Section 509-D. Qualification procedures for bus drivers, maintenance of files and availability to subsequent employers

(1) Before  employing  a
  new bus driver a motor carrier shall:
    (i)  require  such person to pass a medical examination to drive a bus
  as provided in section five hundred nine-g of this article;
    (ii) obtain a driving record from  the  appropriate  agency  in  every
  state  in  which  the  person  resided  or worked and/or held a driver's
  license or learner's permit during the preceding three years in a manner
  prescribed by the commissioner;
    (iii) investigate the person's employment record during the  preceding
  three years in a manner prescribed by the commissioner.
    (2)   Investigations   and  inquiries  of  drivers  of  school  buses;
  maintenance of file; availability to subsequent employer.  (a)  A  motor
  carrier  shall  request  the  department  to initiate a criminal history
  check for persons employed as drivers of school  buses,  as  defined  in
  paragraph  (a) of subdivision one of section five hundred nine-a of this
  chapter, on September fourteenth, nineteen hundred eighty-five  by  such
  motor  carrier,  in  accordance  with regulations of the commissioner by
  requiring  such  school  bus  drivers  to   submit   to   the   mandated
  fingerprinting  procedure.  The  department  of  motor  vehicles  at the
  request of the motor carrier shall initiate a criminal history check  of
  all  current  school  bus drivers of such motor carrier as well as those
  hired on or after September fifteenth, nineteen hundred  eighty-five  by
  requiring  such  drivers  and  applicants  to  submit  to  the  mandated
  fingerprinting procedure as part of the school bus driver  qualification
  procedure.  Such fingerprinting procedure and the related fee as well as
  a procedure for the return of such fingerprints upon  application  of  a
  person  who  has  terminated  employment as a school bus driver shall be
  established in  accordance  with  regulations  of  the  commissioner  in
  consultation  with  the commissioner of the division of criminal justice
  services. The fee to be paid by or on behalf of the school bus driver or
  applicant shall be no more than  five  dollars  over  the  cost  to  the
  commissioner  for the criminal history check. No cause of action against
  the department, the division  of  criminal  justice  services,  a  motor
  carrier   or   political   subdivision   for   damages  related  to  the
  dissemination of criminal history records pursuant to this section shall
  exist  when  such  department,  division,  motor  carrier  or  political
  subdivision  has  reasonably  and in good faith relied upon the accuracy
  and completeness of criminal history  information  furnished  to  it  by
  qualified  agencies.  Fingerprints submitted to the division of criminal
  justice services pursuant to this subdivision may also be  submitted  to
  the  federal  bureau  of  investigation  for a national criminal history
  record check.
    (b) After a motor carrier has completed the procedures  set  forth  in
  paragraph  (a)  this  of subdivision, it shall designate each new school
  bus driver as a conditional school bus driver as defined in section five
  hundred nine-h of this article, until  the  carrier  is  in  receipt  of
  information  of  the  new  school  bus  driver's  qualification from the
  department and the required driving records from each appropriate  state
  agency.  If  the  information received indicates that there is a pending
  criminal   offense   or   driving   violation   that    would    require
  disqualification  of  a  school bus driver under this article, the motor
  carrier shall require the applicant to provide documentation  evidencing
  the  disposition  of  such  offense  or  violation  in  accordance  with
  regulations established by the commissioner. The department, upon notice
  of disqualification to  an  applicant,  shall  include  in  such  notice
  information  regarding  the  applicant's right to appeal and contest any
  claimed ground for disqualification. Such notice shall also  advise  the

  applicant  of  his or her right to obtain, examine, inspect and copy any
  information used by the department in support of  its  determination  of
  disqualification. In the event the applicant contests the existence of a
  criminal  conviction  in  his  or  her  name, such applicant may provide
  documentation evidencing the disposition of such offense or violation in
  accordance with regulations established by the commissioner.
    (3) Each motor carrier shall retain  the  following  records  in  each
  driver's   file  for  a  period  of  three  years,  in  accordance  with
  regulations established by the commissioner:
    (i) a driver abstract of operating record provided by  the  department
  and  the  written  information  provided  by  the  appropriate agency of
  another state for each twelve month period;
    (ii)   replies   from   the   department   regarding   the    driver's
  qualifications,  as  well  as, any subsequent information concerning any
  pending criminal charges against such driver;
    (iii) the initial qualifying medical examination form and the biennial
  medical examination form completed by the carrier's physician;
    (iv) the annual defensive driving review forms completed  pursuant  to
  section five hundred nine-g of this article; and
    (v)  the  completed  biennial  behind-the-wheel  examination  forms as
  required under section five hundred nine-g of this article.
    (4) Each motor carrier shall notify the commissioner on the  form  and
  in  the manner established by regulation of the commissioner, within ten
  days, of the date on which a bus driver commences employment, leaves the
  carrier's employ or is disqualified. Such notification shall be provided
  in accordance with regulations established by the commissioner and shall
  include any information the  motor  carrier  has  relative  to  the  bus
  driver's  disqualification, including any information regarding criminal
  charges pending against the driver for violations which would disqualify
  the driver if a conviction resulted.
    (5) Each motor  carrier  shall  furnish  the  department,  by  October
  fifteenth,  nineteen  hundred  eighty-five,  a  list  of all bus drivers
  employed  on  September  fourteenth,  nineteen  hundred  eighty-five  in
  accordance with regulations established by the commissioner.
    (6) Each motor carrier shall furnish the department within ten days of
  receipt, with a copy of each bus driver's out-of-state driving record it
  has  obtained,  if  such  driver  resides  in another state, or has been
  employed in such other state within the past three years.
    (7) Each motor carrier shall prepare a report setting forth:  (a)  the
  number of miles travelled by buses operated by such motor carrier in the
  preceding  twelve  months;  (b)  the number of convictions and accidents
  involving any driver employed by such motor carrier during the preceding
  twelve months, as reported to such  carrier  pursuant  to  section  five
  hundred  nine-f  of  this chapter; and (c) the number of convictions and
  accidents per ten thousand miles travelled. Such report shall  be  filed
  with  the  department  as  an  attachment to the affidavit of compliance
  required by subdivision (c) of  section  five  hundred  nine-j  of  this
  chapter,  and  a  copy  of  such  report  shall be made available by the
  carrier to any person upon request.