Requires persons who drive fire vehicles in New York city to obtain commercial drivers licenses and bars exemptions from regulations that are reasonably related to safety.
STATE OF NEW YORK
________________________________________________________________________
2011
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. CLARK
-- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring
certain drivers of fire vehicles to obtain commercial drivers licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (d) of subdivision 2 of
2 section 501 of the vehicle and traffic law, as amended by section 6 of
3 part E of chapter 60 of the laws of 2005, is amended to read as follows:
4 (i) Notwithstanding the foregoing provisions of this subdivision, a
5 motor vehicle or combination of vehicles, other than a motorcycle, that
6 is a military vehicle operated by a member of the armed forces, or a
7 police or fire vehicle, other than a fire vehicle in cities with a popu-
8 lation of one million or more, during its use in an emergency operation,
9 as defined in section one hundred fourteen-b of this chapter, or a vehi-
10 cle owned and identified as being owned by the state, a political subdi-
11 vision thereof, an ambulance service as defined in subdivision two of
12 section three thousand one of the public health law or a voluntary ambu-
13 lance service as defined in subdivision three of such section and used
14 to provide emergency medical service as defined in section three thou-
15 sand one of the public health law may be operated with any class license
16 other than a class DJ, M or MJ license. For the purposes of this para-
17 graph the term "member of the armed forces" shall include active duty
18 military personnel; members of the reserve components of the armed forc-
19 es; members of the national guard on active duty, including personnel on
20 full time active guard duty, personnel on part-time national guard
21 training, and national guard military technicians (civilians who are
22 required to wear military uniforms); and active duty United States coast
23 guard personnel. The term shall not include United States reserve tech-
24 nicians.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05343-01-9
A. 2011 2
1 § 2. The opening paragraph of paragraph (a) and paragraph (b) of
2 subdivision 4 of section 501-a of the vehicle and traffic law, the open-
3 ing paragraph of paragraph (a) as added by chapter 173 of the laws of
4 1990 and paragraph (b) as amended by chapter 251 of the laws of 2007,
5 are amended to read as follows:
6 A motor vehicle or combination of vehicles designed or used to trans-
7 port passengers or property; or a fire vehicle in cities with a popu-
8 lation of one million or more:
9 (b) However, a commercial motor vehicle shall not include: (i) a
10 personal use vehicle or a farm vehicle or a combination of such vehi-
11 cles; (ii) any motor vehicle or combination of motor vehicles operated
12 by a member of the armed forces for military purposes; (iii) a police or
13 fire vehicle, except for a fire vehicle in cities with a population of
14 one million or more or a vehicle during its use in an emergency opera-
15 tion, as defined in section one hundred fourteen-b of this chapter,
16 owned and identified as being owned by the state, a political subdivi-
17 sion thereof, an ambulance service as defined in subdivision two of
18 section three thousand one of the public health law or a voluntary ambu-
19 lance service as defined in subdivision three of such section and used
20 to provide emergency medical service as defined in section three thou-
21 sand one of the public health law or combination of such vehicles; or
22 (iv) a vehicle or combination of vehicles which is designed and primari-
23 ly used for purposes other than the transportation of persons or proper-
24 ty and which is operated on a public highway only occasionally for the
25 purpose of being transported to a construction or off-highway site at
26 which its primary purpose is to be performed except as may otherwise be
27 specifically provided by regulation of the commissioner. For the
28 purposes of this paragraph, the term "member of the armed forces" shall
29 include active duty military personnel; members of the reserve compo-
30 nents of the armed forces; members of the national guard on active duty,
31 including personnel on full time active guard duty, personnel on part-
32 time national guard training, and national guard military technicians
33 (civilians who are required to wear military uniforms); and active duty
34 United States coast guard personnel. The term shall not include United
35 States reserve technicians.
36 § 3. Subdivisions 1, 3 and 4 of section 509-p of the vehicle and traf-
37 fic law, subdivision 1 as amended by chapter 552 of the laws of 1994 and
38 subdivisions 3 and 4 as added by chapter 371 of the laws of 1992, are
39 amended to read as follows:
40 1. "Commercial motor vehicle" shall mean a motor vehicle or combina-
41 tion of vehicles having a gross combination weight rating of more than
42 ten thousand pounds used in commerce to transport property and [it]
43 shall include, but not be limited to:
44 (a) a tow truck with a gross vehicle weight rating of at least eight-
45 y-six hundred pounds; and
46 (b) a fire vehicle in cities with populations of one million or more.
47 3. "Commercial driver" shall mean every person who is self-employed or
48 employed by a commercial motor carrier and who drives a commercial motor
49 vehicle for hire or profit; or every person who drives a fire vehicle in
50 cities with populations of one million or more.
51 4. "Commercial motor carrier" shall mean any person, corporation, or
52 entity, who directs one or more commercial motor vehicles and who oper-
53 ates a commercial motor vehicle wholly within or partly within and part-
54 ly without this state in connection with the operation or administration
55 of any business or public service.
A. 2011 3
1 § 4. Section 509-x of the vehicle and traffic law, as added by chapter
2 371 of the laws of 1992, is amended to read as follows:
3 § 509-x. Exemptions. The commissioner of transportation shall have the
4 authority, pursuant to rules and regulations, to exempt certain commer-
5 cial motor carriers or commercial drivers from the provisions of this
6 article in accordance with federal rules and regulations. Except that
7 the commissioner of transportation shall not exempt commercial drivers
8 who drive fire vehicles in cities with a population of one million or
9 more from the provisions of this article that are reasonably related to
10 public safety.
11 § 5. This act shall take effect on the one hundred eightieth day after
12 it shall have become a law; provided, however, that effective immediate-
13 ly, the addition, amendment and/or repeal of any rule or regulation
14 necessary for the implementation of this act on its effective date is
15 authorized and directed to be made and completed on or before such
16 effective date.
