Provides for random drug and alcohol testing of bus drivers

BILL NUMBER:S7761

Title of bill

An act to amend the vehicle and traffic law and the education law, in relation to random drug and alcohol testing of bus drivers

Purpose

To ensure that all school drivers are subject to random drug and alcohol testing regardless of their commercial drivers endorsement and increasing the pool for random testing to 100% of the drivers employed by a motor carrier. It would also require that a failure of these random tests be reported to DMV and permanently disqualify a bus driver for operating a school bus while intoxicated from future licensure as a school bus driver and increase the prohibited time for consumption of alcohol prior to operat- ing a school bus from six to eight hours.

Summary of provisions

Section 1. Adds a new Subdivisions 6 to section 509-g of the vehicle and traffic law to:

6. require all school bus drivers to be subject to a random drug and alcohol test regardless of school bus size and commercial license endorsement and failure of such test shall be immediately reported to the Department of Motor Vehicles.

Sections 2. & 3. Amend section 509-cc of the vehicle and traffic law to for permanent disqualification of a bus driver for operating a school bus while intoxicated.

Sections 4. & 5. Amend Section 509-cc to provide for a 1 year disqualification of drivers who fail a random drug and alcohol test

Section 6. Amends 509-1 of the vehicle and traffic to increase the prohibited time for consumption of alcohol prior to operating a school bus from six to eight hours.

Section 7. Amends subparagraph 6 of subdivision 1 of section 3623-a of the education law to ensure that the cost of random drug and alcohol test are eligible for transportation aid

Section 8. Effective date

Justification

Since October 2012, there have been at least four incidents in which drivers were arrested for operating a school bus while intoxicated, including one in which the driver crashed his bus with five young students onboard into a Syosset home. Parents entrust their children's lives and safety to school bus drivers; they have every right to expect and demand that the bus driver is sober. While the vast majority of school bus drivers take their responsibilities very seriously, we have seen others abuse parents' trust and endanger children by driving drunk.

Currently only 10% of bus drivers employed by a motor carrier are subject to random drug and alcohol testing and drivers of buses that carry less than 16 passengers are not required to take any type of drug and alcohol testing. This legislation will strengthen current oversight of school bus drivers by ensuring that all drivers are subject to random drug and alcohol testing regardless of their

commercial drivers endorsement and increasing the pool for random testing to 100% of the drivers employed by a motor carrier. It would also require that a failure of these random tests be reported to DMV. Finally, the legislation would permanently disqualify a bus driver for operating a school bus while intoxicated from future licensure as a school bus driver and increase the prohibited time for consumption of alcohol prior to operating a school bus from six to eight hours.

Legislative history

New bill

Fiscal implications

To be determined

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law.