§ 509-g. Examinations and tests. Each motor carrier shall require the following from each driver it employs: 1. A biennial examination pursuant to regulations established by the commissioner, by a physician, a certified nurse practitioner to the extent authorized by law and consistent with subdivision three of section six thousand nine hundred two of the education law, or a registered physician assistant who is not the personal physician, nurse practitioner or physician assistant of the driver. Included shall be a requirement to conduct a vision test pursuant to regulations issued by the commissioner. 2. An annual check of the applicant's past driving record, and a personal interview. 3. Regular observation of the driver's defensive driving performance while operating his vehicle with passengers by competent supervisory employees of the carrier, or by competent outside supervisory personnel, with written reports of the observations performed to be maintained in the driver's file. 4. A biennial behind-the-wheel driving test conducted by competent supervisory personnel of the carrier, or competent outside supervisory personnel, to include defensive driving performance. Such driving test may be conducted during the driver's normal daily operations and shall also include:(1) Pretrip inspection.
(2) Placing the vehicle in operation.
(3) Use of the vehicle's controls and emergency equipment.
(4) Operating the vehicle in traffic and while passing other vehicles.
(5) Turning the vehicle.
(6) Braking and slowing the vehicle by means other than braking.
(7) Backing and parking the vehicle. 5. In addition to the provisions outlined above, all motor carriers shall require each driver biennially to complete a written or oral examination testing his knowledge of the rules of the road, defensive driving practices and the laws regulating driving a bus in this state. Such examination may be conducted during the driver's normal daily operations. 6. (a) All motor carriers shall be required to conduct pre-employment and random drug and alcohol testing in accordance with the provisions and requirements of Part 382 of Title 49 of the Code of Federal Regulations on all drivers of a school bus, as defined by section one hundred forty-two of this chapter, regardless of commercial driver's license endorsement. Every such school bus driver shall be included in the random testing pool from which drivers are randomly selected for testing, and every such driver shall submit to such testing when selected, as required in Part 382 of Title 49 of the Code of Federal Regulations. For the purposes of this section "motor carriers" shall mean a school or municipality that transports children to and from school or any person, corporation or entity in contract with a municipality or school district for the purposes of transporting children to and from school.
(b) Drug testing administered pursuant to this section shall, at a minimum, be in conformance with drug testing procedures as set forth in Part 382 of Title 49 of the Code of Federal Regulations.
