Section 509-N. Exempt carriers; reporting requirements

1. A motor carrier
  subject to the motor carrier regulations of the United States department
  of transportation will be exempt from all of  the  annual  and  biennial
  requirements  of  this  article,  except  the  annual  requirement which
  mandates that an affidavit of compliance be filed with the commissioner,
  provided that (i) such motor carrier does not operate in  this  state  a
  school  bus  as defined in section one hundred forty-two of this chapter
  or a bus used for  the  transportation  of  persons  under  the  age  of
  twenty-one or persons of any age who are mentally disabled to a place of
  vocational,  academic  or  religious  instruction  or  religious service
  including nursery schools, day care centers and camps or (ii) such motor
  carrier did not operate in the state during the previous  calendar  year
  more  than one hundred days or more than ten thousand bus vehicle miles.
  Provided, however, for the purpose of  this  subdivision  a  school  bus
  shall  not  mean  a bus operated by a motor carrier subject to the motor
  carrier regulations of the United States department  of  transportation,
  that  occasionally  transports  pupils  or  persons  of  any age who are
  mentally disabled and who are not residents of this state on  chaperoned
  chartered trips in New York state.
    2.  A  motor  carrier  subject to the motor carrier regulations of the
  United States department of transportation who is not exempt pursuant to
  the provisions of subdivision one of  this  section  may  apply  to  the
  commissioner  for  a  waiver  for  those  bus  drivers, other than those
  drivers who operate a school bus  as  defined  in  section  one  hundred
  forty-two  of  this  chapter  or  a  bus  used for the transportation of
  persons under the age of twenty-one to a place of  vocational,  academic
  or  religious  instruction  or  service including schools and camps, who
  operate a bus in this state  less  than  thirty  days  each  year.  Such
  application  shall  include  a  description of a training and qualifying
  program which  has  demonstrated  the  motor  carrier's  procedures  for
  qualifying bus drivers. Such program shall include an appropriate health
  and  driving  record  review  and  such  other  information  as shall be
  required by the commissioner to satisfy the intent of this article in an
  effective manner.
    3. The annual affidavit of compliance required under  subdivision  one
  shall certify to the commissioner that the motor carrier does not employ
  a  bus  driver  who  would  operate  a  bus in New York state and who is
  disqualified under section five hundred nine-c of this article, and also
  shall certify the number of days and vehicle miles of bus  service  that
  the  carrier  provided in the state during the previous calendar year. A
  motor carrier exempted by this section shall furnish to the commissioner
  upon request any records concerning drivers required to be kept  by  the
  motor   carrier   regulations   of   the  United  States  department  of
  transportation within ten days of receipt of such request. Failure of  a
  motor  carrier  to  furnish  such  records  requested within the ten day
  period shall be a violation of this article.