Legislation

Search OpenLegislation Statutes

This entry was published on 2024-05-03
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 509-M
Duties of the department
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 5, ARTICLE 19-A
§ 509-m. Duties of the department. The department of motor vehicles
shall:

1. At least once every three years, review the bus driver files of
each motor carrier, provided, however, that the commissioner may review
such bus driver files at his discretion at any other time during regular
business hours. Provided, however, that the commissioner shall review at
least annually the bus driver files of each driver employed by a motor
carrier who operates an altered motor vehicle commonly referred to as a
"stretch limousine" designed to carry nine or more passengers including
the driver pursuant to operating authority issued by the commissioner of
transportation, and annually verify whether each such driver holds a
valid driver's license valid for the operation of such altered motor
vehicle.

2. Establish regulations and forms for the orderly administration of
and compliance with this article. Regulations shall also be established
which are necessary for implementation of the process for appeal
pursuant to subdivision two of section five hundred nine-d of this
article.

3. Provide each motor carrier with notice whenever one of the drivers
of such motor carrier has received revocation or suspension of a
driver's license, learner's permit or privilege to operate.

4. Provide a motor carrier who has complied with the requirements of
subdivision four of section five hundred nine-i of this article with
information on any employee of the motor carrier regarding a conviction
for a violation of this chapter.

5. Upon receipt of the criminal history record report of a school bus
driver, notify the motor carrier of disqualification of an applicant or
school bus driver which would or could disqualify such driver under the
provisions of section five hundred nine-cc of this article. Notification
to the carrier shall be without specification of the grounds for
disqualification, those grounds to be made available only to the school
bus driver or his or her representative.

6. In order to effectuate the provisions of this article, establish
procedures, by regulation, to conduct curbside verification of bus
driver and motor carrier identity to determine whether or not such motor
carrier has notified the commissioner of the bus driver's employment as
required by subdivision four of section five hundred nine-d of this
article and whether or not such motor carrier has compiled with the
provisions of this article and with any regulations promulgated
thereunder; provided, however, such verifications shall be conducted so
as not to disrupt the flow of traffic or endanger public safety.

7. The commissioner shall prepare and distribute a form for the
provision of objective data concerning the driving history of a bus
driver who is subject to regulation under this article. Such form shall
be completed by current or former employers of such bus drivers upon the
request of a prospective or subsequent employer.

8. Maintain and annually update its website to provide information
with regard to each motor carrier that operates altered motor vehicles
commonly referred to as "stretch limousines" designed to carry nine or
more passengers including the driver pursuant to operating authority
issued by the commissioner of transportation that includes the motor
carrier's name, location and region of operation including place of
address, whether such motor carrier is in compliance with this article
as required by section five hundred nine-j of this article in relation
to the operation of such altered motor vehicles, the number and nature
of violations of this article resulting in convictions of such motor
carrier in relation to the operation of such altered motor vehicles, the
number of miles traveled by such altered motor vehicles operated by such
motor carrier in the preceding twelve months, and, with respect to
drivers employed by such motor carrier operating such altered motor
vehicles, the total number so employed, the number holding valid
licenses which are valid for the operation of such altered motor
vehicles, the number which lack licenses valid for such operation, the
number disqualified from operating such altered motor vehicles, the
number of convictions and accidents involving any such driver employed
by such motor carrier during the preceding twelve months, and the number
of convictions and accidents per ten thousand miles traveled.

* 9. In coordination with the commissioner of transportation and the
superintendent of state police, establish and regularly update the form
and content of a pre-trip safety briefing for motor carriers that
operate altered motor vehicles commonly referred to as "stretch
limousines", designed to carry nine or more passengers including the
driver pursuant to operating authority issued by the commissioner of
transportation, which motor carriers shall provide to passengers prior
to transporting such passengers for hire in such stretch limousines.

* NB Effective April 20, 2025