NY State Senate Bill 2017-S3950

Senate Bill S3950

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 31, 2017	referred to transportation

2017-S3950 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501 & 501-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2477
2011-2012: S834
2013-2014: S2245
2015-2016: S2073
2019-2020: S885

2017-S3950 (ACTIVE) - 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.

2017-S3950 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3950

 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

 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 :

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.

Section 2: Repeals subparagraph (vi) of paragraph (b) of subdivision 2
of section 501 of vehicle and traffic law.

Section 3: Amends subdivision 7 of section 501-a of vehicle and
traffic law. Section 4: Sets forth the effective date.

 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 :

2015,2016:S.2073 Referred to Transportation
2013,2014:S.2245 Referred to Transportation
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.

2017-S3950 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3950
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2017
                                ___________
 
 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

   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.
   § 2. Subdivision 8 of section 501-a of the vehicle and traffic law, as
 added  by  section  3  of  part  E of chapter 58 of the laws of 2016, is
 amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09248-01-7

 S. 3950                             2
 
   8. Covered farm vehicle. [(a)] A vehicle or  combination  of  vehicles
 registered  AND  OPERATED  in  this  state,  which  [(i)] (A) displays a
 covered farm vehicle designation issued by the commissioner, [(ii)]  (B)
 is  operated by the owner or operator of a farm or ranch, or an employee
 or family member of an owner or operator of a farm or ranch, [(iii)] (C)
 is  used  to transport agricultural commodities, livestock, machinery or
 supplies to or from a farm or ranch, [(iv)] (D) is not used in  for-hire
 motor carrier operations, exclusive of operation by a tenant pursuant to
 a crop share farm lease agreement to transport the landlord's portion of
 the crops under that agreement; and [(v)] (E) is not used for the trans-
 portation of hazardous materials.
   [(b) A covered farm vehicle with a gross vehicle weight or gross vehi-
 cle  weight  rating, whichever is greater, of more than twenty-six thou-
 sand pounds may only be operated within one hundred fifty air  miles  of
 the farm or ranch.
   (c) The commissioner shall, by regulation, designate an endorsement or
 endorsements  for  the  operation  of covered farm vehicles with a gross
 vehicle weight or gross vehicle weight rating of  more  than  twenty-six
 thousand  pounds.  Such endorsement or endorsements shall be required to
 operate such a covered farm vehicle or combination of covered farm vehi-
 cles. The identification and scope of such endorsement  or  endorsements
 shall,  at  a  minimum, include a distinction between the operation of a
 covered farm vehicle having a gross  vehicle  weight  or  gross  vehicle
 weight  rating of more than twenty-six thousand pounds and the operation
 of a combination of covered farm vehicles having a gross vehicle  weight
 or gross vehicle weight rating of more than twenty-six thousand pounds.
   (d)  For the purposes of this subdivision, the gross vehicle weight of
 a vehicle shall mean the actual weight of the vehicle and the load.]
   § 3. 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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