N.Y. Comp. Codes R. & Regs. tit. 15 § 6.6

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

Section 6.6 - Leave of absence requirements

(a) For drivers who are permanently leaving the carriers service, the motor carrier must complete the article 19-A bus driver add/drop notice (DS-885) indicating the driver's date of separation. The DS-885 must be mailed to the BDU within 10 days of the effective date of such separation, provided however, an electronic carrier must notify the BDU within 10 days of the date of separation and retain the transaction receipt in such driver's file.

(b) For drivers who are temporarily leaving the carrier's service and whose absence will interfere with carriers ability to conduct the annual and biennial procedures, the carrier will complete the article 19-A bus driver add/drop notice (DS-885) and mail it to the BDU. This must be done within 10 days of the effective date of such leave, provided however, an electronic carrier must notify the BDU within 10 days of the effective date of such leave and retain the transaction receipt in such driver's file.

(c) For drivers being reinstated after a temporary leave or being reinstated by the same carrier at any time, the carrier must complete the article 19-A bus driver add/drop notice (DS-885) indicating reinstatement and mail it to the BDU within 10 days of the date of reinstatement, provided however, an electronic carrier must notify the BDU within 10 days of reinstatement of such driver and retain the transaction receipt in such driver's file. Any annual and biennial procedures which were required to be performed during the driver's leave should be conducted within 30 days of the date of reinstatement, provided however, a motor carrier must conduct a behind the wheel examination within 30 days of re-hiring a driver who has not been employed by any carrier for at least one year. Annual and biennial procedures not due during the period of leave shall be conducted on the dates previously assigned for the driver. EXCEPTION: IF A MEDICAL EXAMINATION WAS DUE DURING THE LEAVE PERIOD SUCH MEDICAL EXAM SHALL BE CONDUCTED BEFORE THE DRIVER IS PERMITTED TO RESUME HIS OR HER DUTIES TO DRIVE.

(d) A motor carrier which employs drivers on a short-term seasonal basis must establish annual and biennial procedure schedules effective with the original date of hire, provided however, a motor carrier must conduct a behind the wheel examination within 30 days of re-hiring a driver who has not been employed by any carrier for at least one year.

(e) A copy of the article 19-A bus driver add/drop notice (DS-885) must be filed in the record of drivers listed on such form.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 6.6

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