S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1619
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the transportation law, in  relation  to  providing  bus
         drivers with appropriate rest periods
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "public transit safety act".
    3    S  2.  The transportation law is amended by adding a new section 214-a
    4  to read as follows:
    5    S 214-A. APPROPRIATE REST PERIODS FOR BUS DRIVERS. 1. AS USED IN  THIS
    6  SECTION:
    7    A.  "APPROPRIATE  REST PERIOD" MEANS A PERIOD OF REST OF NOT LESS THAN
    8  TEN MINUTES FOR EVERY SEGMENT OF FOUR HOURS OR MAJOR PART THEREOF WORKED
    9  IN ONE WORK PERIOD WITHOUT DEDUCTION FOR THE EMPLOYEE'S PAY.
   10    B. "BUS" MEANS EVERY MOTOR VEHICLE HAVING A SEATING CAPACITY  OF  NINE
   11  OR  MORE PASSENGERS IN ADDITION TO THE DRIVER AND USED FOR THE TRANSPOR-
   12  TATION OF PERSONS.
   13    C. "BUS DRIVER" MEANS ANY  PERSON  EMPLOYED  BY  ANY  TRANSIT  AGENCY,
   14  AUTHORITY  OR  COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED
   15  BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, THAT DRIVES A BUS FOR
   16  HIRE OR PROFIT.
   17    D. "TRANSPORTATION PROVIDER" MEANS ANY PUBLIC, PRIVATE OR NOT-FOR-PRO-
   18  FIT ENTITY, INCLUDING ANY  TRANSPORTATION  AUTHORITY,  UTILIZING  PUBLIC
   19  FUNDS  TO PROVIDE OR CONTRACT FOR PUBLIC TRANSPORTATION SERVICES FOR THE
   20  BENEFIT OF THE GENERAL PUBLIC OR SPECIFIC CLIENT GROUPS.
   21    2. A. EVERY TRANSPORTATION PROVIDER SHALL PROVIDE EACH BUS  DRIVER  AN
   22  APPROPRIATE REST PERIOD TO UTILIZE THE NEAREST CONVENIENT RESTROOM.
   23    B.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT EMPLOYERS
   24  AND EMPLOYEES FROM ESTABLISHING APPROPRIATE REST  PERIODS  WHICH  DIFFER
   25  FROM  THOSE REQUIRED BY THIS SECTION PURSUANT TO A COLLECTIVE BARGAINING
   26  AGREEMENT.
   27    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05245-01-5