Sec. 6.15. Retests and re-examinations

(a) Upon a request by or on behalf of an employee for a re-examination of an examination required by section 6.11 or 6.12 of this Part, a retest shall be given by the motor carrier. Such retest shall be given not less than two days nor more than 10 working days from the date of the first examination. However, a motor carrier may require a period of retraining for the employee who submitted the re-examination request before the retest is given to the employee.

(b) In the absence of any contractual agreement, upon submission of a medical report which conflicts with the medical findings made pursuant to section 6.10 of this Part, the employee is entitled to be re-examined by a third physician or nurse practitioner agreed on by two parties. The cost of such re-examination shall be borne by the employer if the employee passes the re-examination, or by the employee if the employee fails the re-examination.

(c) Until a re-examination is passed, the employee remains disqualified and cannot operate a bus.

(d)

(1) Accident re-examinations. Any person employed as a bus driver who has on three occasions been the operator of a motor vehicle involved in an accident as defined in section 6.2 of this Part, where such accidents occurred within an 18-month period, shall be subject to re- examination. Further, if a driver is subject to disqualification, as set forth in sections 6.27 and 6.28 of this Part, such re-examination shall occur not more than 45 days prior to the completion of the period of disqualification period. An accident shall not be counted if it is determined that the driver was completely without fault. A driver shall be considered to be without fault in situations including, but not limited to, the following:

(i) pedestrian walked into side of stopped vehicle;

(ii) bicyclist collided with stopped vehicle;

(iii) authorized emergency vehicle, when involved in an emergency operation;

(iv) door opened into passing traffic - all vehicles except parked;

(v) load or parts of vehicle fell off - all vehicles except parked;

(vi) injured while vehicle in motion, no collision;

(vii) injured while hitching on vehicle, driver unaware;

(viii) all animal accidents except cattle at a marked road crossing;

(ix) vehicle hit by stone or object thrown by person, if accident results;

(x) vehicle hit by stone or object hurled by wheel - all vehicles except parked;

(xi) object fell on vehicle;

(xii) vehicle struck hole, oil slick, etc., unless warning signs or barricades existed;

(xiii) moving or stopped vehicle caught fire; and

(xiv) other unusual conditions. Each must be reviewed individually.

The department may examine each of the 14 situations in their full context to determine if a driver is completely without fault. Every person subject to a re-examination shall be required to take a road test in an appropriate vehicle defined as a bus in section 6.2 of this Part, and which is representative of the class of vehicle such person is licensed to drive.

(2) One accident shall not be counted for the purposes of re-examination if the person successfully completes a motor vehicle accident prevention course approved by the commissioner. Only one such course may be taken during an 18-month period for the purpose of this paragraph.

(3) Upon the failure of the licensee to successfully complete a re-examination, the commissioner shall take such reasonable action as may be required. Such action may consist of imposing restrictions on the use of the license of such person, suspending such license for a definite or indefinite period, or revoking such license. The commissioner may revoke or suspend for a indefinite period the license of any person who after reasonable notice fails or refuses to submit to such re-examination. No person whose license has been suspended or revoked under this section shall be qualified to operate a bus until such person successfully completes a re-examination.

(4) Upon a driver's successful completion of a re-examination required by this section, the commissioner shall issue an 18-month probationary license to such driver and all of the provisions of section 510-b of the Vehicle and Traffic Law shall apply to such license.

(5) Re-examination procedures. A driver subject to re-examination under this paragraph must be accompanied to the re-examination test site by a person validly licensed to operate the test vehicle. If the driver fails the re-examination, such accompanying driver must be prepared to drive the vehicle from the test site. A driver who fails a re-examination shall, at minimum, lose his privilege to operate a vehicle in the license class in which such driver was tested. Any further action taken against such driver's license shall be in the discretion of the motor vehicle license examiner.