senate Bill S2245

Authorizes the operation of farm vehicles within the state with a class D driver's license; repealer

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Sponsor

Bill Status


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

  • 15 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Authorizes the operation of farm vehicles within the state with a class D driver's license; eliminates the requirement for a farm endorsement to operate a farm vehicle; expands definition of "farm vehicle" to include a combination of vehicles with a gross vehicle weight rating of 26,000 pounds or less.

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Bill Details

Versions:
S2245
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§501 & 501-a, rpld §501 sub 2 ¶(b) sub¶ (vi), V & T L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S834
2009-2010: S2477

Sponsor Memo

BILL NUMBER:S2245

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to authorizing the operation of any farm vehicle within the
state by a person with a class D driver's license; and to repeal
subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of
such law relating to farm endorsements

PURPOSE OR GENERAL IDEA OF BILL: This bill would allow farmers to
drive truck/trailer combinations of up to 26,000 pounds statewide with
a class D drivers' license. Farmers would be limited to transporting
agriculture products, farm machinery, farm supplies or all of the
aforementioned. Hazardous waste transportation would be excluded.

SUMMARY OF PROVISIONS: Bill section 1 amends vehicle and traffic law
subparagraph (iv) of paragraph (a) of subdivision 2 of section 501 to
require that:

-class D license shall be valid to operate any passenger or limited
use automobile or any truck with a GVWR of not more than 26,000 pounds
of any such vehicle towing a vehicle with a GVWR of not more than
10,000 pounds, or any such vehicle towing another vehicle with a GVWR
of more than 10,000 pounds provided such combination of vehicles has a
GVWR of not more than 26,000 pounds.

-subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of
vehicle and traffic law is repealed.

-subdivision 7 of section 501-a of vehicle and traffic law is amended
to read as follows:

7. Farm vehicle - a vehicle or any combination of vehicles having a
GVWR of not more than 26,000 pounds which is controlled and operated
by a farmer, is used to transport agricultural products, farm
machinery, farm supplies or all of the aforementioned to or from the
farm and is not used in the operation of a common or contract motor
carrier and such vehicle or vehicles are operated within this state.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Under current
law, farmers are allowed to move 26,000 pound truck/trailer
combinations only up to a 150 mile radius of the person's farm with a
class D license. Under this bill a farmer would have the ability to
travel statewide with a class D license and a 26,000 pound
truck/trailer combination.

JUSTIFICATION: In many cases farmers need to be allowed statewide
transportation of agricultural products to meet the changing
marketplace. Upstate farmers are being asked to market their products
to the New York City area. In addition, farmers may show livestock or
animals in another geographic area of the state from where their farms
are located. The present class D driver's license, 26,000 pound, 150
mile requirement from a farm is outdated and adds a notable constraint
to a farmers' ability to successfully conduct his or her business.


PRIOR LEGISLATIVE HISTORY: 2011,2012: S.834 Referred to
Transportation 2009,2010: S.2477 Referred to Transportation 2008:
S.7567/A.10636 Committed to Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on January 1 following its
enactment.

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

                                  2245

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  authorizing
  the  operation of any farm vehicle within the state by a person with a
  class D driver's license; and to repeal subparagraph (vi) of paragraph
  (b) of subdivision 2 of section 501  of  such  law  relating  to  farm
  endorsements

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (iv) of paragraph  (a)  of  subdivision  2  of
section 501 of the vehicle and traffic law, as amended by chapter 339 of
the laws of 2005, is amended to read as follows:
  (iv) Class D. (A) Such license shall be valid to operate any passenger
or  limited  use  automobile  or  any truck with a GVWR of not more than
twenty-six thousand pounds or any such vehicle towing a vehicle  with  a
GVWR  of  not  more than ten thousand pounds, or any such vehicle towing
another vehicle with a GVWR of more than ten  thousand  pounds  provided
such  combination  of  vehicles  has  a GCWR of not more than twenty-six
thousand pounds, or any personal use vehicle with a  GVWR  of  not  more
than  twenty-six  thousand  pounds  or any such vehicle towing a vehicle
with a GVWR of not more than ten thousand pounds, except it shall not be
valid to operate a tractor, a motorcycle other  than  a  class  B  or  C
limited  use motorcycle, a vehicle used to transport passengers for hire
or for which a hazardous materials endorsement is required, or a vehicle
defined as a bus in subdivision one of section five  hundred  nine-a  of
this title.
  (B)  NOTWITHSTANDING  ANY  RESTRICTION  ON  THE  OPERATION OF VEHICLES
INCLUDED IN CLAUSE (A) OF THIS SUBPARAGRAPH, SUCH LICENSE SHALL BE VALID
TO OPERATE ANY FARM VEHICLE ANYWHERE WITHIN THIS STATE.
  S 2. Subparagraph (vi) of paragraph (b) of subdivision  2  of  section
501 of the vehicle and traffic law is REPEALED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06884-01-3

S. 2245                             2

  S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended to read as follows:
  7.  Farm  vehicle.  A  vehicle OR ANY COMBINATION OF VEHICLES having a
GVWR of not more than twenty-six thousand pounds which is controlled and
operated by a farmer, is used to transport agricultural  products,  farm
machinery,  farm  supplies  or  all of the aforementioned to or from the
farm and is not used in the operations of a  common  or  contract  motor
carrier and[, such a vehicle having a GVWR of more than twenty-six thou-
sand  pounds  while  being  used  within  one hundred fifty miles of the
person's farm] SUCH VEHICLE OR VEHICLES ARE OPERATED WITHIN THIS STATE.
  S 4. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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