S05486 Summary:

BILL NOS05486A
 
SAME ASSAME AS A06295-A
 
SPONSORKENNEDY
 
COSPNSRGALLIVAN, HINCHEY, RAMOS
 
MLTSPNSR
 
Amd §502, V & T L; amd §14, Transp L
 
Establishes a commercial driver's license (CDL) class A young adult training program for qualified 18-20 year olds; provides for the repeal of the act if any federal agency or court determines that the act would render the state ineligible for receipt of federal funds.
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S05486 Actions:

BILL NOS05486A
 
03/08/2021REFERRED TO TRANSPORTATION
05/21/2021AMEND (T) AND RECOMMIT TO TRANSPORTATION
05/21/2021PRINT NUMBER 5486A
06/10/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/10/2021ORDERED TO THIRD READING CAL.1780
06/10/2021SUBSTITUTED BY A6295A
 A06295 AMEND=A Lupardo
 03/12/2021referred to transportation
 05/18/2021amend (t) and recommit to transportation
 05/18/2021print number 6295a
 05/24/2021reported referred to ways and means
 06/07/2021reported referred to rules
 06/08/2021reported
 06/08/2021rules report cal.580
 06/08/2021ordered to third reading rules cal.580
 06/08/2021passed assembly
 06/08/2021delivered to senate
 06/08/2021REFERRED TO RULES
 06/10/2021SUBSTITUTED FOR S5486A
 06/10/20213RD READING CAL.1780
 06/10/2021PASSED SENATE
 06/10/2021RETURNED TO ASSEMBLY
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S05486 Committee Votes:

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S05486 Floor Votes:

There are no votes for this bill in this legislative session.
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S05486 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5486--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      March 8, 2021
                                       ___________
 
        Introduced  by  Sens.  KENNEDY, HINCHEY, RAMOS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law and the transportation  law,
          in  relation to establishing a commercial driver's license (CDL) class
          A young adult training program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraphs (a) and (b) of subdivision 2 of section 502 of
     2  the vehicle and traffic law, as amended by chapter 520 of  the  laws  of
     3  1991, are amended to read as follows:
     4    (a)  An applicant for a [class A license or for a] commercial driver's
     5  license which contains an H or an X endorsement or which  is  valid  for
     6  operation  in  interstate commerce shall be at least twenty-one years of
     7  age.
     8    (b) Except as provided in paragraph (a) of this subdivision an  appli-
     9  cant  for  a class A, B, C or E license shall be at least eighteen years
    10  of age.
    11    § 2. Subdivision 5 of section 502 of the vehicle and  traffic  law  is
    12  amended by adding a new paragraph (d) to read as follows:
    13    (d)  The  commissioner  shall  not issue a class A commercial driver's
    14  license to a person who  is  eighteen,  nineteen  or  twenty  years  old
    15  unless,  in  addition  to  meeting the requirements of this chapter with
    16  respect to the issuance of commercial  driver's  licenses,  such  person
    17  submits  acceptable  proof  of  successful  completion of the commercial
    18  driver's license (CDL) class A young adult training program  established
    19  by the commissioner of transportation pursuant to subdivision thirty-six
    20  of  section  fourteen of the transportation law, and proof of completion
    21  of the minimum hours of supervised driving required by such subdivision.
    22  The commissioner shall place an "intrastate  only"  restriction  on  any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10374-05-1

        S. 5486--A                          2
 
     1  class  A commercial driver's license issued to a person who is eighteen,
     2  nineteen or twenty years old and such  restriction  shall  remain  until
     3  such person turns twenty-one years of age.
     4    §  3.  Section 14 of the transportation law is amended by adding a new
     5  subdivision 36 to read as follows:
     6    36. (a) To promulgate, in consultation with the commissioner of  motor
     7  vehicles,  rules and regulations to establish and implement a commercial
     8  driver's license (CDL) class A young adult training program for class  A
     9  commercial  driver's  license  applicants  who are eighteen, nineteen or
    10  twenty years old.
    11    (b) Such rules and regulations shall be no less protective  of  public
    12  safety  than  the rules and regulations promulgated by the federal motor
    13  carrier safety administration with respect to the training of entry-lev-
    14  el commercial motor vehicle operators. Such rules and regulations shall:
    15    (i) set forth the requirements of, and criteria to be included in, the
    16  training program which shall be no  less  than  the  entry-level  driver
    17  training  requirements  prescribed  by  the federal motor carrier safety
    18  administration under Appendices A, C, D and E of part 380 of title 49 of
    19  the Code of Federal Regulations, as may be amended from  time  to  time;
    20  and
    21    (ii)  include  no  less  than  three hundred hours of behind-the-wheel
    22  training under the immediate supervision and control of  an  experienced
    23  driver.
    24    (c)  For  purposes of this subdivision, the following terms shall have
    25  the following meanings:
    26    (i) "Young adult" shall mean an individual who is  eighteen,  nineteen
    27  or twenty years old.
    28    (ii) "Experienced driver" shall mean an individual who:
    29    (A) is not less than twenty-one years of age;
    30    (B)  holds  a  valid  class A commercial driver's license which is not
    31  suspended, revoked or cancelled pursuant to the provisions of this chap-
    32  ter, the vehicle and traffic law, or rules and  regulations  promulgated
    33  thereunder  and  has  held such commercial driver's license for at least
    34  two years;
    35    (C) has not, for at least a one-year period: been the  operator  of  a
    36  motor  vehicle  involved  in an accident reportable to the federal motor
    37  carrier safety administration, or been  the  operator  of  a  commercial
    38  motor  vehicle involved in an accident reportable to the commissioner of
    39  motor vehicles, or been convicted of a  serious  traffic  violation,  or
    40  been  convicted of any violation of title VII of the vehicle and traffic
    41  law for which the commissioner of motor  vehicles  assesses  points,  or
    42  been  disqualified from operating a commercial motor vehicle pursuant to
    43  this chapter, the vehicle and traffic  law,  or  rules  and  regulations
    44  promulgated thereunder; and
    45    (D)  has  a  minimum of one year of experience driving, in commerce, a
    46  commercial motor vehicle which can only  be  operated  with  a  class  A
    47  commercial driver's license.
    48    (iii)  "Serious traffic violation" shall have the same meaning as such
    49  term is defined in subdivision four of section five hundred ten-a of the
    50  vehicle and traffic law.
    51    § 4. This act shall be deemed repealed if any  federal  agency  deter-
    52  mines  in  writing  that this act would render New York state ineligible
    53  for the receipt of federal funds or any court of competent  jurisdiction
    54  finally  determines  that  this  act  would render New York state out of
    55  compliance with federal law or regulation.

        S. 5486--A                          3
 
     1    § 5. Severability. If any clause,  sentence,  subdivision,  paragraph,
     2  section or part of this act be adjudged by any court of competent juris-
     3  diction to be invalid, such judgment shall not affect, impair or invali-
     4  date  the  remainder  thereof, but shall be confined in its operation to
     5  the  clause,  sentence,  subdivision, paragraph, section or part thereof
     6  directly involved in the controversy in which such judgment  shall  have
     7  been rendered.
     8    § 6. This act shall take effect on the one hundred eightieth day after
     9  it  shall have become a law; provided that the commissioner of transpor-
    10  tation shall notify the legislative bill drafting  commission  upon  the
    11  occurrence  of  the  repeal  of this act provided for in section four of
    12  this act in order that the commission may maintain an accurate and time-
    13  ly effective data base of the official text of the laws of the state  of
    14  New  York in furtherance of effectuating the provisions of section 44 of
    15  the legislative law and section 70-b of the public officers law.
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