Barry Fisk shot cell phone video of the driver watching television programs on his phone while driving to Woodbury Commons in Orange County.
The passenger said the bus left Manhattan around 8:30 a.m. Monday and that the driver started watching the videos immediately after departure.
"Get Your Guide" is the company that booked the tour. A company spokesman responded to Eyewitness News saying that the driver has been fired and the passenger was offered an apology and a refund.
The company released the following statement:
"We're keenly aware of our responsibility for the safety of each and every activity offered on our platform. We thoroughly vet all activities submitted to our marketplace before approval to ensure each and every one is amazing and safe. We require all of our suppliers to be properly insured and to follow all relevant local laws and regulations, and our team performs regular checks of products offered on our site to ensure our standards of quality are continuously upheld. In this case, the driver in question was in breach of local law and our own safety standards, and we regret that our customer Barry Fisk was put in an unsafe situation as a result. We've reached out personally to Mr. Fisk with a full refund and our sincere apologies. We've also shared the video with the bus operator in question, and have temporarily suspended the product from our site. We're confident the operator they will take all steps necessary to ensure this doesn't happen again."