S T A T E O F N E W Y O R K
________________________________________________________________________
5952
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. GORDON -- read once and referred to the Committee
on Transportation
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 6 of
part E of chapter 60 of the laws of 2005, 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 military vehicle operated by a member of the armed forces, or a
police or fire vehicle [during its use in an emergency operation, as
defined in section one hundred fourteen-b of this chapter], or a vehicle
owned and identified as being owned by the state, a political subdivi-
sion thereof, 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 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07831-01-9
A. 5952 2
S 2. Paragraph (b) of subdivision 4 of section 501-a of the vehicle
and traffic law, as amended by chapter 251 of the laws of 2007, 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 or
fire vehicle or a vehicle [during its use in an emergency operation, as
defined in section one hundred fourteen-b of this chapter], owned and
identified as being owned by the state, a political subdivision thereof,
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 section and used to provide
emergency medical service as defined in section three thousand one of
the public health law or combination of such vehicles; or (iv) 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.
S 3. This act shall take effect immediately.