2010 New York Code
VAT - Vehicle & Traffic
Title 5 - DRIVERS' LICENSES
Article 19-A - (509-A - 509-O) SPECIAL REQUIREMENTS FOR BUS DRIVERS
509-C - Disqualification of bus drivers generally.

§ 509-c. Disqualification  of  bus  drivers  generally. (1) Other than
  persons requiring qualification under section five  hundred  nine-cc  of
  this  chapter, a person employed as a bus driver 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, shall be disqualified from operating a bus
  as follows:
    (a) permanently, if that person 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  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  paragraph  shall  not  apply  to  convictions,
  suspensions  or  revocations or forfeitures of bonds for collateral upon
  any of the  charges  listed  in  this  paragraph  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.
    (b) for a period of five  years  from  the  date  of  last  conviction
  specified herein, if that person (i) has been convicted of any violation
  of  any subdivision 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;
    (ii) 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;
    (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 which would constitute  a  violation  of
  any  subdivision  of  section eleven hundred ninety-two of this chapter,
  committed within any ten year period after September fifteenth, nineteen
  hundred eighty-five; 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. Such disqualification shall be for a period
  of three years if such conviction occurred prior to September fifteenth,
  nineteen hundred eighty-five; 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.
    (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 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 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 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.  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.
    (b) for a period of five  years  from  the  date  of  last  conviction
  specified herein, if the person
    (i)  has  been  convicted of a violation of any subdivision 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;
    (ii)  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
    (iii)  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
    (iv)  has  been  convicted of a violation of section 120.04, 120.04-a,
  125.13 or 235.07 of the penal law.
    (c) for a period of five years from the date of  last  conviction,  if
  that  person has been convicted of any 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 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.
    (e)  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;
    (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.
    (3) A person shall be disqualified from operating a 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.