This bill has been amended

Bill S5503-2013

Provides for random drug and alcohol testing of bus drivers

Provides for random drug and alcohol testing of bus drivers; further provides that no person shall consume a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor or drug, within eight hours before going on duty or operating, or having physical control of a bus.

Details

Actions

  • May 30, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 16, 2013: REFERRED TO TRANSPORTATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 30, 2013
Ayes (14): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Young, Zeldin, Dilan, Perkins, Squadron, Stavisky
Ayes W/R (3): Ranzenhofer, Kennedy, Gipson
Excused (1): Diaz

Memo

BILL NUMBER:S5503               REVISED 5/24/13

TITLE OF BILL: An act to amend the vehicle and traffic 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 recorded on a driver's abstract, 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.

SUMMARY OF PROVISIONS: Section 1. Adds two new Subdivisions 6 and 7 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 recorded on the driver' s Department of Motor Vehicles abstract.

7. sets the minimum annual percentage rate for drug and alcohol testing at 100% of the driver positions filled.

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. 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 strength 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 and recorded on a driver's abstract. 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5503 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. FUSCHILLO -- 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 random drug and alcohol testing of bus drivers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 509-g of the vehicle and traffic law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. RANDOM DRUG AND ALCOHOL TESTING. (A) ALL MOTOR CARRIERS, AS DEFINED BY SECTION FIVE HUNDRED NINE-A OF THIS TITLE, SHALL BE REQUIRED TO ADMINISTER RANDOM DRUG AND ALCOHOL TESTS TO ALL DRIVERS, AS DEFINED BY SECTION FIVE HUNDRED NINE-A OF THIS TITLE, OF SCHOOL BUSES, AS DEFINED BY SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER, REGARDLESS OF COMMER- CIAL DRIVER'S LICENSE ENDORSEMENT. (B) (I) FAILURE OF A RANDOM DRUG AND ALCOHOL TEST BY A DRIVER SHALL BE REPORTED TO THE COMMISSIONER OF MOTOR VEHICLES BY THE MOTOR CARRIER IMMEDIATELY UPON NOTIFICATION OF FAILURE; (II) THE COMMISSIONER SHALL RECORD ON THE DRIVER'S DEPARTMENT OF MOTOR VEHICLE DRIVER ABSTRACT THE FAILURE OF THE DRUG AND ALCOHOL TEST AND STATE THAT THE TEST WAS ADMINISTERED DURING NORMAL WORK HOURS; AND (III) THE DRIVER SHALL BE DISQUALIFIED FROM OPERATING A SCHOOL BUS FOR THE PERIOD OF ONE YEAR PURSUANT TO PARAGRAPH H OF SUBDIVISION ONE AND PARAGRAPH I OF SUBDIVISION TWO OF SECTION FIVE HUNDRED NINE-CC OF THIS ARTICLE. 7. THE MINIMUM ANNUAL PERCENTAGE RATE FOR RANDOM DRUG AND ALCOHOL TESTING SHALL BE ONE HUNDRED PERCENT OF THE DRIVER POSITIONS FILLED BY THE MOTOR CARRIER. S 2. 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) HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION ONE, TWO, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER WHEREIN THE VIOLATOR IS OPERATING A SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER AND SUCH SCHOOL BUS IS CARRYING AT LEAST ONE STUDENT PASSENGER; OR S 3. 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 HAS BEEN CONVICTED OF A VIOLATION OF SUBDIVISION ONE, TWO, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER WHEREIN THE VIOLATOR IS OPERATING A SCHOOL BUS AS DEFINED IN SECTION ONE HUNDRED FORTY-TWO OF THIS CHAPTER AND SUCH SCHOOL BUS IS CARRYING AT LEAST ONE STUDENT PASSENGER. S 4. Subdivision 1 of section 509-cc of the vehicle and traffic law is amended by adding a new paragraph (h) to read as follows: (H) FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG AND ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE. S 5. Subdivision 2 of section 509-cc of the vehicle and traffic law is amended by adding a new paragraph (i) to read as follows: (I) FOR A PERIOD OF ONE YEAR, IF THAT PERSON FAILS TO PASS A DRUG AND ALCOHOL TEST PURSUANT TO SECTION FIVE HUNDRED NINE-G OF THIS ARTICLE. S 6. Section 509-l of the vehicle and traffic law, as amended by chap- ter 675 of the laws of 1985, is amended to read as follows: S 509-l. Drugs, controlled substance and intoxicating liquor. 1. No person shall: (a) consume a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content, or be under the influence of an intoxicating liquor or drug, within [six] EIGHT hours before going on duty or operating, or having physical control of a bus, or (b) consume a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content while on duty, or operating, or in physical control of a bus, or (c) possess a drug, controlled substance or an intoxicating liquor, regardless of its alcoholic content while on duty, operating or in phys- ical control of a bus. However, this paragraph does not apply to possession of a drug, controlled substance or an intoxicating liquor which is transported as part of a shipment or personal effects of a passenger or to alcoholic beverages which are in sealed containers. 2. No motor carrier shall require or permit a driver to: (a) violate any provision of subdivision one of this section; or (b) be on duty or operate a bus if, by such person's general appear- ance or by such person's conduct or by other substantiating evidence, such person appears to have consumed a drug, controlled substance or an intoxicating liquor within the preceding [six] EIGHT hours. S 7. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the commissioner of motor vehicles may add, amend, or repeal any rule or regulation neces- sary to timely implement the provisions of this act on its effective date.

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