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A06295 Summary:

COSPNSRBronson, Abbate, Buttenschon, Cruz, Epstein, Simon, Taylor, Palmesano, DeStefano, Mikulin, McDonough, Salka, Schmitt, Walczyk, Fahy, Gallahan, Lawler, Wallace
MLTSPNSRBarclay, Blankenbush, Thiele
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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A06295 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     March 12, 2021
        Introduced  by  M.  of  A.  LUPARDO, BRONSON, ABBATE, BUTTENSCHON, CRUZ,
          SALKA,  SCHMITT, WALCZYK, FAHY, GALLAHAN, LAWLER -- Multi-Sponsored by
          -- M. of A.  BARCLAY, BLANKENBUSH, THIELE -- read once and referred to
          the Committee on Transportation -- 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6295--A                          2
     1  of the minimum hours of supervised driving required by such subdivision.
     2  The commissioner shall place an "intrastate  only"  restriction  on  any
     3  class  A commercial driver's license issued to a person who is eighteen,
     4  nineteen  or  twenty  years  old and such restriction shall remain until
     5  such person turns twenty-one years of age.
     6    § 3. Section 14 of the transportation law is amended by adding  a  new
     7  subdivision 36 to read as follows:
     8    36.  (a) To promulgate, in consultation with the commissioner of motor
     9  vehicles, rules and regulations to establish and implement a  commercial
    10  driver's  license (CDL) class A young adult training program for class A
    11  commercial driver's license applicants who  are  eighteen,  nineteen  or
    12  twenty years old.
    13    (b)  Such  rules and regulations shall be no less protective of public
    14  safety than the rules and regulations promulgated by the  federal  motor
    15  carrier safety administration with respect to the training of entry-lev-
    16  el commercial motor vehicle operators. Such rules and regulations shall:
    17    (i) set forth the requirements of, and criteria to be included in, the
    18  training  program  which  shall  be  no less than the entry-level driver
    19  training requirements prescribed by the  federal  motor  carrier  safety
    20  administration under Appendices A, C, D and E of part 380 of title 49 of
    21  the  Code  of  Federal Regulations, as may be amended from time to time;
    22  and
    23    (ii) include no less than  three  hundred  hours  of  behind-the-wheel
    24  training  under  the immediate supervision and control of an experienced
    25  driver.
    26    (c) For purposes of this subdivision, the following terms  shall  have
    27  the following meanings:
    28    (i)  "Young  adult" shall mean an individual who is eighteen, nineteen
    29  or twenty years old.
    30    (ii) "Experienced driver" shall mean an individual who:
    31    (A) is not less than twenty-one years of age;
    32    (B) holds a valid class A commercial driver's  license  which  is  not
    33  suspended, revoked or cancelled pursuant to the provisions of this chap-
    34  ter,  the  vehicle and traffic law, or rules and regulations promulgated
    35  thereunder and has held such commercial driver's license  for  at  least
    36  two years;
    37    (C)  has  not,  for at least a one-year period: been the operator of a
    38  motor vehicle involved in an accident reportable to  the  federal  motor
    39  carrier  safety  administration,  or  been  the operator of a commercial
    40  motor vehicle involved in an accident reportable to the commissioner  of
    41  motor  vehicles,  or  been  convicted of a serious traffic violation, or
    42  been convicted of any violation of title VII of the vehicle and  traffic
    43  law  for  which  the  commissioner of motor vehicles assesses points, or
    44  been disqualified from operating a commercial motor vehicle pursuant  to
    45  this  chapter,  the  vehicle  and  traffic law, or rules and regulations
    46  promulgated thereunder; and
    47    (D) has a minimum of one year of experience driving,  in  commerce,  a
    48  commercial  motor  vehicle  which  can  only  be operated with a class A
    49  commercial driver's license.
    50    (iii) "Serious traffic violation" shall have the same meaning as  such
    51  term is defined in subdivision four of section five hundred ten-a of the
    52  vehicle and traffic law.
    53    §  4.  This  act shall be deemed repealed if any federal agency deter-
    54  mines in writing that this act would render New  York  state  ineligible
    55  for  the receipt of federal funds or any court of competent jurisdiction

        A. 6295--A                          3
     1  finally determines that this act would render  New  York  state  out  of
     2  compliance with federal law or regulation.
     3    §  5.  Severability.  If any clause, sentence, subdivision, paragraph,
     4  section or part of this act be adjudged by any court of competent juris-
     5  diction to be invalid, such judgment shall not affect, impair or invali-
     6  date the remainder thereof, but shall be confined in  its  operation  to
     7  the  clause,  sentence,  subdivision, paragraph, section or part thereof
     8  directly involved in the controversy in which such judgment  shall  have
     9  been rendered.
    10    § 6. This act shall take effect on the one hundred eightieth day after
    11  it  shall have become a law; provided that the commissioner of transpor-
    12  tation shall notify the legislative bill drafting  commission  upon  the
    13  occurrence  of  the  repeal  of this act provided for in section four of
    14  this act in order that the commission may maintain an accurate and time-
    15  ly effective data base of the official text of the laws of the state  of
    16  New  York in furtherance of effectuating the provisions of section 44 of
    17  the legislative law and section 70-b of the public officers law.
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