Creates a waiver for the hearing requirement of the physical examination set forth in federal regulations for deaf persons who are holders of a commercial driver's license or permit who will operate intrastate exclusively.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9309
SPONSOR: Kellner TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to creating a waiver for intrastate operation for deaf persons
PURPOSE OR GENERAL IDEA OF BILL: This bill would provide a permanent
waiver for the hearing requirement portion of the physical examination
for a driver who holds a valid commercial drivers license or permit.
SUMMARY OF SPECIFIC PROVISIONS: This bill creates a waiver to be
obtained at the time of renewal for persons who are hard of hearing and
currently hold a valid commercial drivers license or permit.
This bill would comply with federal transportation guidelines by not
allowing persons with a waiver to transport hazardous materials. The
waiver would allow drivers to transport vehicles carrying 16 passengers
or more (such as shuttle buses) and would also allow them to obtain an
"s" endorsement to drive school buses.
The waiver would be created by the Commissioner of Transportation and
the New York State Interagency Coordinating Council for services to
persons who are deaf, deaf-blind, or hard of hearing.
JUSTIFICATION: Current truck drivers who suffer from hearing loss may
be in jeopardy of losing their commercial drivers license or permit.
Other states such as Maryland and Minnesota have waiver programs that
allow persons who are hard of hearing to apply for a waiver for the
hearing portion requirement of the physical examination. This waiver
would only be valid for intrastate driving.
PRIOR LEGISLATIVE HISTORY: 2010: Referred to Transportation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred eight-
ieth day after it shall become law, with provisions.
STATE OF NEW YORK
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9309
IN ASSEMBLY
February 15, 2012
___________
Introduced by M. of A. KELLNER, LUPARDO -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to creating a
waiver for intrastate operation for deaf persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 502 of the vehicle and traffic law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-a. Waiver for intrastate operation. (a) Notwithstanding any other
4 subdivision of this section, a driver who is currently the holder of a
5 valid commercial driver's license or permit and who operates intrastate
6 exclusively in a commercial motor vehicle requiring a commercial driv-
7 er's license to operate, who has otherwise met the requirements as set
8 forth in public law 99-570, title XII, and title 49 of the code of
9 federal regulations, and all regulations promulgated by the United
10 States secretary of transportation under the hazardous materials trans-
11 portation act, may, upon renewal of such license, obtain a permanent
12 waiver for the hearing requirement of the physical examination as set
13 forth in 49 CFR 391.41(b)(11) which shall exempt the driver from the
14 hearing requirement of such physical examination while the driver is a
15 holder of a valid commercial driver's license or permit. Persons who
16 receive such waiver shall also be eligible for an "S" endorsement.
17 Persons who have received such waiver shall not be required to wear a
18 hearing aid provided, however, such person's driver's license shall
19 clearly indicate that such person has received such waiver in a manner
20 to be set forth by the commissioner.
21 (b) Such waiver shall be of such design and type as the commissioner
22 and the New York state interagency coordinating council for services to
23 persons who are deaf, deaf-blind, or hard of hearing shall deem to be
24 suitable and appropriate for the purposes thereof and shall be:
25 (i) valid while the driver is the holder of a valid commercial driv-
26 er's license or permit;
27 (ii) kept on file with the department;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06841-02-1
A. 9309 2
1 (iii) kept by and made readily available by the holder of the commer-
2 cial driver's license; and
3 (iv) kept on file by the motor carrier employing the driver.
4 § 2. This act shall take effect on the one hundred eightieth day after
5 it shall have become a law provided, however, effective immediately, the
6 addition, amendment and/or repeal of any rules or regulations necessary
7 for the implementation of the foregoing provisions of this act on its
8 effective date are authorized and directed to be made and completed on
9 or before such effective date.
