S T A T E O F N E W Y O R K
________________________________________________________________________
9289
I N S E N A T E
February 25, 2026
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law and the vehicle and traffic law, in
relation to pupil transportation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 14 of section 305 of the education law is
amended by adding a new paragraph h to read as follows:
H. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF
LAW TO THE CONTRARY, THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER
INTO A PIGGYBACK CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
STUDENTS PURSUANT TO A CONTRACT WITH A PRIVATE SINGLE PUPIL TRANSPORTA-
TION CONTRACTOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS
APPROPRIATE AND ENTRY INTO A PIGGYBACK CONTRACT WILL RESULT IN A COST
SAVINGS TO THE SCHOOL DISTRICT, AND PROVIDED FURTHER, THE COMMISSIONER
APPROVES SUCH PRIVATE TRANSPORTATION CONTRACTOR AS MEETING THE REQUIRE-
MENTS OF THE EDUCATION LAW. FOR PURPOSES OF THIS PARAGRAPH, A "PIGGYBACK
CONTRACT" MEANS A CONTRACT FOR THE TRANSPORTATION OF STUDENTS THAT: (1)
PROVIDES TRANSPORTATION FOR STUDENTS TO OR FROM SCHOOL OR SCHOOL-RELATED
ACTIVITIES WHETHER IN NEW YORK STATE OR OTHERWISE, WHERE ANOTHER SCHOOL
DISTRICT IS ALREADY BEING PROVIDED TRANSPORTATION THROUGH AN EXISTING
CONTRACT WITH A PRIVATE TRANSPORTATION CONTRACTOR, INCLUDING A COOPERA-
TIVELY BID CONTRACT; (2) IS EITHER AT THE COMMENCEMENT OF THE CONTRACT,
OR AT ANY POINT DURING THE CONTRACT TERM, ENTERED INTO BY THE PRIVATE
TRANSPORTATION CONTRACTOR AND EACH SCHOOL DISTRICT INVOLVED; AND (3)
PROVIDES FOR TRANSPORTATION IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF SUCH EXISTING TRANSPORTATION CONTRACT.
§ 2. Section 509-a of the vehicle and traffic law, as amended by chap-
ter 675 of the laws of 1985, subdivision 1 as amended by chapter 853 of
the laws of 1992, subdivision 3 as amended by chapter 360 of the laws of
1986 and subdivision 7 as added by chapter 599 of the laws of 1993, is
amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14876-01-6
S. 9289 2
§ 509-a. Definitions. As used in this article, the [term] FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(1) [bus] "BUS" shall mean every motor vehicle, owned, leased, rented
or otherwise controlled by a motor carrier, which (a) is a school bus as
defined in section one hundred forty-two of this chapter or has a seat-
ing capacity of more than ten adult passengers in addition to the driver
and which is used for the transportation of persons under the age of
twenty-one or persons of any age who are mentally or physically disabled
to a place of vocational, academic or religious instruction or religious
service including nursery schools, day care centers and camps, (b) is
required to obtain approval to operate in the state as a common or
contract carrier of passengers by motor vehicle from the commissioner of
transportation, or the interstate commerce commission, (c) is regulated
as a bus line by a city that has adopted an ordinance, local law or
charter to regulate or franchise bus line operations pursuant to subdi-
vision four of section eighty of the transportation law, (d) is regu-
lated as a van service or other common carrier of passengers by motor
vehicle covered under article seven of the transportation law by a city
with a population of over one million pursuant to an ordinance or local
law adopted pursuant to subdivision five of section eighty of the trans-
portation law or (e) is operated by a transit authority or municipality
and is used to transport persons for hire. Provided, however, that bus
shall not mean an authorized emergency vehicle operated in the course of
an emergency, or a motor vehicle used in the transportation of agricul-
tural workers to and from their place of employment;
(2) [driver or bus driver] "DRIVER" OR "BUS DRIVER" shall mean every
person: (i) who is self-employed and drives a bus for hire or profit;
or (ii) who is employed by a motor carrier and operates a bus owned,
leased or rented by such employer; or (iii) who as a volunteer drives a
bus which is owned, leased or rented by a motor carrier. Provided,
however, bus driver shall not include those persons who are engaged in
the maintenance, repair or garaging of such buses and in the course of
their duties must incidentally drive a bus without passengers, or who,
as a volunteer, drive a bus with passengers for less than thirty days
each year[;].
