N.Y. Comp. Codes R. & Regs. tit. 15 § 6.4

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

Section 6.4 - Qualification of school bus drivers

(a) In addition to the qualification procedures which must be followed for each bus driver and the forms which must be submitted for each bus driver as set forth in section 6.3 of this Part, any motor carrier which employs a driver who operates a school bus as defined in section 6.2(b) of this Part must require such driver to be fingerprinted as required by section 509-d of the Vehicle and Traffic Law.

(b)Previously fingerprinted drivers.

School bus drivers previously fingerprinted by a former carrier which employed them in accordance with this Part, may not need to be refingerprinted by a new employer/carrier. Verification of prior fingerprinting must be made by contacting the BDU. If it is verified, the completed article 19-A driver application form (DS-870) is the only item which should be submitted for that driver.

(c)"Conditional" school bus driver.

Pending criminal history clearance, the motor carrier shall classify each new school bus driver as conditionally hired for a period not to exceed 90 days from the date of hiring. Such period may only be extended with the written permission of the BDU.

(d) The BDU is authorized by law to access criminal conviction records maintained in the file of DCJS and the FBI identification division, for the purposes of determining an individual's qualification for employment as a driver of a school bus operating in New York State.

(1) If the department receives notification from DCJS or the FBI that the driver has a criminal conviction which will disqualify him or her as set forth in section 6.28 of this Part, it shall advise the driver, motor carrier, and/or school district/contractor of such disqualification. Upon receipt of such notice of disqualification, the motor carrier shall not permit the person to operate a school bus.

(2) If the department receives notification from DCJS or the FBI that the school bus driver has a pending criminal offense which could disqualify the person upon conviction, it shall advise the driver, motor carrier and/or school district/contractor of such possible disqualification, but shall not specify the offense. The motor carrier and/or school district shall require the applicant to provide documentation to the BDU upon disposition of such offense, consisting of an original document, not a copy, with the seal of the court and the signature of the presiding justice or court clerk.

(e)Appeal process.

Upon notification from DCJS or the FBI that a driver has been convicted of or is charged with a criminal offense which would or could disqualify him or her as a school bus driver under section 6.28 of this Part, the DMV shall notify the driver of his or her right to appeal. If the driver or applicant is challenging the accuracy or completeness of court disposition information on file with DCJS or the FBI, he or she shall be advised of the procedures to be utilized in appealing this information.

An appeal of disqualification based upon a conviction may not be appealed to the department's Appeals Board. In such cases, the driver may pursue a legal remedy in the courts pursuant to the provisions of article 78 of the Civil Practice Law and Rules. If the disqualification arises out of matter which is not a conviction, the driver may appeal to the Appeals Board within 60 days of the determination of disqualification. The Appeals Board may be contacted at the Empire State Plaza, Albany, NY 12228.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.4

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