senate Bill S1170

Creates waiver for intrastate operation for deaf persons

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

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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Bill Details

See Assembly Version of this Bill:
A985
Versions:
S1170
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง502, V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4407, A6920, A9309
2009-2010: A11386, A11386

Votes

Sponsor Memo

BILL NUMBER:S1170

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to creating a waiver
for intrastate operation for deaf persons

PURPOSE:
This bill would provide a permanent waiver for the hearing requirement
portion of the physical examination for a driver who holds a valid
commercial drivers license or permit.

SUMMARY OF PROVISIONS:
This bill creates a waiver to be obtained at the time of renewal for
persons who are hard of hearing and currently hold a valid
commercial drivers license or permit.

This bill would comply with federal transportation guidelines by not
allowing persons with a waiver to transport hazardous materials. The
waiver would allow drivers to transport vehicles carrying 16
passengers or more (such as shuttle buses) and would also allow them
to obtain an "s" endorsement to drive school buses.

The waiver would be created by the Commissioner of Transportation and
the New York State Interagency Coordinating Council for services to
persons who are deaf, deaf-blind, or hard of hearing.

JUSTIFICATION:
Current truck drivers who suffer from hearing loss may be in jeopardy
of losing their commercial drivers license or permit. Other states
such as Maryland and Minnesota have waiver programs that allow
persons who are hard of hearing to apply for a waiver for the hearing
portion requirement of the physical examination. This waiver would
only be valid for intrastate driving.

PRIOR LEGISLATIVE HISTORY:
2010 - Referred to Transportation
2011 - Passe Senate
2012 - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become law, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1170

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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:

  Section 1. Section 502 of the vehicle and traffic law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  WAIVER  FOR  INTRASTATE OPERATION. (A) NOTWITHSTANDING ANY OTHER
SUBDIVISION OF THIS SECTION, A DRIVER WHO IS CURRENTLY THE HOLDER  OF  A
VALID  COMMERCIAL DRIVER'S LICENSE OR PERMIT AND WHO OPERATES INTRASTATE
EXCLUSIVELY IN A COMMERCIAL MOTOR VEHICLE REQUIRING A  COMMERCIAL  DRIV-
ER'S  LICENSE  TO OPERATE, WHO HAS OTHERWISE MET THE REQUIREMENTS AS SET
FORTH IN PUBLIC LAW 99-570, TITLE XII, AND  TITLE  49  OF  THE  CODE  OF
FEDERAL  REGULATIONS,  AND  ALL  REGULATIONS  PROMULGATED  BY THE UNITED
STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS  TRANS-
PORTATION  ACT,  MAY,  UPON  RENEWAL OF SUCH LICENSE, OBTAIN A PERMANENT
WAIVER FOR THE HEARING REQUIREMENT OF THE PHYSICAL  EXAMINATION  AS  SET
FORTH  IN  49  CFR  391.41(B)(11) WHICH SHALL EXEMPT THE DRIVER FROM THE
HEARING REQUIREMENT OF SUCH PHYSICAL EXAMINATION WHILE THE DRIVER  IS  A
HOLDER  OF  A  VALID COMMERCIAL DRIVER'S LICENSE OR PERMIT.  PERSONS WHO
RECEIVE SUCH WAIVER SHALL ALSO  BE  ELIGIBLE  FOR  AN  "S"  ENDORSEMENT.
PERSONS  WHO  HAVE  RECEIVED SUCH WAIVER SHALL NOT BE REQUIRED TO WEAR A
HEARING AID PROVIDED, HOWEVER,  SUCH  PERSON'S  DRIVER'S  LICENSE  SHALL
CLEARLY  INDICATE  THAT SUCH PERSON HAS RECEIVED SUCH WAIVER IN A MANNER
TO BE SET FORTH BY THE COMMISSIONER.
  (B) SUCH WAIVER SHALL BE OF SUCH DESIGN AND TYPE AS  THE  COMMISSIONER
AND  THE NEW YORK STATE INTERAGENCY COORDINATING COUNCIL FOR SERVICES TO
PERSONS WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING SHALL  DEEM  TO  BE
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.
                                                           LBD01893-01-3

S. 1170                             2

  (I)  VALID  WHILE THE DRIVER IS THE HOLDER OF A VALID COMMERCIAL DRIV-
ER'S LICENSE OR PERMIT;
  (II) KEPT ON FILE WITH THE DEPARTMENT;
  (III)  KEPT BY AND MADE READILY AVAILABLE BY THE HOLDER OF THE COMMER-
CIAL DRIVER'S LICENSE; AND
  (IV) KEPT ON FILE BY THE MOTOR CARRIER EMPLOYING THE DRIVER.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law provided, however, effective immediately, the
addition, amendment and/or repeal of any rules or regulations  necessary
for  the  implementation  of the foregoing provisions of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.

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