Section 509-A. Definitions  


Latest version.
  • As used in this article the term: (1) bus shall
      mean every motor vehicle, owned, leased, rented or otherwise  controlled
      by  a motor carrier, which (a) is a school bus as defined in section one
      hundred forty-two of this chapter or has a seating capacity of more than
      ten adult passengers in addition to the driver and which is used for the
      transportation of persons under the age of twenty-one or persons of  any
      age  who  are  mentally or physically disabled to a place of vocational,
      academic or religious instruction or religious service including nursery
      schools, day care centers and camps, (b) is required to obtain  approval
      to operate in the state as a common or contract carrier of passengers by
      motor vehicle from the commissioner of transportation, or the interstate
      commerce  commission,  (c) is regulated as a bus line by a city that has
      adopted an ordinance, local law or charter to regulate or franchise  bus
      line  operations  pursuant  to subdivision four of section eighty of the
      transportation law, (d) is regulated as a van service  or  other  common
      carrier  of  passengers  by motor vehicle covered under article seven of
      the transportation law by a city with a population of over  one  million
      pursuant  to  an  ordinance or local law adopted pursuant to subdivision
      five of section eighty of the transportation law or (e) is operated by a
      transit authority or municipality and is used to transport  persons  for
      hire. Provided, however, that bus shall not mean an authorized emergency
      vehicle  operated in the course of an emergency, or a motor vehicle used
      in the transportation of agricultural workers to and from their place of
      employment;
        (2) driver or bus  driver  shall  mean  every  person:    (i)  who  is
      self-employed  and  drives  a  bus  for  hire  or profit; or (ii) who is
      employed by a motor carrier and operates a bus owned, leased  or  rented
      by  such  employer;  or  (iii)  who as a volunteer drives a bus which is
      owned, leased or rented by  a  motor  carrier.  Provided,  however,  bus
      driver   shall  not  include  those  persons  who  are  engaged  in  the
      maintenance, repair or garaging of such buses and in the course of their
      duties must incidentally drive a bus without passengers, or  who,  as  a
      volunteer,  drive  a  bus with passengers for less than thirty days each
      year;
        (3) motor carrier shall mean any person, corporation, municipality, or
      entity, public or private, who directs one or more bus drivers  and  who
      operates  a  bus  wholly within or partly within and partly without this
      state in connection with the business  of  transporting  passengers  for
      hire  or in the operation or administration of any business, or place of
      vocational, academic or religious instruction or religious  service  for
      persons  under  the  age  of  twenty-one  or  persons of any age who are
      mentally disabled including nursery schools, day care centers and camps,
      or public  agency,  except  such  out-of-state  public  or  governmental
      operators who may be exempted from the provisions of this article by the
      commissioner through regulation promulgated by the commissioner;
        (4)  intoxicating  liquor  shall  mean  and include, alcohol, spirits,
      liquor, wine, beer and cider having alcoholic content;
        (5) drug shall mean  any  substance  listed  in  section  thirty-three
      hundred  six of the public health law not dispensed or consumed pursuant
      to a lawful prescription;
        (6) controlled substance shall mean any substance  listed  in  section
      thirty-three  hundred  six  of  the  public  health law not dispensed or
      consumed pursuant to lawful prescription.
        (7) accident shall include any accident with another  vehicle,  object
      or  person, which occurs in this state or elsewhere, in which any person
      is killed or injured, or in which damage to  the  property  of  any  one
      person,  including  the operator, in excess of one thousand five hundred
      dollars is sustained, or in which damage in excess of two thousand  five
    
      hundred  dollars  is  sustained  to  any  bus  as defined in section one
      hundred four of this chapter; provided however that accidents  occurring
      outside this state shall not be recorded on the driver's license record.