N.Y. Comp. Codes R. & Regs. tit. 15 § 6.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 6.8 - Annual review of driving record

(a) The provisions of this section do not require termination of employment as a bus driver based upon any single incident or series of incidents (other than convictions which require disqualification as set forth in sections 6.27 and 6.28 of this Part), but rather permit the motor carrier to apply reasonable standards in making a determination based upon the entire driving record. Except as required by sections 6.27 and 6.28 of this Part, any termination of employment based on the provisions of this section is, therefore, the determination of the motor carrier using its independent judgment. Each motor carrier shall:

(1) at least once every 12 months, require each bus driver it employs to prepare and furnish the carrier with a list of all violations and accidents as defined in section 6.2 of this Part, of motor vehicle traffic laws and ordinances (other than violations involving only parking) of which the driver has been convicted or of which he or she has forfeited bond or collateral during the preceding 12 months whether such violations or accidents occurred in this State or elsewhere. Such information shall be recorded in the employee's record as presented on the annual review of employees driving record form (DS-872);

(2) if a bus driver is a resident of, or is licensed by, a state other than New York, the motor carrier must also obtain an abstract of operating record from the appropriate agency in the bus driver's state of residence. For these drivers, the motor carrier is required to maintain the record in the driver's file; and

(3) at least once every 12 months, review the driving record of each driver it employs to determine whether that each driver meets minimum requirements for safe driving and is qualified to drive a bus pursuant to sections 6.3 and 6.4 of this Part. Such review shall include the information supplied under paragraph (1) of this subdivision and the information supplied by the mandatory notification program pursuant to section 6.17 of this Part. Such review shall determine whether the bus driver has a currently valid driver's license or learner's permit in the class and with the proper endorsements appropriate to the type of vehicle the driver operates in the course of his or her employment. In reviewing a driving record, the motor carrier or school district must consider any evidence that the bus driver has violated applicable provisions of the Vehicle and Traffic Law. The motor carrier must also consider the driver's accident record and any evidence that the driver has violated laws governing the operating 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.

(b)Annual personal interview.

A motor carrier shall conduct an annual review of the driver's operating record, and a personal interview. The personal interview shall consist of questions to ascertain whether or not the information the motor carrier has on file for the driver is accurate, and that the employee has been instructed in, and is in compliance with, the provisions of article 19-A. As part of such annual interview, the motor carrier shall instruct the driver about the provisions of section 6.15(d) of this Part which relate to the accumulation of three accidents within an 18 month period. The carrier shall instruct the driver about the potential driver's license sanctions and disqualification provisions as set forth in section 6.15 of this Part. The carrier shall also inform the driver about the motor vehicle accident prevention course provided for in section 6.15(d)(3) of this Part. Copies of all abstracts should be attached to the annual review of employees driving record. Compliance with this section shall be shown by completing the annual review of employees driving record from (DS-872) and maintain the form in the driver's file.

(c)Defensive driving performance-regular observation.

Regular observation of a driver's defensive driving performance while operating the bus with passengers shall be made by individuals certified by DMV (see section 6.13 of this Part). If an employee does not demonstrate satisfactory defensive driving techniques, the law does not require that the driver be disqualified. However, the motor carrier shall note on the annual defensive driving review form (DS-873) what the specific deficiency was and what corrective measures (i.e., retraining, retesting, additional defensive driving performance reviews) were taken to bring the driver's performance up to satisfactory standards.

NOTE:

The regular observation of a driver's defensive driving performance must be conducted at least once within every 12-month period and may not be combined with, nor conducted on the same day as, the biennial behind the wheel road test.

(d) Each motor carrier shall annually prepare a report setting forth:

(1) the number of miles travelled by buses operated by such motor carrier in the preceding 12 months;

(2) the number of convictions and accidents involving any driver employed by such motor carrier during the preceding 12 months, as reported to such carrier pursuant to this section; and

(3) the number of convictions and accidents per 10,000 miles travelled. Such report shall be filed with the department as an attachment to the affidavit of compliance required by section 6.9 of this Part, and a copy of such report shall be made available by the carrier to any person upon request.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.8

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff.3/15/2017