of relief from disabilities or a certificate
of good conduct pursuant to article twenty-three of the correction law.
(b) for a period of five years from the date of last conviction
specified herein, if the person
(i) has been convicted of a violation of any subdivision of section
eleven hundred ninety-two of this chapter or an offense committed
outside this state which would constitute a violation of section eleven
hundred ninety-two of this chapter, and the offense was committed while
the driver was driving a bus in the employ of a motor carrier or in the
furtherance of a commercial enterprise in interstate, intrastate or
foreign commerce;
(ii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or an offense
committed outside of this state within any ten year period on or after
September fifteenth, nineteen hundred eighty-five, which would
constitute a violation of section eleven hundred ninety-two of this
chapter; or
(iii) has been convicted of leaving the scene of an accident which
resulted in personal injury or death under subdivision two of section
six hundred of this chapter or an offense committed outside of this
state which would constitute a violation of subdivision two of section
six hundred of this chapter; or
(iv) has been convicted of a violation of section 120.04, 120.04-a,
125.13 or 235.07 of the penal law.
(c) for a period of five years from the date of last conviction, if
that person has been convicted of any violation of subdivision three of
section five hundred eleven of this chapter on or after September
fifteenth, nineteen hundred eighty-five;
(d) for a period of one year, if that person accumulates nine or more
points on his or her driving record for acts occurring during an
eighteen month period, provided, however, that the disqualification
shall terminate if the person has reduced the points to less than nine
through the successful completion of a motor vehicle accident prevention
course.
(e) for a period of one year, if that person was the operator of a
motor vehicle involved in two or more accidents of a nature and type set
forth in section five hundred nine-a of this article, where such
accidents occurred within an eighteen-month period following a
reexamination conducted pursuant to section five hundred nine-bb of this
article, provided that accidents in which the driver was completely
without fault shall not be included in determining whether such
disqualification is required;
(f) for a period of one year, if that person fails to pass a road test
administered pursuant to section five hundred nine-bb of this article;
provided, however, that such person shall be given the opportunity to
complete a motor vehicle accident prevention course approved by the
commissioner and to then undergo a second road test administered
pursuant to section five hundred nine-bb of this article, and such
disqualification shall cease if such person passes such second road
test.
(g) for the period that such person's license is revoked or suspended
for violating section eleven hundred ninety-two of this chapter or an
offense committed outside of this state which would constitute a
violation of section eleven hundred ninety-two of this chapter. Such
disqualification shall be for not less than six months.
(3) A person shall be disqualified from operating a bus if that person
has had any license, permit, or privilege to operate a motor vehicle
suspended, revoked, withdrawn or denied and such license, permit or
privilege has not been reinstated by the authority which took such
action. Provided, however, that the provisions of this subdivision shall
not apply to a person whose (i) license, permit or privilege to operate
a motor vehicle cannot be reinstated because of non-residency in the
state in which the license was suspended, revoked, withdrawn or denied
or (ii) a person holds a conditional driver's license or a restricted
use license issued by the commissioner pursuant to the provisions of
article twenty-one or twenty-one-A of this chapter, and is not
disqualified under any other provision of this article.