N.Y. Comp. Codes R. & Regs. tit. 17 § 721.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 721.3 - Driver requirements

(a) Driver license. All drivers shall be duly licensed to operate a bus or other passenger carrying motor vehicle in the State of New York pursuant to the Vehicle and Traffic Law. This often will require that a driver possess a commercial vehicle license and the appropriate passenger endorsement.

(b) Article 19-A and B registration. All drivers covered under the requirements of article 19-A or B of the Vehicle and Traffic Law shall be properly registered with the Bus Driver Unit of the New York State Department of Motor Vehicles.

(c) Safety rules. All drivers of buses and passenger carrying vehicles shall have general knowledge of the NYSDOT's applicable safety rules and regulations governing motor carriers of passengers, including Parts 720 (Vehicle Safety Regulations - sections 720.0 to 720.3, 720.7 and 720.11 ), 721 (Vehicle/Driver Operational Requirements), 722 (Reports of Accidents) and 723 (Hours of Labor for Operators of Motor Buses).

(d) Pre-trip inspection. At the beginning of each work day or shift, the driver shall be satisfied that the motor vehicle is in safe operating condition prior to carrying passengers. Additionally:

(1) The driver shall review the last driver vehicle inspection report in order to verify that the operator has addressed the potential safety defect(s) noted on the previous report and the vehicle is safe for dispatch.

(2) In addition to checking for repair of deficiencies noted on the previous driver report, the driver shall complete the pre-trip inspection report set forth in section 721.2(b) of this Part, which includes the date of the inspection, vehicle number, mileage, and the driver's name.

(3) Each completed report shall list any defect or deficiency discovered by the driver which would affect the safe operation of the vehicle or likely result in its mechanical breakdown. If no defect or deficiency is discovered, the report shall so indicate.

(4) In all instances, the driver shall sign the report.

(e) Post-trip review. At the completion of each work day or shift, the driver shall conduct a review to identify if the motor vehicle is still in a safe operating condition. Specifically:

(1) the driver shall complete the post-trip review report set forth in section 721.2(b) of this Part;

(2) the driver shall list on the report the date of the inspection, vehicle number, mileage, and his/her name, as well as any defect or deficiency discovered by the driver during the workday/shift, which could adversely affect the safety of operation of the vehicle or result in its mechanical breakdown. If no defect or deficiency is discovered, the report shall so indicate; and

(3) in all instances, the driver shall sign the report.

(f) Repealed

(g) Seat belts. In accordance with FMCSR, each driver of passenger carrying vehicles designed to transport more than 15 passengers, including the driver, or with a GVWR of more than 10,000 pounds that was manufactured on or after January 1, 1965 shall wear a seat belt while operating such a vehicle on a public highway. In accordance with the regulations of the New York State Education Department pursuant to the State Education Law, each driver of a school bus in New York State shall wear a seat belt while operating such a vehicle. Additionally, each driver of any passenger carrying vehicle weighing less than 18,000 pounds shall wear a seat belt in accordance with the requirements of the New York State Vehicle and Traffic Law.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 721.3

Amended New York State Register April 24, 2019/Volume XLI, Issue 17, eff. 4/24/2019

Amended New York State Register December 21, 2022/Volume XLIV, Issue 51, eff. 12/21/2022