Allows a person to operate a fire truck without possessing a commercial drivers license

27 Co-sponsors

• David J. Valesky
• Craig M. Johnson
• Diane J. Savino
• Ruben Diaz
• Martin Malavé Dilan
• Pedro Espada Jr.
• Hugh T. Farley
• John J. Flanagan
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Owen H. Johnson
• William J. Larkin Jr.
• Kenneth P. LaValle
• Betty Little
• George D. Maziarz
• Roy J. McDonald
• Michael F. Nozzolio
• George Onorato
• Suzi Oppenheimer
• Bill Perkins
• James L. Seward
• William T. Stachowski
• Andrea Stewart-Cousins
• Catharine Young
• Darrel J. Aubertine
• John J. Bonacic
• Neil D. Breslin

Title of bill

An act to amend the vehicle and traffic law, in relation to the operation of an emergency vehicle without a commercial drivers license

Purpose or general idea of bill

To clarify the scope of the exemption from commercial driver's license (CDL) requirements applicable to the operation of certain emergency vehicles.

Summary of specific provisions

The bill amends subparagraph (i) of paragraph (d) of subdivision 2 of Section 501, and paragraph (b) of subdivision 4 of Section 501-a of the Vehicle and Traffic Law to clarify that the current exemption from CDL requirements for police vehicles, fire vehicles and vehicles used to provide emergency medical service applies not only during their use in emergency situations but also in the performance of official duties, or activities related to the execution of emergency governmental functions.

Justification

Regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) authorize states, in their discretion, to exempt from CDL requirements firefighters and other operators of commercial motor vehicles which are necessary to the preservation of life or property or to the execution of emergency governmental functions (49 CFR 383.3(d)), that are equipped with audible and visual signals and not subject to normal traffic regulation during emergency situations.

Current New York State law exempts from CDL requirements, in emergency situations, police vehicles, fire vehicles and vehicles used to provide emergency medical service. These vehicles, which are included in the definition of "authorized emergency vehicle" in Vehicle and Traffic Law (VTL) §101, are subject to the provisions of VTL §1104 when engaged in an emergency operation. This section sets forth standards for the operation of authorized emergency vehicles engaged in emergency operations including provisions for lights, sirens, and exemption from normal traffic regulation.

The operators of such vehicles are restricted by current statutory definition. For example, pursuant to VTL §132-a, a vehicle is a police vehicle only if it is owned by the state, a public authority, a county, town, city or village, and operated by the police department or law enforcement agency of such governmental unit or by a constable or police constable of a town when acting pursuant to his special duties. As another example, pursuant to VTL §115-a, a vehicle is a fire vehicle if it is OPERATED FOR FIRE SERVICE PURPOSES and owned and identified as being owned by the state, a public authority, a county, town, city, village or fire district, or a fire corporation subject to provisions of the not-for-profit corporation law or a fire company as defined in § 100 of the General Municipal Law.

This bill would clarify, in a manner conforming to federal regulations and thereby preserving approximately $31 million in federal highway aid, that the operators of police, fire, and emergency medical services vehicles are exempt from CDL requirements when operating these vehicles not only in emergency situations but also pursuant to their official duties, or activities related to the execution of emergency governmental functions. Examples of such official duties or activities include, but are not limited to, training, parades, funerals, hydrant maintenance, and commercial building inspections.

Prior legislative history

New bill.

Fiscal implications

None noted, as bill's conformity with federal regulations will continue to preserve approximately $31 million in federal highway aid.

Effective date

This act shall take effect immediately.