Relates to exceptions related to drivers' licenses and learners' permits and removes the requirement that military, police or fire vehicles must be used in an emergency operation by holders with a lower class of license.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3042
SPONSOR: Reilich TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to exceptions related to drivers' licenses and learners'
permits and removing the requirement that military, police or fire vehi-
cles are being used in an emergency operation by holders with a lower
class of license
PURPOSE OR GENERAL IDEA OF BILL:
Saves fire departments training costs and encourages participation in
volunteer fire units by exempting firefighters who drive fire vehicles
from commercial driver's licensing requirements.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subparagraph (i) of paragraph (d) of subdi-
vision 2 of section 501 of the Vehicle and Traffic law by removing the
requirement that a police or fire vehicle be in use during an emergency
operation in order to be operated with any class license other than a
class DJ, M or MJ license.
Section 2 is the effective date.
JUSTIFICATION:
In 2005, the Vehicle and Traffic law was amended to include a require-
ment that police or fire vehicles be in use during an emergency opera-
tion in order to be exempt from commercial driver's license (CDL)
requirements. This meant that a fire truck, for example, would not be
considered a commercial vehicle on its way to a fire or other emergency,
but at any other time the driver of such a vehicle would have to possess
a CDL. The justification for this amendment cited compliance with the
requirements of the federal Motor Carrier Safety Improvement Act of
1999, and the Commercial Motor Vehicle Safety Act of 1986. In 2009,
Governor Paterson has proposed a clarification to this amendment by
adding language which would provide the CDL exemption to police and fire
vehicles in use during or returning from an emergency operation. Despite
this proposed change, there are still numerous problems with the
original amendment. In the case of fire districts, many of the vehicles
used by these units, including engines, heavy rescue, and aerial appara-
tus, would be considered commercial vehicles and the drivers of these
vehicles would be compelled to meet CDL requirements during drills,
building inspections, public education events, and all other purpose s
apart from emergency operations. The 2005 law has created a problem
where none existed and this bill seeks to rectify a potentially disrup-
tive problem for fire department operations.
PRIOR LEGISLATIVE HISTORY:
A4504 of 2011/12 - held in Transportation
A5875 of 2010 - referred to Transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to State. Possible savings to local governments and volunteer fire
departments that may have incurred costs to obtain CDLs for fire person-
nel.
EFFECTIVE DATE: This act shall take effect immediately.
