§ 509-d. Qualification procedures for bus drivers, maintenance of
files and availability to subsequent employers. (1) Before employing a
new bus driver a motor carrier shall:

(i) require such person to pass a medical examination to drive a bus
as provided in section five hundred nine-g of this article;

(ii) obtain a driving record from the appropriate agency in every
state in which the person resided or worked and/or held a driver's
license or learner's permit during the preceding three years in a manner
prescribed by the commissioner;

(iii) investigate the person's employment record during the preceding
three years in a manner prescribed by the commissioner.

(2) Investigations and inquiries of drivers of school buses;
maintenance of file; availability to subsequent employer. (a) A motor
carrier shall request the department to initiate a criminal history
check for persons employed as drivers of school buses, as defined in
paragraph (a) of subdivision one of section five hundred nine-a of this
chapter, on September fourteenth, nineteen hundred eighty-five by such
motor carrier, in accordance with regulations of the commissioner by
requiring such school bus drivers to submit to the mandated
fingerprinting procedure. The department of motor vehicles at the
request of the motor carrier shall initiate a criminal history check of
all current school bus drivers of such motor carrier as well as those
hired on or after September fifteenth, nineteen hundred eighty-five by
requiring such drivers and applicants to submit to the mandated
fingerprinting procedure as part of the school bus driver qualification
procedure. Such fingerprinting procedure and the related fee as well as
a procedure for the return of such fingerprints upon application of a
person who has terminated employment as a school bus driver shall be
established in accordance with regulations of the commissioner in
consultation with the commissioner of the division of criminal justice
services. The fee to be paid by or on behalf of the school bus driver or
applicant shall be no more than five dollars over the cost to the
commissioner for the criminal history check. No cause of action against
the department, the division of criminal justice services, a motor
carrier or political subdivision for damages related to the
dissemination of criminal history records pursuant to this section shall
exist when such department, division, motor carrier or political
subdivision has reasonably and in good faith relied upon the accuracy
and completeness of criminal history information furnished to it by
qualified agencies. Fingerprints submitted to the division of criminal
justice services pursuant to this subdivision may also be submitted to
the federal bureau of investigation for a national criminal history
record check.

(b) After a motor carrier has completed the procedures set forth in
paragraph (a) this of subdivision, it shall designate each new school
bus driver as a conditional school bus driver as defined in section five
hundred nine-h of this article, until the carrier is in receipt of
information of the new school bus driver's qualification from the
department and the required driving records from each appropriate state
agency. If the information received indicates that there is a pending
criminal offense or driving violation that would require
disqualification of a school bus driver under this article, the motor
carrier shall require the applicant to provide documentation evidencing
the disposition of such offense or violation in accordance with
regulations established by the commissioner. The department, upon notice
of disqualification to an applicant, shall include in such notice
information regarding the applicant's right to appeal and contest any
claimed ground for disqualification. Such notice shall also advise the
applicant of his or her right to obtain, examine, inspect and copy any
information used by the department in support of its determination of
disqualification. In the event the applicant contests the existence of a
criminal conviction in his or her name, such applicant may provide
documentation evidencing the disposition of such offense or violation in
accordance with regulations established by the commissioner.

(3) Each motor carrier shall retain the following records in each
driver's file for a period of three years, in accordance with
regulations established by the commissioner:

(i) a driver abstract of operating record provided by the department
and the written information provided by the appropriate agency of
another state for each twelve month period;

(ii) replies from the department regarding the driver's
qualifications, as well as, any subsequent information concerning any
pending criminal charges against such driver;

(iii) the initial qualifying medical examination form and the biennial
medical examination form completed by the carrier's physician;

(iv) the annual defensive driving review forms completed pursuant to
section five hundred nine-g of this article; and

(v) the completed biennial behind-the-wheel examination forms as
required under section five hundred nine-g of this article.

(4) Each motor carrier shall notify the commissioner on the form and
in the manner established by regulation of the commissioner, within ten
days, of the date on which a bus driver commences employment, leaves the
carrier's employ or is disqualified. Such notification shall be provided
in accordance with regulations established by the commissioner and shall
include any information the motor carrier has relative to the bus
driver's disqualification, including any information regarding criminal
charges pending against the driver for violations which would disqualify
the driver if a conviction resulted.

(5) Each motor carrier shall furnish the department, by October
fifteenth, nineteen hundred eighty-five, a list of all bus drivers
employed on September fourteenth, nineteen hundred eighty-five in
accordance with regulations established by the commissioner.

(5-a) Every motor carrier shall furnish the department, beginning no
later than July first, two thousand twenty-one and annually thereafter,
a list of each altered motor vehicle commonly referred to as a "stretch
limousine", if any, designed to carry nine or more passengers including
the driver that such motor carrier operates pursuant to operating
authority issued by the commissioner of transportation, including the
vehicle identification number and registration number of each such
altered motor vehicle, and a list of all drivers such motor carrier
employs who drive such altered motor vehicles and whether such driver is
qualified or has been disqualified to operate such altered motor vehicle
pursuant to this article.

(6) Each motor carrier shall furnish the department within ten days of
receipt, with a copy of each bus driver's out-of-state driving record it
has obtained, if such driver resides in another state, or has been
employed in such other state within the past three years.

(7) Each motor carrier shall prepare a report setting forth: (a) the
number of miles travelled by buses operated by such motor carrier in the
preceding twelve months; (b) the number of convictions and accidents
involving any driver employed by such motor carrier during the preceding
twelve months, as reported to such carrier pursuant to section five
hundred nine-f of this chapter; and (c) the number of convictions and
accidents per ten thousand miles travelled. Such report shall be filed
with the department as an attachment to the affidavit of compliance
required by subdivision (c) of section five hundred nine-j of this
chapter, and a copy of such report shall be made available by the
carrier to any person upon request.