§ 509-n. Exempt carriers; reporting requirements. 1. A motor carrier
subject to the motor carrier regulations of the United States department
of transportation will be exempt from all of the annual and biennial
requirements of this article, except the annual requirement which
mandates that an affidavit of compliance be filed with the commissioner,
provided that (i) such motor carrier does not operate in this state a
school bus as defined in section one hundred forty-two of this chapter
or a bus used for the transportation of persons under the age of
twenty-one or persons of any age who are mentally disabled to a place of
vocational, academic or religious instruction or religious service
including nursery schools, day care centers and camps or (ii) such motor
carrier did not operate in the state during the previous calendar year
more than one hundred days or more than ten thousand bus vehicle miles.
Provided, however, for the purpose of this subdivision a school bus
shall not mean a bus operated by a motor carrier subject to the motor
carrier regulations of the United States department of transportation,
that occasionally transports pupils or persons of any age who are
mentally disabled and who are not residents of this state on chaperoned
chartered trips in New York state.

2. A motor carrier subject to the motor carrier regulations of the
United States department of transportation who is not exempt pursuant to
the provisions of subdivision one of this section may apply to the
commissioner for a waiver for those bus drivers, other than those
drivers who operate a school bus as defined in section one hundred
forty-two of this chapter or a bus used for the transportation of
persons under the age of twenty-one to a place of vocational, academic
or religious instruction or service including schools and camps, who
operate a bus in this state less than thirty days each year. Such
application shall include a description of a training and qualifying
program which has demonstrated the motor carrier's procedures for
qualifying bus drivers. Such program shall include an appropriate health
and driving record review and such other information as shall be
required by the commissioner to satisfy the intent of this article in an
effective manner.

3. The annual affidavit of compliance required under subdivision one
shall certify to the commissioner that the motor carrier does not employ
a bus driver who would operate a bus in New York state and who is
disqualified under section five hundred nine-c of this article, and also
shall certify the number of days and vehicle miles of bus service that
the carrier provided in the state during the previous calendar year. A
motor carrier exempted by this section shall furnish to the commissioner
upon request any records concerning drivers required to be kept by the
motor carrier regulations of the United States department of
transportation within ten days of receipt of such request. Failure of a
motor carrier to furnish such records requested within the ten day
period shall be a violation of this article.