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This entry was published on 2024-05-03
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Examinations and tests
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 19-A
³ 509-g. Examinations and tests. Each motor carrier shall require the
following from each driver it employs:

1. A biennial examination pursuant to regulations established by the
commissioner, by a physician, a certified nurse practitioner to the
extent authorized by law and consistent with subdivision three of
section six thousand nine hundred two of the education law, or a
registered physician assistant who is not the personal physician, nurse
practitioner or physician assistant of the driver. Included shall be a
requirement to conduct a vision test pursuant to regulations issued by
the commissioner.

2. An annual check of the applicant's past driving record, and a
personal interview.

3. Regular observation of the driver's defensive driving performance
while operating his vehicle with passengers by competent supervisory
employees of the carrier, or by competent outside supervisory personnel,
with written reports of the observations performed to be maintained in
the driver's file.

4. A biennial behind-the-wheel driving test conducted by competent
supervisory personnel of the carrier, or competent outside supervisory
personnel, to include defensive driving performance. Such driving test
may be conducted during the driver's normal daily operations and shall
also include:

(1) Pretrip inspection.

(2) Placing the vehicle in operation.

(3) Use of the vehicle's controls and emergency equipment.

(4) Operating the vehicle in traffic and while passing other vehicles.

(5) Turning the vehicle.

(6) Braking and slowing the vehicle by means other than braking.

(7) Backing and parking the vehicle.

5. In addition to the provisions outlined above, all motor carriers
shall require each driver biennially to complete a written or oral
examination testing his knowledge of the rules of the road, defensive
driving practices and the laws regulating driving a bus in this state.
Such examination may be conducted during the driver's normal daily

6. (a) All motor carriers shall be required to conduct pre-employment
and random drug and alcohol testing in accordance with the provisions
and requirements of Part 382 of Title 49 of the Code of Federal
Regulations on all drivers of a school bus, as defined by section one
hundred forty-two of this chapter, regardless of commercial driver's
license endorsement. Every such school bus driver shall be included in
the random testing pool from which drivers are randomly selected for
testing, and every such driver shall submit to such testing when
selected, as required in Part 382 of Title 49 of the Code of Federal
Regulations. For the purposes of this section "motor carriers" shall
mean a school or municipality that transports children to and from
school or any person, corporation or entity in contract with a
municipality or school district for the purposes of transporting
children to and from school.

(b) Drug testing administered pursuant to this section shall, at a
minimum, be in conformance with drug testing procedures as set forth in
Part 382 of Title 49 of the Code of Federal Regulations.

* 7. In addition to the other provisions of this section, in the event
the commissioner authorizes or requires the pre-trip safety briefings
required pursuant to subdivision nine of section five hundred nine-m of
this article to be live and in-person, all motor carriers shall conduct
a regular observation of the proficiency of each driver who operates
altered motor vehicles commonly referred to as "stretch limousines"
directed or operated by such motor carrier, designed to carry nine or
more passengers including the driver pursuant to operating authority
issued by the commissioner of transportation, in providing such pre-trip
safety briefings.

* NB Effective April 20, 2025