Sec. 6.28. Disqualification of school bus drivers

(a) A person is disqualified to operate a school bus if he or she:

(1) has failed to pass the physical examination as set forth in section 6.10 of this Part;

(2) has failed the biennial behind-the-wheel driving test as set forth in section 6.11 of this Part;

(3) has failed the biennial oral or written examination as set forth in section 6.12 of this Part;

(4) was employed as a school bus driver at any time between January 1, 1985 and June 30, 1985, and has been convicted of a crime or has received a conviction or convictions for a violation or violations under section 509-cc of the Vehicle and Traffic Law on his or her New York State driving record;

(5) was employed as a school bus driver on or after July 1, 1985, and was not employed as a school bus driver between January 1, 1985 and June 30, 1985, and has been convicted of a crime or has received a conviction or convictions for a violation or violations under section 509-cc of the Vehicle and Traffic Law on his or her New York State driving record, or has accumulated nine or more points on his or her driving record during an 18-month period;

(6) was the operator of a motor vehicle involved in two or more accidents as defined in section 6.2 of this Part, where such accidents occurred within an 18-month period following a reexamination conducted pursuant to section 6.15 of this Part, provided that accidents in which the driver was completely without fault shall not be included in determining whether such disqualification is required; or

(7) fails to pass a road test administered pursuant to section 6.15 of this Part; provided, however, that such person shall be given the opportunity to complete a motor vehicle accident prevention course approved by the commissioner and to then undergo a second road test, and such disqualification shall cease if such person passes such second road test.

(b) For a person to be qualified to drive a bus, if previously disqualified under section 6.28(a)(4) or (5), of this Part, he or she must contact the BDU and request a written requalification letter. Such requalification letter is required to be kept in the driver's file in accordance with section 6.19 of this Part. The driver may be approved or denied requalification to drive a bus. No motor carrier may permit a driver to operate a bus until the BDU has notified the motor carrier that such driver has been requalified and is eligible to drive a bus. No other release, waiver or issuance of conditional or restricted license otherwise obtained by the driver shall cancel a disqualification imposed under this Part.