N.Y. VAT. LAW § 509-cc : NY Code - Section 509-CC: Disqualification of drivers of school buses

Search N.Y. VAT. LAW § 509-cc : NY Code - Section 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 as
  provided for in section seven hundred one 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 as provided  for  in  section  seven  hundred  one  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 as provided for
  in section seven hundred one 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  as
  provided  for  in  section seven hundred one 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 as provided  for  in  section  seven  hundred  one  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 as provided for
  in section seven hundred one 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.
    (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 as provided for in section seven hundred one-g 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, 125.20, 125.25, 125.26, 125.27,  130.30,  130.35,
  130.45, 130.50, 130.70, 135.25, 150.20 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, 125.10,  125.15,  130.40,
  130.60,  130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43,
  260.00, 263.05, 263.10, 263.15, 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,  125.13,  125.14,
  125.40, 125.45, 130.20, 130.25, 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, 221.30, 221.50, 221.55, 230.00, 230.05,  230.06,
  230.20,  230.25, 230.30, 230.32, 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.