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

                                  6781

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of  A.  SKARTADOS  --  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 a police or fire vehicle by persons without a commercial driv-
  er's 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  DURING
ITS  RETURN  FROM  SUCH EMERGENCY OPERATION TO THE LOCATION AT WHICH THE
VEHICLE IS CUSTOMARILY GARAGED, or a vehicle  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 may be operated with any class license other than a class DJ,  M  or
MJ  license.  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  (civilians  who  are  required  to  wear military
uniforms); and active duty United States coast guard personnel. The term
shall not include United States reserve technicians.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09897-01-9
              

A. 6781                             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[,]  OR  DURING
ITS  RETURN  FROM  SUCH EMERGENCY OPERATION TO THE LOCATION AT WHICH THE
VEHICLE IS CUSTOMARILY GARAGED, 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 combi-
nation  of  such  vehicles; or (iv) a vehicle or combination of vehicles
which is designed and primarily used for purposes other than the  trans-
portation of persons or property and which is operated on a public high-
way  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 specifically provided by regulation
of  the  commissioner.  For  the  purposes  of  this paragraph, the term
"member of the armed forces" shall include active duty military  person-
nel;  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 (civilians 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.