Sec. 6.3. Employment requirements for all bus drivers

(a) A motor carrier may only employ an individual as a driver who is qualified under this section or who is not disqualified under section 6.27 of this Part. The Department of Motor Vehicles will notify the carrier regarding the driver being qualified or disqualified in accordance with this section.

(b) Bus driver qualification under article 19-A of the Vehicle and Traffic Law is the responsibility of both the Department of Motor Vehicles and the carrier. The carrier may establish qualifications for hiring or continuing the employment of drivers that are more stringent than those contained in this Part.

(c) Each motor carrier shall:

(1) classify each new driver it employs as a “conditional driver” as defined in section 6.2(r) of this Part for a period of not more than 90 days from the date of hiring, unless the carrier is granted an extension in writing by the BDU of the Department of Motor Vehicles;

(2) investigate the driver's employment record during the preceding three years;

(3) require each applicant to submit to and pass the physical examination to drive a bus set forth in section 6.10 of this Part;

(4) require each applicant to be at least 18 years of age. Drivers of school buses subject to SED regulations or who operate a vehicle in interstate commerce must be 21 years of age;

(5) require each applicant to possess a currently valid driver' s license or learner's permit in the class appropriate to the type of vehicle which the driver will operate in New York State and as defined in section 6.2 of this Part;

(6) review the applicants driver's license document for driving restrictions and endorsements;

(7) determine that each applicant has not been disqualified to drive a bus pursuant to the provisions of section 6.27 of this Part;

(8) obtain an abstract of a conditional driver's driving record from the appropriate agency in every state, including New York, in which the person has resided, worked or has held a driver's license or learner's permit during the preceding three years. The inquiry shall be in the form and manner prescribed by these agencies. When the agency establishes a fee for supplying such information, the fee shall be paid by the motor carrier or school district;

(9) forward to the BDU a copy of such person's driving record from each state, other than New York, within 10 days of the date on which the carrier received such information; and

(10) the carrier must provide the BDU with an acceptable article 19-A driver application (DS-870) for the conditional driver within 10 days of the hiring date of the conditional driver, provided however, an electronic carrier shall add such a conditional driver within 10 days of hiring such driver and retain the DS-870 and the transaction receipt in such driver’s file.

(d) The BDU shall, upon receipt of the article 19-A driver application (DS-870) and out-of-state driving records (when applicable), or if filed by an electronic carrier in a manner prescribed by the BDU, review these items and the driver's New York State driving record and notify the carrier regarding the driver's qualification or disqualification to drive a bus pursuant to this section and section 6.4 of this Part.