Bill Text: NY A09726 | 2023-2024 | General Assembly | Introduced

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Bill Title: Exempts farmers from commercial driver's license (CDL) requirements when operating a covered farm vehicle within one hundred fifty miles of such farmer's farm.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-03 - referred to transportation [A09726 Detail]

Download: New_York-2023-A09726-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9726

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Transportation

        AN ACT to amend the vehicle and traffic law, in  relation  to  exempting
          farmers  from commercial driver's license requirements while operating
          a covered farm vehicle

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 8 of section 501-a of the vehicle and traffic
     2  law, as added by section 3 of part E of chapter 58 of the laws of  2016,
     3  is amended to read as follows:
     4    8.  Covered  farm  vehicle.  (a)  A vehicle or combination of vehicles
     5  registered in this state, which (i)  displays  a  covered  farm  vehicle
     6  designation issued by the commissioner, (ii) is operated by the owner or
     7  operator of a farm or ranch, or an employee or family member of an owner
     8  or  operator of a farm or ranch, (iii) is used to transport agricultural
     9  commodities, livestock, machinery or supplies  to  or  from  a  farm  or
    10  ranch,  (iv) is not used in for-hire motor carrier operations, exclusive
    11  of operation by a tenant pursuant to a crop share farm  lease  agreement
    12  to  transport  the landlord's portion of the crops under that agreement;
    13  and (v) is not used for the transportation of hazardous materials.
    14    (b) A covered farm vehicle with a gross vehicle weight or gross  vehi-
    15  cle  weight  rating, whichever is greater, of more than twenty-six thou-
    16  sand pounds may only be operated within one hundred fifty air  miles  of
    17  the farm or ranch.
    18    (c)  [The  commissioner shall, by regulation, designate an endorsement
    19  or endorsements for the operation of covered farm vehicles with a  gross
    20  vehicle  weight  or  gross vehicle weight rating of more than twenty-six
    21  thousand pounds. Such endorsement or endorsements shall be  required  to
    22  operate such a covered farm vehicle or combination of covered farm vehi-
    23  cles.  The  identification and scope of such endorsement or endorsements
    24  shall, at a minimum, include a distinction between the  operation  of  a
    25  covered  farm  vehicle  having  a  gross vehicle weight or gross vehicle
    26  weight rating of more than twenty-six thousand pounds and the  operation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14660-01-4
        A. 9726                             2

     1  of  a combination of covered farm vehicles having a gross vehicle weight
     2  or gross vehicle weight rating of more than twenty-six thousand pounds.
     3    (d)] For the purposes of this subdivision, the gross vehicle weight of
     4  a vehicle shall mean the actual weight of the vehicle and the load.
     5    §  2. Paragraph (d) of subdivision 2 of section 501 of the vehicle and
     6  traffic law is amended by adding a new subparagraph  (iii)  to  read  as
     7  follows:
     8    (iii)  Notwithstanding the foregoing provisions of this subdivision, a
     9  motor vehicle or combination of vehicles that is a covered farm vehicle,
    10  as defined by subdivision eight of section five hundred  one-a  of  this
    11  article,  that  is  operated by a farmer pursuant to section 383.3(d) of
    12  title 49 of the code of federal regulations  within  one  hundred  fifty
    13  miles  of  such  farmer's  farm,  may be operated with any class license
    14  other than a class DJ, M or MJ license.
    15    § 3. This act shall take effect immediately.