One of our drivers recently got a ticket for using the bus radio while he was driving. Unfortunately it put him over the limit of 9 points to be 19-A qualified so he cannot drive a bus.

Below is a link to the section of NYS Vehicle & Traffic law that refers to handheld electronic devices. It is pretty obvious that a 2-way radio does NOT fit the description.

https://www.nysenate.gov/legislation/laws/VAT/1225-D



Also, here is a letter from a DMV lawyer regarding a similar case using a ham radio while driving. I'd say the driver's chances in traffic court are pretty good.

I can't believe this !

Wow

So is the driver appealing the decision about the two way radio and if so if he wins does he get his CDL back immediately?

Talked to this driver this afternoon and found out he got the summons 2 years ago and just lost in court recently.

He told me it is too late to take a point reduction class, that it had to be done before it went to court.

The poor guy is screwed. He will not be able to drive a school bus for one year.

Who issued this summons? Was this a moving violation from NYPD?

Rookie cop gave him the summons. he's suspended for a year and he's working in the office for now. Wonder if he's getting paid his drivers pay at top pay while working in the office. Never knew that was an actual ticketed offense but I'll never answer the radio again

He was unlucky enough to have had his case brought before the legendary scumbag PVB judge Brian Levine.

Quote from: Buzz on May 07, 2022, 01:09:17 AMHe was unlucky enough to have had his case brought before the legendary scumbag PVB judge Brian Levine.

Of course...no driver should ever answer the radio again. We have the perfect reason unless they gonna tell us to pull over and talk. Wonder if they will bring this up and put it on the board of what we should do

QuoteOf course...no driver should ever answer the radio again. We have the perfect reason unless they gonna tell us to pull over and talk. Wonder if they will bring this up and put it on the board of what we should do

This is one of those things that you'll never get an answer to ... like in 27 years I've never heard a clear cut answer as to what to do with kids fighting on the bus.

You're wrong no matter what you do ... or don't do.

My clear cut answer to kids "physically fighting" on a school bus is very simple. I pull over, I secure the bus and I get out of my seat and get in between the children that are fighting before someone gets seriously injured. I'll deal with any possible consequences afterward!!!

QuoteI'll deal with any possible consequences afterward!!!

Exactly the problem. You do what you think is right but if the shit hits the fan OPT makes up the rules as it goes along on a case by case basis. You never know where you stand.

Quote from: Buzz on May 07, 2022, 06:40:58 PM

QuoteI'll deal with any possible consequences afterward!!!

Exactly the problem. You do what you think is right but if the shit hits the fan OPT makes up the rules as it goes along on a case by case basis. You never know where you stand.

Same exact situation where you do exactly your job with having your stop signs out and some asshole who can't wait calls up on you to complain cause you held them up by lying saying you did something wrong. It's bullshit that you do your Job and the public and still screw you

Quote from: Buzz on May 07, 2022, 01:09:17 AMHe was unlucky enough to have had his case brought before the legendary scumbag PVB judge Brian Levine.

Levine's daughter worked at Pioneer a couple of years ago.

Quote from: hognol on May 08, 2022, 09:57:26 PMLevine's daughter worked at Pioneer a couple of years ago.

Really? Hope she left voluntarily otherwise dad has a hard-on for Pioneer.