New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter A - DRIVER LICENSING AND TRAINING
Part 6 - SPECIAL REQUIREMENTS FOR BUS DRIVERS
Miscellaneous Provisions
Section 6.19 - Records motor carriers are required to have on file

Universal Citation: 15 NY Comp Codes Rules and Regs ยง 6.19

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A motor carrier must keep all records with respect to original employment of a bus driver in the employee's file. All records and employee files must be kept for a minimum period of three years plus the current year by the motor carrier. All completed forms and examinations required to be kept in the employee's file pursuant to this Part are subject to inspection by Department of Motor Vehicles' authorized agents. In addition, all completed examination forms must be in the employee's file except when the motor carrier has received written permission from the commissioner exempting such carrier from keeping a copy of all completed examinations in the employee's file. (Note: If the examinations required by this Part have been conducted by one motor carrier within the time periods specified by this Part, they may be utilized by a second motor carrier who also employs or has employed the same bus driver. Reports obtained by the second carrier must be retained in accordance with section 6.5 of this Part.)

(b) Unless waived by the commissioner's designee pursuant to section 6.14 of this Part, a motor carrier must keep the following items in each employee's file:

(1) A copy of the application for the position of bus driver, the article 19-A driver application form (DS-870) (i.e., for all drivers hired after July 1, 1985).

(2) The original annual review of employee's driving record form (DS-872), plus an abstract from this State and, if applicable, copies of abstracts from all other states and statements of personal interview.

(3) The original annual observation of defensive driving performance form (DS-873).

(4) The original initial qualifying medical examination form (DS-874), biennial (annual for school bus drivers) physical examination form (DS-874), and all appropriate medical re-examination or medical follow-up reports.

(5) The original biennial oral and/or written examination (DS-875X) and score sheet (DS-875Y).

(6) The original biennial behind-the-wheel examination form (DS-875).

(7) All communications from the Department of Motor Vehicles regarding driver's qualifications, disqualifications, requalifications, criminal history clearance for school bus drivers; and any subsequent correspondence regarding a driver's compliance under article 19-A including any add/drop notice form DS-885 on each driver.

(c) The carrier must provide a safe, clean, and adequate work environment for DMV employees conducting such record review.

(d) Record reviews may, at the discretion of the Commissioner of Motor Vehicles, be conducted at a site other than the carrier's place of business.

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