§ 509-cc. Disqualification of drivers of school buses. (1) A person
employed as a driver of a school bus as defined in paragraph (a) of
subdivision one of section five hundred nine-a of this chapter 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, and was employed in
this state as a driver of a school bus as defined in paragraph (a) of
subdivision one of section five hundred nine-a of this chapter at any
time during the first six months of nineteen hundred eighty-five, shall
be disqualified from operating a school bus as follows:

(a) permanently, if that person

(i) 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, provided, however, the provisions of this
subparagraph shall not apply to convictions, suspensions or revocations
or forfeitures of bonds for collateral upon any of the charges listed in
this subparagraph 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. When the certificate is issued by a court for a
conviction which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such certificate has
considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children to the applicant's
prospective employment, prior to granting such a certificate; or

(ii) has been convicted of an offense listed in paragraph (a) of
subdivision four of this section that was committed on or after
September fifteenth, nineteen hundred eighty-five. However, such
disqualification may be waived by the commissioner 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. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
to granting such a certificate; or

(iii) has been convicted of an offense listed in paragraph (b) of
subdivision four of this section that was committed on or after
September fifteenth, nineteen hundred eighty-five. However, such
disqualification shall be waived provided that five years have expired
since the applicant 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.
When the certificate is issued by a court for a conviction which
occurred in this state, it shall only be issued by the court having
jurisdiction over such conviction. Such certificate shall specifically
indicate that the authority granting such certificate has considered the
bearing, if any, the criminal offense or offenses for which the person
was convicted will have on the applicant's fitness or ability to operate
a bus transporting school children, prior to granting such a
certificate. Provided, however, that at the discretion of the
commissioner, the certificate of relief from disabilities may remove
disqualification at any time; or

(b) for a period of five years from the date of last conviction
specified herein, if that person

(i) has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section that was
committed on or after September fifteenth, nineteen hundred eighty-five.
However, such disqualification shall be waived provided that the
applicant has been granted a certificate of relief from disabilities or
a certificate of good conduct pursuant to article twenty-three of the
correction law. When the certificate is issued by a court for a
conviction which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such certificate has
considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children, prior to granting
such a certificate;

(ii) has been convicted of any violation 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;

(iii) 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;

(iv) 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 one thousand one hundred ninety-two of this
chapter, committed within any ten year period after September fifteenth,
nineteen hundred eighty-five; or

(v) has been convicted of leaving the scene of an accident which
resulted in personal injury or death under section six hundred of this
chapter or an offense committed outside of this state which would
constitute a violation of section six hundred of this chapter.

(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 or 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 school 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 an offense
listed in paragraph (a) of subdivision four of this section. However,
such disqualification may be waived by the commissioner 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. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children to the
applicant's prospective employment, prior to granting such a
certificate.

(b) permanently, if that person has been convicted of an offense
listed in paragraph (b) of subdivision four of this section. However,
such disqualification shall be waived provided that five years have
expired since the applicant was incarcerated pursuant to a sentence of
imprisonment imposed on 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.
When the certificate is issued by a court for a conviction which
occurred in this state, it shall only be issued by the court having
jurisdiction over such conviction. Such certificate shall specifically
indicate that the authority granting such certificate has considered the
bearing, if any, the criminal offense or offenses for which the person
was convicted will have on the applicant's fitness or ability to operate
a bus transporting school children, prior to granting such a
certificate. Provided, however, that at the discretion of the
commissioner the certificate of relief from disabilities or a
certificate of good conduct pursuant to article twenty-three of the
correction law may remove disqualification at any time.

(c) for a period of five years from the date of last conviction
specified herein, if that person

(i) has been convicted within the preceding five years of an offense
listed in paragraph (c) of subdivision four of this section. However,
notwithstanding the provisions of subdivision three of section seven
hundred one of the correction law. Such disqualification shall be waived
provided that the applicant has been granted a certificate of relief
from disabilities or a certificate of good conduct pursuant to article
twenty-three of the correction law. When the certificate is issued by a
court for a conviction which occurred in this state, it shall only be
issued by the court having jurisdiction over such conviction. Such
certificate shall specifically indicate that the authority granting such
certificate has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children, prior
to granting such a certificate.

(ii) has been 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 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;

(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 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

(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; 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.

(d) 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;

(e) 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.

(f) 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;

(g) 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.

(h) 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 school 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.

(4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
of subdivision one and paragraph (a) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22,
125.25, 125.26, 125.27, 130.30, 130.35, former sections 130.45 and
130.50, sections 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90,
130.95, 130.96, 135.25, 150.20, 230.30, 230.32, 230.34, 230.34-a,
235.22, 263.05, 263.10, 263.11, 263.15, 263.16 of the penal law or an
attempt to commit any of the aforesaid offenses under section 110.00 of
the penal law, or any offenses committed under a former section of the
penal law which would constitute violations of the aforesaid sections of
the penal law, or any offenses committed outside this state which would
constitute violations of the aforesaid sections of the penal law.

(b) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
125.11, former section 130.40, sections 130.53, 130.60, 130.65-a,
135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.44, 230.25,
260.00, 265.04 of the penal law or an attempt to commit any of the
aforesaid offenses under section 110.00 of the penal law, or any
offenses committed under a former section of the penal law which would
constitute violations of the aforesaid sections of the penal law, or any
offenses committed outside this state which would constitute violations
of the aforesaid sections of the penal law.

(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, subdivision two of section
222.50, subdivision two of section 222.55, 230.00, 230.05, 230.06,
230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07, 235.21,
240.06, 245.00, 260.10, subdivision two of section 260.20 and sections
260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the
penal law or an attempt to commit any of the aforesaid offenses under
section 110.00 of the penal law, or any similar offenses committed under
a former section of the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses committed outside
this state which would constitute violations of the aforesaid sections
of the penal law.

(5) As a part of such determination concerning whether an individual
is disqualified from operating a school bus pursuant to this section,
the department shall submit a prospective driver's fingerprints to the
division of criminal justice services for a state criminal history
record check, as defined in subdivision one of section three thousand
thirty-five of the education law, and may submit such fingerprints to
the federal bureau of investigation for a national criminal history
record check.