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

                                 6051--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  MAGEE, LUPARDO, DelMONTE, SCHIMEL,
  FIELDS, LIFTON, DESTITO, SCHIMMINGER, JOHN, KOON, GALEF,  CHRISTENSEN,
  MAGNARELLI,  REILLY,  JAFFEE, RUSSELL, ALESSI, GORDON, PAULIN, CAHILL,
  GABRYSZAK, STIRPE, SCHROEDER, RAMOS, GUNTHER, CASTRO, PHEFFER, BRADLEY
  -- Multi-Sponsored by -- M. of A. AMEDORE,  BACALLES,  BALL,  BARCLAY,
  BURLING,  BUTLER, CONTE, CROUCH, DenDEKKER, DUPREY, EDDINGTON, ERRIGO,
  GIGLIO, HAYES, HIKIND, KOLB, LATIMER,  P. LOPEZ,  McDONOUGH,  McENENY,
  MOLINARO,  OAKS,  PEOPLES,  QUINN,  RABBITT,  RAIA, ROBINSON, SAYWARD,
  SCOZZAFAVA, TEDISCO, TOWNSEND, WALKER, WEISENBERG  --  read  once  and
  referred  to  the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
  tion of an emergency vehicle without a commercial drivers license

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

  Section  1.  Subparagraph  (i)  of  paragraph  (d) of subdivision 2 of
section 501 of the vehicle and traffic law, as amended by section  4  of
part K of chapter 59 of the laws of 2009, is amended to read as follows:
  (i)  Notwithstanding  the  foregoing provisions of this subdivision, a
motor vehicle or combination of vehicles, other than a motorcycle,  that
is  (A)  a military vehicle operated by a member of the armed forces, or
(B) a police VEHICLE or fire vehicle during  its  use  in  an  emergency
operation[,]  as defined in section one hundred fourteen-b of this chap-
ter, OR IN THE PERFORMANCE OF OFFICIAL DUTIES, OR ACTIVITIES RELATED  TO
THE  EXECUTION  OF  EMERGENCY GOVERNMENTAL FUNCTIONS PURSUANT TO SECTION
383.3 (D)(2) OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS,  or  (C)  a
vehicle  owned  and identified as being owned by the state[,] OR a poli-
tical subdivision thereof[,] OR  an  ambulance  service  as  defined  in
subdivision  two  of section three thousand one of the public health law
or a voluntary ambulance service as defined in subdivision three of such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07831-14-9
              

A. 6051--A                          2

section and used to provide emergency  medical  service  as  defined  in
section three thousand one of the public health law, OR TO PERFORM OFFI-
CIAL DUTIES, OR ACTIVITIES RELATED TO THE EXECUTION OF EMERGENCY GOVERN-
MENTAL  FUNCTIONS  PURSUANT  TO  SECTION 383.3 (D)(2) OF TITLE 49 OF THE
CODE OF FEDERAL REGULATIONS, may be  operated  with  any  class  license
other  than  a class DJ, M or MJ license. For the purposes of this para-
graph the term "member of the armed forces" shall  include  active  duty
military personnel; members of the reserve components of the armed forc-
es; members of the national guard on active duty, including personnel on
full  time  active  guard  duty,  personnel  on part-time national guard
training, and national guard military  technicians  (civilians  who  are
required to wear military uniforms); and active duty United States coast
guard  personnel. The term shall not include United States reserve tech-
nicians. Notwithstanding the provisions of  section  one  hundred  four-
teen-b  of this chapter, for the purposes of this subparagraph, the term
"emergency operation" shall include returning from emergency service.
  S 2. Paragraph (b) of subdivision 4 of section 501-a  of  the  vehicle
and  traffic law, as amended by section 5 of part K of chapter 59 of the
laws of 2009, is amended to read as follows:
  (b) However, a commercial motor  vehicle  shall  not  include:  (i)  a
personal  use  vehicle  or a farm vehicle or a combination of such vehi-
cles; (ii) any motor vehicle or combination of motor  vehicles  operated
by  a  member  of the armed forces for military purposes; (iii) a police
VEHICLE or fire vehicle [or a vehicle], OR COMBINATION OF SUCH  VEHICLES
during  its  use  in an emergency operation[,] as defined in section one
hundred fourteen-b of this chapter, OR IN THE  PERFORMANCE  OF  OFFICIAL
DUTIES, OR ACTIVITIES RELATED TO THE EXECUTION OF EMERGENCY GOVERNMENTAL
FUNCTIONS  PURSUANT  TO  SECTION 383.3 (D)(2) OF TITLE 49 OF THE CODE OF
FEDERAL REGULATIONS; (IV) A VEHICLE OR COMBINATION OF VEHICLES owned and
identified as being owned by the state[,]  OR  a  political  subdivision
thereof[,]  OR  an  ambulance  service  as defined in subdivision two of
section three thousand one of the public health law or a voluntary ambu-
lance service as defined in subdivision three of such section  and  used
to  provide  emergency medical service as defined in section three thou-
sand one of the public health law [or combination of such vehicles],  OR
TO  PERFORM  OFFICIAL  DUTIES, OR ACTIVITIES RELATED TO THE EXECUTION OF
EMERGENCY GOVERNMENTAL FUNCTIONS PURSUANT TO  SECTION  383.3  (D)(2)  OF
TITLE  49 OF THE CODE OF FEDERAL REGULATIONS; or [(iv)] (V) a vehicle or
combination of  vehicles  which  is  designed  and  primarily  used  for
purposes  other than the transportation of persons or property and which
is operated on a public highway only occasionally  for  the  purpose  of
being  transported  to  a  construction or off-highway site at which its
primary purpose is to be performed except as may  otherwise  be  specif-
ically  provided  by regulation of the commissioner. For the purposes of
this paragraph, the term "member of  the  armed  forces"  shall  include
active duty military personnel; members of the reserve components of the
armed  forces;  members  of the national guard on active duty, including
personnel on  full  time  active  guard  duty,  personnel  on  part-time
national guard training, and national guard military technicians (civil-
ians who are required to wear military uniforms); and active duty United
States  coast  guard personnel. The term shall not include United States
reserve technicians.  Notwithstanding  the  provisions  of  section  one
hundred  fourteen-b of this chapter, for the purposes of this paragraph,
the term "emergency operation" shall include  returning  from  emergency
service.
  S 3. This act shall take effect immediately.