(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.
