What's happening
This bill permanently disqualifies school bus drivers who fail random alcohol or drug tests, with limited options for reinstatement after five years.
Why it matters
Significantly tightens standards for school bus driver eligibility by treating a failed random alcohol or drug test (specifically .04% blood alcohol content or a positive controlled substance test) as grounds for permanent disqualification, emphasizing a zero-tolerance approach to substance use.
Expands the scope of disqualification to include drivers with certain prior offenses within the past five years, such as previous failed tests, chemical test refusals, or DWI convictions, meaning that a pattern of substance-related issues—even if separated by years—will result in harsher consequences.
Offers a narrow, conditional path for reinstatement after five years, requiring not only a clean record during that period but also documentation showing the driver either completed appropriate treatment or does not require it, which may incentivize drivers to seek help but sets a high bar for return.
Aligns New York State law more closely with federal safety regulations (referencing federal code), likely improving compliance and potentially reducing liability and risk for school districts, while also sending a strong public safety message to parents and communities.
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Who cares
Headline styles
Ban Drugged Bus Drivers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Reported referred to codes
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Permanently Ban Unsafe Bus Drivers
In Senate Committee · Transportation · Sponsor Patty Ritchie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2615
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the permanent disqualification of school bus drivers for failing a random alcohol or drug test
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 509-cc of the vehicle and traffic law is amended by adding a new subparagraph (iv) to read as follows:
(iv) was found to have .04 of one per centum or more by weight of alcohol in such person's blood or a positive test for a controlled substance as shown by a random alcohol and controlled substances test administered in accordance with part 382 of title 49 of the code of federal regulations, as such regulations may, from time to time, be amended; and
(1) such person was found within the preceding five years to have .04 of one per centum or more by weight of alcohol in such person's blood or a positive test for a controlled substance as shown by a random alcohol and controlled substances test administered in accordance with part 382 of title 49 of the code of federal regulations, as such regulations may, from time to time, be amended; or
(2) such person has had a prior revocation of their driver's license resulting from refusal to submit to a chemical test pursuant to subdivision two of section eleven hundred ninety-four of this chapter within the preceding five years; or
(3) such person has been convicted of a violation of any subdivision of section eleven hundred ninety-two of this chapter not arising from the same incident, within the preceding five years. Provided, however, the commissioner may waive such disqualification as provided for in this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00740-01-9
A. 2615 2
subparagraph after a period of five years has expired from the date of such disqualification provided:
(A) that during such five year period such person has not been found to have refused a chemical test pursuant to section eleven hundred ninety-four of this chapter and has not been convicted of any violation of section eleven hundred ninety-two of this chapter; and
(B) that such person provides acceptable documentation to the commissioner that such person is not in need of alcohol or drug treatment or has satisfactorily completed a prescribed course of such treatment; or
§ 2. Subdivision 2 of section 509-cc of the vehicle and traffic law is amended by adding a new paragraph (b-1) to read as follows:
(b-1) permanently, if that person was found to have .04 of one per centum or more by weight of alcohol in such person's blood or a positive test for a controlled substance as shown by a random alcohol and controlled substances test administered in accordance with part 382 of title 49 of the code of federal regulations, as such regulations may, from time to time, be amended; and
(i) such person was found within the preceding five years to have .04 of one per centum or more by weight of alcohol in such person's blood or a positive test for a controlled substance as shown by a random alcohol and controlled substances test administered in accordance with part 382 of title 49 of the code of federal regulations, as such regulations may, from time to time, be amended; or
(ii) such person has had a prior revocation of their driver's license resulting from refusal to submit to a chemical test pursuant to subdivision two of section eleven hundred ninety-four of this chapter within the preceding five years; or
(iii) such person has been convicted of a violation of any subdivision of section eleven hundred ninety-two of this chapter not arising from the same incident, within the preceding five years. Provided, however, the commissioner may waive such disqualification as provided in this paragraph after a period of five years has expired from the date of such disqualification provided:
(A) that during such five year period such person has not been found to have refused a chemical test pursuant to section eleven hundred ninety-four of this chapter and has not been convicted of any violation of section eleven hundred ninety-two of this chapter; and
(B) that such person provides acceptable documentation to the commissioner that such person is not in need of alcohol or drug treatment or has satisfactorily completed a prescribed course of such treatment.
§ 3. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.