N.Y. Comp. Codes R. & Regs. tit. 15 § 6.9

Current through Register Vol. 46, No. 22, May 29, 2024
Section 6.9 - Annual affidavit of compliance

Carriers are required to affirm their compliance to article 19-A by July 1st of each year. Failure to submit an acceptable and correct affidavit of compliance as specified on the affidavit form may result in suspension of all the vehicle registrations and the motor carrier's privilege of operation in this State. Such affidavit shall include the report required by section 6.8(d) of this Part.

(a) The Department of Motor Vehicles will provide the carrier with the affidavit of compliance (DS-3), instructions for completing the annual affidavit of compliance (DS-3.1), a listing of the drivers currently reported to the BDU by the motor carrier, and the annual statistical report required by section 6.8(d) of this Part. Electronic carriers shall submit the affidavit of compliance according to procedures prescribed by the BDU.
(b) The carrier will review the listing of drivers, verify that all of the current drivers' names and addresses are listed and that all drivers are qualified. The carrier will provide a corrected list of drivers to the department if needed:
(1) for drivers no longer in the carrier's employment, complete article 19-A bus driver add/drop notice (DS-885) and attach it to the DS-3;
(2) for drivers who do not appear on the list, submit article 19-A driver application (DS-870), with the completed affidavit (DS-3); school bus drivers must be electronically fingerprinted prior to the completion of the DS-870.

NOTE:

A carrier is required to update its roster whenever an employee is hired or terminated.

(c) Sign and date the affidavit of compliance. The completed affidavit with all supporting documentation must be received by July 1st. Return electronically or mail directly to:

BDU

New York State Department of Motor Vehicles

Empire State Plaza

Albany, New York 12228-0220

(d) When the affidavit of compliance is received, reviewed, and accepted by the BDU, the motor carrier will be sent a letter of acknowledgment.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.9

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