(3) [motor carrier] "MOTOR CARRIER" shall mean any person, corpo-
ration, municipality, or entity, public or private, who directs one or
more bus drivers and who operates a bus wholly within or partly within
and partly without this state in connection with the business of trans-
porting passengers for hire or in the operation or administration of any
business, or place of vocational, academic or religious instruction or
religious service for persons under the age of twenty-one or persons of
any age who are mentally disabled including nursery schools, day care
centers and camps, or public agency, except such out-of-state public or
governmental operators who may be exempted from the provisions of this
article by the commissioner through regulation promulgated by the
commissioner[;].
(4) [intoxicating liquor] "INTOXICATING LIQUOR" shall mean and
include, alcohol, spirits, liquor, wine, beer and cider having alcoholic
content[;].
(5) [drug] "DRUG" shall mean any substance listed in section thirty-
three hundred six of the public health law not dispensed or consumed
pursuant to a lawful prescription[;].
(6) [controlled substance] "CONTROLLED SUBSTANCE" shall mean any
substance listed in section thirty-three hundred six of the public
health law not dispensed or consumed pursuant to lawful prescription.
S. 9289 3
(7) [accident] "ACCIDENT" shall include any accident with another
vehicle, object or person, which occurs in this state or elsewhere, in
which any person is killed or injured, or in which damage to the proper-
ty of any one person, including the operator, in excess of one thousand
five hundred dollars is sustained, or in which damage in excess of two
thousand five hundred dollars is sustained to any bus as defined in
section one hundred four of this chapter; provided however that acci-
dents occurring outside this state shall not be recorded on the driver's
license record.
(8) "SCHOOL-RELATED PUPIL TRANSPORTATION" SHALL MEAN TO AND FROM
SCHOOL TRANSPORTATION, FIELD TRIPS, AFTER SCHOOL PROGRAM-RELATED TRANS-
PORTATION, PRESCHOOL AND CHILDCARE-RELATED TRANSPORTATION, ATHLETIC
PROGRAM-RELATED TRANSPORTATION, EXTRACURRICULAR SCHOOL ACTIVITY-RELATED
TRANSPORTATION, OR ANY TRANSPORTATION OF PUPILS TO OR FROM A SCHOOL
CAMPUS, IF PROVIDED BY A PRIVATE TRANSPORTATION CONTRACTOR.
(9) "SCHOOL TRANSPORTATION LOGISTICS VEHICLE" SHALL MEAN MOTOR VEHI-
CLES, EXCEPT A MOTORCYCLE, DESIGNED FOR CARRYING NO MORE THAN NINE
PASSENGERS, INCLUDING THE DRIVER, UTILIZED BY A LOGISTICS COMPANY
CONTRACTED BY A LOCAL EDUCATIONAL AGENCY, OR CONTRACTED BY ANY ENTITY
WITH FUNDING FROM A LOCAL EDUCATIONAL AGENCY, PROVIDING SCHOOL-RELATED
PUPIL TRANSPORTATION FOR COMPENSATION.
(10) "SCHOOL TRANSPORTATION LOGISTICS COORDINATOR" SHALL MEAN A LOGIS-
TICS COMPANY CONTRACTED BY A LOCAL EDUCATIONAL AGENCY OR CONTRACTED BY
ANY ENTITY WITH FUNDING FROM A LOCAL EDUCATIONAL AGENCY, PROVIDING
SCHOOL-RELATED PUPIL TRANSPORTATION FOR COMPENSATION IN A SCHOOL TRANS-
PORTATION LOGISTICS VEHICLE.
