S04407 Summary:

BILL NOS04407
 
SAME ASSAME AS A09309
 
SPONSORROBACH
 
COSPNSRMAZIARZ, OPPENHEIMER, SEWARD
 
MLTSPNSR
 
Amd S502, V & T L
 
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.
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S04407 Actions:

BILL NOS04407
 
04/04/2011REFERRED TO TRANSPORTATION
06/07/20111ST REPORT CAL.1055
06/13/20112ND REPORT CAL.
06/14/2011ADVANCED TO THIRD READING
06/20/2011PASSED SENATE
06/20/2011DELIVERED TO ASSEMBLY
06/20/2011referred to transportation
01/04/2012died in assembly
01/04/2012returned to senate
01/04/2012REFERRED TO TRANSPORTATION
03/13/20121ST REPORT CAL.349
03/14/20122ND REPORT CAL.
03/15/2012ADVANCED TO THIRD READING
04/25/2012PASSED SENATE
04/25/2012DELIVERED TO ASSEMBLY
04/25/2012referred to transportation
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S04407 Memo:

Memo not available
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S04407 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4407
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      April 4, 2011
                                       ___________
 
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06841-02-1

        S. 4407                             2
 
     1    (i)  valid  while the driver is the holder of a valid commercial driv-
     2  er's license or permit;
     3    (ii) kept on file with the department;

     4    (iii)  kept by and made readily available by the holder of the commer-
     5  cial driver's license; and
     6    (iv) kept on file by the motor carrier employing the driver.
     7    § 2. This act shall take effect on the one hundred eightieth day after
     8  it shall have become a law provided, however, effective immediately, the
     9  addition, amendment and/or repeal of any rules or regulations  necessary
    10  for  the  implementation  of the foregoing provisions of this act on its
    11  effective date are authorized and directed to be made and  completed  on
    12  or before such effective date.
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