Sec. 6.2. Definitions

The following definitions shall apply to this Part:

(a) Bus.

Bus shall mean every motor vehicle owned, leased, rented or otherwise controlled by a motor carrier which:

(1) is a school bus as defined in subdivision (b) of this section;

(2) is required to obtain approval to operate in the State as a common or contract carrier of passengers by motor vehicle from the New York State Department of Transportation, or the U.S. Department of Transportation or the Interstate Commerce Commission;

(3) 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 section 80(4) of the New York State Transportation Law;

(4) is regulated as a van service or other common carrier of passengers by motor vehicle covered under article 7 of the New York State Transportation Law by a city with a population of over one million pursuant to an ordinance or local law adopted pursuant to section 80(5) of the New York State Transportation Law; or

(5) 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. (Note: Whenever the term bus is used in this Part, it shall refer to the above definition of a bus.)

(b) School bus.

School bus shall mean every motor vehicle which:

(1) is owned by a public or governmental agency or private school and operated for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities or privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities; or

(2) has a seating capacity of 11 or more adult passengers in addition to the driver, and which is used for the transportation of persons under the age of 21 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;

(3) however, the term school bus shall not include a bus operated by a motor carrier subject to the motor carrier regulations of the United States Department of Transportation, which occasionally transports pupils or persons of any age who are mentally and/or physically disabled, who are not residents of this State on chaperoned chartered trips in New York State.

(c) Seating capacity.

For the purpose of this Part, seating capacity of any vehicle shall be determined each time the vehicle is being operated. Seating capacity shall be the greater of the number of passengers, other than the driver, using either designed adult passenger capacity or actual passenger usage criteria. Designed adult passenger capacity shall be based on 16 seat inches per passenger for seats accommodating one or two passengers and 17 seat inches per passenger on a bench-type seat accommodating three or more passengers.

(d) Driver.

Driver or bus driver shall mean every person:

(1) who is self-employed and drives a bus for hire or profit; or

(2) who is employed by a motor carrier and operates a bus owned, leased or rented by such employer; provided, however, bus driver shall not include those persons who:

(i) 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

(ii) are volunteer school bus drivers as defined in subdivision (t) of this section.

(e) Motor carrier.

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 21 or persons of any age who are mentally or physically 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 Part pursuant to section 6.14 of this Part. Motor carrier shall also mean:

(1) one who operates under an authority leased from another corporation or business; or

(2) any corporation or business which has authority to operate under USDOT, ICC or NYSDOT rules who may lease or sell such authority; and

(3) motor carrier shall not mean an out-of-state public or governmental operator or any corporation or business which has authority to operate under USDOT, ICC or NYSDOT rules or who has leased or sold such authority.

(f) Intoxicating liquor.

Intoxicating liquor shall mean and include, alcohol, spirits, liquor, wine, beer and cider having alcoholic content.

(g) Drug.

Drug shall mean any substance listed in section 3306 of the Public Health Law not dispensed or consumed pursuant to a lawful prescription.

(h) Controlled substance.

Controlled substance shall mean any substance listed in section 3306 of the Public Health Law not dispensed or consumed pursuant to lawful prescription.

(i) Regular observation.

Regular observation shall mean an observation of a bus driver's performance within a consecutive 12-month period by the Department of Motor Vehicles certified 19-A examiner.

(j) Defensive driving performance.

Defensive driving performance shall mean a demonstrated ability to safely operate the vehicle while employing accident avoidance techniques as determined by a certified 19-A examiner.

(k) Certified examiner.

Certified examiner shall mean an individual who has met the eligibility requirements of section 6.13 of the Part and is certified by the Department of Motor Vehicles. Such certified examiner duties include the testing and evaluation of drivers as required by the biennial written/oral examination; as well as the biennial behind-the-wheel road test and the annual defensive driving performance procedures set forth in this Part. In addition, certified examiners shall mean competent supervisory employees, supervisory personnel and competent employees of an outside supervisory agency if such individuals have met the requirements of, and have been certified in accordance with, section 6.13 of this Part.

(l) Biennial.

Biennial shall mean a consecutive 24-month period.

(m) Written or oral examinations.

Written or oral examinations shall mean examinations conducted in accordance with instructions, and procedures as set forth in section 6.12 of this Part.

(n) Medical examination.

Medical examination shall mean a physical examination given by a physician, physician assistant or a nurse practitioner as set forth in section 6.10 of this Part.

(o) Road test examination.

Road test examination shall mean an examination as set forth in section 6.11 of this Part given by an individual certified by the Department of Motor Vehicles as set forth in section 6.13 of this Part.

(p) Transportation for hire.

Transportation for hire shall mean transportation of passengers for which monies are paid to the motor carrier for the transportation service provided. It shall not include transportation of passengers by a person operating his or her own vehicle with a seating capacity of 10 or less adults where the only payment made to such person is a mileage fee intended to cover the actual cost of such operation, nor shall it include a parent transporting only his or her child.

(q) School.

School shall refer to public and private elementary and secondary schools or a place of vocational, academic or religious instruction or service, including a nursery school, day care center, or camp for persons under the age of 21, or persons of any age who are mentally or physically disabled. Provided, however, a school shall not include a college, university or a post- secondary institution.

(r) Conditional bus driver.

Conditional bus driver shall mean a driver who has been hired by a motor carrier and reported to the Department of Motor Vehicles, Bus Driver Certification Unit and is undergoing a driver qualification review.

(s) School bus driver.

School bus driver shall mean every driver who operates a school bus as defined in subdivision (b) of this section.

(t) Volunteer school bus driver.

Volunteer school bus driver shall mean every person who occasionally transports passengers to and from extracurricular activities sponsored by a school or religious organization fewer than 30 days per calendar year and where such driving is unpaid and incidental to any terms or contract of hire. It shall not include an individual who transports passengers in a bus as defined by subdivisions (a) and (b) of this section in accordance with his or her contract of hire or terms of employment over a scheduled route which involves the receiving and discharging of passengers on any road, highway, public or private street, or driveway. A volunteer may be a teacher, coach, minister, or parent, etc., but may not be anyone who is employed on a full-time, substitute, replacement, or fill-in basis as a self-employed driver or as a driver for a contract carrier.

(u) 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 $1,500 is sustained, or in which damage in excess of $2,500 is sustained, or in which damage in excess of $2,500 is sustained to any bus as defined in section 104 of the Vehicle and Traffic Law; provided, however, that accidents occurring outside this State shall not be recorded on the driver's license record. Bus is defined in section 104 as, “every motor vehicle having a seating capacity of 15 or more passengers in addition to the driver and used for the transportation of persons.”

(v) For the purposes of this Part, the following terms shall mean as described:

(1) the BDU shall mean the New York State Department of Motor Vehicles Bus Driver Unit;

(2) CDL shall mean commercial driver's license;

(3) DCJS shall mean the New York State Division of Criminal Justice Services;

(4) DMV shall mean the New York State Department of Motor Vehicles;

(5) FBI shall mean the United States Federal Bureau of Investigation;

(6) USDOT shall mean the United States Department of Transportation;

(7) DOT shall mean the New York State Department of Transportation; and

(8) SED shall mean the New York State Education Department.

(w) An electronic carrier shall mean a motor carrier that transmits information, required by this Part, electronically to the BDU in a manner prescribed by the BDU.