§ 3. Section 509-e of the vehicle and traffic law, as amended by chap-
ter 853 of the laws of 1975, is amended to read as follows:
§ 509-e. Annual review of driving record. (1) Each motor carrier
shall, at least once every twelve months, review the driving record of
each bus driver it employs to determine whether that driver meets mini-
mum requirements for safe driving and is qualified to drive a bus pursu-
ant to section five hundred nine-b of this article. In reviewing a driv-
ing record, the motor carrier must consider any evidence that the bus
driver has violated applicable provisions of [the vehicle and traffic
law] THIS CHAPTER. The motor carrier must also consider the driver's
accident record and any evidence that the driver has violated laws
governing the operation of motor vehicles, such as speeding, reckless
driving, and operating while under the influence of alcohol or drugs,
that indicate that the driver has exhibited a disregard for the safety
of the public. Such information shall be recorded in the employer's
record.
(2) EACH SCHOOL TRANSPORTATION LOGISTICS COORDINATOR SHALL, AT LEAST
ONCE EVERY TWELVE MONTHS, REVIEW THE DRIVING RECORD OF EACH SCHOOL
TRANSPORTATION LOGISTICS VEHICLE DRIVER IT CONTRACTS WITH TO DETERMINE
WHETHER THAT DRIVER MEETS MINIMUM REQUIREMENTS FOR SAFE DRIVING AND IS
QUALIFIED TO DRIVE SUCH VEHICLE PURSUANT TO SECTION FIVE HUNDRED NINE-
BBB OF THIS ARTICLE. IN REVIEWING A DRIVING RECORD, THE LOGISTICS COOR-
DINATOR SHALL CONSIDER ANY EVIDENCE THAT THE DRIVER HAS VIOLATED APPLI-
CABLE PROVISIONS OF THIS CHAPTER. THE LOGISTICS COORDINATOR SHALL ALSO
CONSIDER THE DRIVER'S ACCIDENT RECORD AND ANY EVIDENCE THAT THE DRIVER
HAS VIOLATED LAWS GOVERNING THE OPERATION OF MOTOR VEHICLES, SUCH AS
SPEEDING, RECKLESS DRIVING, AND OPERATING WHILE UNDER THE INFLUENCE OF
ALCOHOL OR DRUGS, THAT INDICATE THAT THE DRIVER HAS EXHIBITED A DISRE-
GARD FOR THE SAFETY OF THE PUBLIC. IN ADDITION, EACH SCHOOL TRANSPORTA-
TION LOGISTICS COORDINATOR SHALL CONDUCT PRE-SERVICE, RANDOM AND POST-
S. 9289 4
ACCIDENT DRUG TESTING. SUCH INFORMATION SHALL BE RECORDED IN THE
LOGISTICS COORDINATOR'S RECORD. NOTHING HEREIN SHALL REQUIRE THAT A
SCHOOL TRANSPORTATION LOGISTICS VEHICLE DRIVER BE REQUIRED TO HAVE A
COMMERCIAL DRIVER'S LICENSE IN ORDER TO PROVIDE SCHOOL-RELATED SINGLE
PUPIL TRANSPORTATION. FOR PURPOSES OF THIS SECTION, A SCHOOL BUS SHALL
NOT INCLUDE A SCHOOL TRANSPORTATION LOGISTICS VEHICLE DRIVEN BY A DRIVER
CONTRACTED BY A SCHOOL TRANSPORTATION LOGISTICS COMPANY.
§ 4. Subdivisions (a), (b), (c), (d) and (e) of section 509-j of the
vehicle and traffic law, subdivision (a) as added by chapter 1050 of the
laws of 1974, subdivisions (b) and (d) as amended by chapter 675 of the
laws of 1985, subdivision (c) as amended by chapter 599 of the laws of
1993 and subdivision (e) as amended by chapter 424 of the laws of 2000,
are amended to read as follows:
(a) Every motor carrier OR SCHOOL TRANSPORTATION LOGISTICS
COORDINATOR, its officers, agents, representatives, and employees
responsible for the management, maintenance, operation or driving of
motor vehicles, or the hiring, supervising, training, assigning, or
dispatching of drivers, shall be instructed in and comply with this
article.
(b) Nothing contained herein shall prevent a motor carrier, SCHOOL
TRANSPORTATION LOGISTICS COORDINATOR, or political subdivision from
imposing qualifications that are more stringent than those contained in
this article or from disqualifying a person who has been issued a condi-
tional or restricted use license pursuant to the provisions of article
twenty-one or twenty-one-A of this [chapter] TITLE.
