2006 New York Code - Definitions.

 
    §  17-601  Definitions.  As  used in this chapter, the following terms
  shall be defined as follows:
    a. "Driver" or "Bus driver" shall mean  every  person  employed  by  a
  motor  carrier  who  drives and operates a bus or other motor vehicle to
  transport school children and every person employed by a  motor  carrier
  who  drives  and  operates  a  mobile  instructional  unit pursuant to a
  contract between the motor carrier and the board of education.
    b. "Motor carrier" shall mean any person, corporation, or  entity  who
  operates  or  employs others to operate buses or other motor vehicles to
  transport school children and any person,  corporation,  or  entity  who
  operates  or  employs  others  to  operate  mobile  instructional  units
  pursuant to a contract with the board of education.
    c. "The department" shall mean the New York city department of  health
  and mental hygiene.
    d.  "Board" or "Board of education" shall mean the New York city board
  of education.
    e. "Illegal drug"  shall  mean  marijuana  or  concentrated  cannabis,
  cocaine  and  its  derivatives, opiates, amphetamines, phencyclidine and
  any other drug the board of education shall designate by  rule  pursuant
  to section 17-609 of this chapter.
    f.  "Drug test" shall mean a scientific procedure employing an initial
  screening test  and,  where  required  by  this  chapter,  a  subsequent
  confirmatory test on urine to detect the presence of illegal drugs.
    g. "Sample" shall mean a portion of a urine specimen used for testing.
    h.  "Screening  test" shall mean an immunoassay screen using a test at
  least as reliable as the enzyme multiplied immunoassay test.
    i. "Confirmatory  test"  shall  mean  a  second  analytical  procedure
  performed  on  a  different  sample of the same specimen that has tested
  positive on the screening test. j. "Pre-employment test"  shall  mean  a
  drug test given to an applicant for the position of driver.
    k.  "Random  test"  shall  mean  a  drug  test  given  annually  to  a
  predetermined percentage of drivers who are selected on a scientifically
  defensible random and unannounced basis.
    l. "Post-accident test" shall mean  a  drug  test  administered  to  a
  driver  after  a  serious accident or series of accidents, as defined in
  section 17-607, has occurred during his or her operation  of  a  bus  or
  other motor vehicle in the course of his or her employment.
    m.  "Return to duty test" shall mean a drug test given to a driver who
  previously tested positive to a drug test and  is  returning  to  active
  duty,  and  any  additional,  unannounced  drug  test administered for a
  period of up to sixty months after a positive test result.
    n. "Serious accident" shall  mean  an  accident  associated  with  the
  operation  of  a  bus  or  other  motor vehicle used to transport school
  children in which an individual dies or  must  be  taken  to  a  medical
  treatment  facility, or in which property damage is estimated to be more
  than two thousand five hundred dollars.
    o. "Chain of custody procedures" shall mean procedures to account  for
  the  integrity  of  each  urine  specimen  by  tracking its handling and
  storage from point of specimen collection to final  disposition  of  the
  specimen.
    p.   "Medical   review   officer"  shall  mean  a  licensed  physician
  responsible for receiving and interpreting laboratory results  generated
  by a drug testing program.
    q.  "Positive  test result" shall mean that the drug test result shows
  positive evidence that an illegal drug is present in a  driver's  system
  in  a  level  established  by the board of education pursuant to section
  17-609.


    r. "Pass a drug test" shall mean that a  medical  review  officer  has
  determined,  pursuant  to  section  17-609 herein, that the results of a
  drug test administered under this chapter: (1)  showed  no  evidence  or
  insufficient  evidence  of  an  illegal  drug; (2) showed evidence of an
  illegal  drug  but  there  was  a legitimate medical explanation for the
  result; (3) were scientifically insufficient to warrant further  action;
  or  (4)  were suspect because of irregularities in the administration of
  the test or observation of chain of custody procedures.
    s. "Active duty" shall mean the operation of  a  bus  or  other  motor
  vehicle used for the transportation of school children.
    t.  "School  year"  shall mean the period of time commencing September
  first and ending on August thirty-first.
    u. "Mobile instructional unit" shall mean a vehicle in which federally
  mandated educational services are provided to eligible non-public school
  children pursuant to title I of the Elementary and  Secondary  Education
  Act of 1965, as amended.