What's happening
This bill permanently disqualifies school bus drivers who fail random alcohol or drug tests, with limited waiver options after five years.
Why it matters
Raises the standard for school bus driver safety. by ensuring that any driver who fails a random alcohol or drug test faces permanent disqualification, unless they can demonstrate extended sobriety and rehabilitation.
Targets repeat and high-risk behavior. The bill specifically disqualifies drivers who have prior substance-related offenses, license revocations, or multiple violations, aiming to keep habitual offenders from returning to duty.
Provides a structured path for rare reinstatement. After five years, drivers may apply for a waiver, but only if they have no further infractions and can show proof of completed treatment or lack of need for treatment—striking a balance between public safety and rehabilitation.
Aligns state law with federal safety regulations. (referencing federal code 49 CFR Part 382), ensuring New York’s policies are consistent with national standards for commercial driver substance testing.
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Who cares
Headline styles
Permanently Ban Unsafe Bus Drivers
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1186
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed 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
S. 1186 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.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the perma- nent disqualification of school bus drivers for failing a random alcohol or drug test
Purpose
To protect the safety of school children and the motoring public.
Summary of provisions
This bill provides for the permanent disqualification of school bus drivers who fail a random drug or alcohol test administered according to federal rules and regulations, if such drivers have, in the preceding five years, failed a previous random drug or alcohol test, or refused to submit to a chemical test, or been convicted of DWI or DWAI.
The bill allows DMV to waive the permanent disqualification after five years, if the individual has not been convicted of any additional DWI/DWAI charges, and the individual submits acceptable documentation to the Commissioner either that he or she is not in need of alcohol or drug treatment or has satisfactorily completed a prescribed course of treat- ment.
Justification
The safety of the thousands of children who ride a school bus to school every day is a critical concern. According to the National Highway Traf- fic Safety Administration, nationwide since 1986, 283 school-aged pedes- trians have died in school bus-related crashes. Nearly, two-thirds 763%) were killed by school buses, 5% by vehicles functioning as school buses, and 33% by other vehicles involved in crashes. One half of all school-age pedestrians killed in school bus-related crashes were between the ages of five and seven.
New York State has an excellent school bus safety record. In the 1994-95 school year alone, close to 2.3 million students were transported, and school buses logged over 400 million miles. Significant safety measures have been enacted, yet there have been a number of recent incidents involving school bus drivers operating while under the influence of alcohol or drugs.
Federal law and regulation requires that any individual holding a commercial driver's license (CDL) submit to random drug and alcohol testing. These tests are administered either just before, during, or just after the performance of a safety sensitive function, in this case, operating a school bus. Persons who fail such random tests with either a .04% BAC for alcohol or a positive result for controlled substances are immediately removed from driving responsibilities and referred for eval- uation and treatment.
Before such a driver can return to duty, (s)he must be evaluated by a substance abuse professional, successfully complete a rehabilitation program, and undergo a return-to-duty alcohol test or a controlled substances test with verified negative results. Such driver also is subject to unannounced follow-up alcohol and controlled substances test- ing consisting of at least six tests within 12 months.
While most drivers do an excellent job under often difficult situations, we should reduce the risk posed by those individuals who have proven that they have a problem that could place students and other users of the highways in serious jeopardy, either through the failure of a previ- ous random drug or alcohol test, a previous refusal to submit to a chem- ical test, or a previous conviction for DWI or DWAI.
Legislative history
2017-2018: S.5865/A.1019
Fiscal implications
None.
Effective date
September first after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.