(c) Every motor carrier OR SCHOOL TRANSPORTATION LOGISTICS COORDINATOR
shall submit an affidavit to the commissioner attesting to compliance
with this article. Such affidavit shall be submitted annually, in a
manner prescribed by regulations of the commissioner, and shall include
as an attachment thereto a copy of the report required by subdivision
seven of section five hundred nine-d of this [chapter] ARTICLE.
(d) Notwithstanding any provision of any other article of this [law]
CHAPTER, where an affidavit is not submitted pursuant to this section,
the commissioner may, in [his] THEIR discretion, suspend the registra-
tion of the vehicle or the vehicles or deny registration or renewal to
the vehicle or vehicles owned or operated by the motor carrier OR SCHOOL
TRANSPORTATION LOGISTICS COORDINATOR, or suspend the motor carrier's OR
SCHOOL TRANSPORTATION LOGISTICS COORDINATOR'S privilege of operation in
this state. Such suspension or denial shall only remain in effect as
long as the motor carrier OR SCHOOL TRANSPORTATION LOGISTICS COORDINATOR
fails to submit such affidavit.
(e) The commissioner or any person deputized by the commissioner, may
require any motor carrier OR SCHOOL TRANSPORTATION LOGISTICS COORDINATOR
to pay to the people of this state a civil penalty, if after the motor
carrier OR SCHOOL TRANSPORTATION LOGISTICS COORDINATOR has had an oppor-
tunity to be heard, the commissioner finds that the motor carrier OR
SCHOOL TRANSPORTATION LOGISTICS COORDINATOR has violated any provision
of this article or regulations promulgated therein, or has made any
false statement or misrepresentation on any affidavit of compliance
filed with the commissioner or with respect to violations of paragraphs
(i) and (ii) of subdivision one, paragraphs (a) and (b) of subdivision
two, and subdivisions three, four and five of section five hundred
nine-d, section five hundred nine-g, section five hundred nine-h and
subdivision two of section five hundred nine-l of this article the
commissioner may in lieu of or in addition to a civil penalty suspend
all of a motor carrier's registrations. Any civil penalty assessed for a
S. 9289 5
first violation shall not be less than five hundred dollars nor greater
than two thousand five hundred dollars for each violation, false state-
ment or representation found to have been made or committed, and for a
second or subsequent violation, not arising out of the same incident,
all of which were committed within a period of eighteen months, shall
not be less than five hundred dollars nor greater than five thousand
dollars for each violation, false statement or representation found to
have been made or committed. If the registrant fails to pay such penalty
within twenty days after the mailing of such order, postage prepaid,
certified and addressed to the last known place of business of such
registrant, unless such order is stayed by an order of a court of compe-
tent jurisdiction, the commissioner may revoke the vehicle registrations
or out of state registration privilege of operation in the state of such
motor carrier OR SCHOOL TRANSPORTATION LOGISTICS COORDINATOR, or may
suspend the same for such periods as the commissioner may determine.
Civil penalties assessed under this subdivision shall be paid to the
commissioner for deposit into the state treasury, and unpaid civil
penalties may be recovered by the commissioner in a civil action in the
name of the commissioner.
§ 5. The vehicle and traffic law is amended by adding a new section
509-bbb to read as follows:
§ 509-BBB. QUALIFICATIONS OF SCHOOL TRANSPORTATION LOGISTICS VEHICLE
DRIVERS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON SHALL BE
QUALIFIED TO OPERATE SCHOOL TRANSPORTATION LOGISTICS VEHICLES ONLY IF
SUCH PERSON:
(1) IS AT LEAST TWENTY-ONE YEARS OLD;
(2) HAS BEEN ISSUED A CURRENTLY VALID DRIVER'S LICENSE OR PERMIT WHICH
IS VALID FOR THE OPERATION OF A PASSENGER VEHICLE IN THIS STATE;
(3) HAS PASSED THE PHYSICAL EXAMINATIONS AND TESTS ADMINISTERED PURSU-
ANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE; AND
(4) IS NOT DISQUALIFIED TO DRIVE A MOTOR VEHICLE PURSUANT TO SECTION
FIVE HUNDRED NINE-C OR ANY OTHER PROVISION OF THIS ARTICLE.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
