Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 17. DEPARTMENT OF TRANSPORTATION
CHAPTER VI. TRANSPORTATION REGULATIONS
SUBCHAPTER D. MOTOR CARRIERS OF PASSENGERS
ARTICLE 3. SAFETY
PART 723. HOURS OF LABOR FOR OPERATORS OF MOTOR BUSES
Date:
08/31/2009
Document:
ยง 723.3 Maximum driving and on-duty time
(a) The provisions of this section shall apply to motor buses that: (1) have a gross vehicle weight rating of 10,001 pounds or more; or
(2) are used to transport more than 15 passengers; or
(3) are used, or being used, to transport persons under the age of 2l years to and from school or school activities.
(b) Except as specifically provided in this Part, such as for the driving of school buses and exempt and non-exempt local buses or the driving of motor buses in adverse weather conditions, no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive:
(1) more than 10 hours following 8 consecutive hours off-duty; or
(2) for any period after having been on-duty 15 hours following 8 consecutive hours off-duty.
(c) Except as specifically provided in section 723.10 of this Part, no motor carrier shall permit or require a driver of a motor bus, regardless of the number of motor carriers using the driver's services to drive for any period after:
(1) having been on-duty 60 hours in any 7 consecutive days if the employer does not operate every day in the week; or
(2) having been on-duty 70 hours in any period of 8 consecutive days if the employer operates motor vehicles every day of the week.
(3) For treatment of sleeper berth time, see section 723.9 (j) and (k) of this Part.
(d) (1) A driver who encounters adverse driving conditions and cannot, because of those conditions, safely complete the run within the maximum times permitted by subdivisions (a), (b) and (c) of this section may drive and be permitted or required to drive a motor bus for not more than two additional hours in order to complete that run or to reach a place offering safety for the vehicle occupants and security for the vehicle and its cargo. However, that driver may not drive or be permitted or required to drive for more than 12 hours in the aggregate following eight consecutive hours off duty; or after he has been on duty 15 hours following eight consecutive hours off duty.
(2) Adverse driving conditions means snow, sleet, fog, other adverse weather conditions; a highway covered with snow or ice; or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.
(3) In the case of any emergency, a driver may complete his run without being in violation of the provisions of these regulations, if such run could reasonably have been completed without such emergency.
(4) The provisions of subdivisions (a), (b) and (c) of this section shall not apply to any carrier subject thereto when transporting passengers or property to or from any section of the country with the object of providing relief in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, or other calamitous visitation or disaster.
(e) Notwithstanding subdivisions (a), (b), (c) and (d) of this section, no person shall drive or be required to drive a motor vehicle while his ability or alertness is so impaired through fatigue, illness or any other cause so as to make it unsafe to begin or continue to drive, except in case of grave emergency where the hazard would be increased by observance of this subdivision and then only to the nearest point at which safety is ensured; nor shall any person be required or permitted to drive a motor bus or go on duty or remain on duty when under the influence of any alcoholic beverage or liquor or any drug or noxious gas or vapor, nor shall any person be permitted to drink any alcoholic beverage or liquor, regardless of alcoholic content, or to take or otherwise use any narcotic or hallucinogenic drug or other substance which may impair his judgment or reaction time, while on duty.
(f) No owner, bailee, lessee or operator of any motor bus shall permit or require any person to drive or be on duty in violation of this section.
|