S T A T E   O F   N E W   Y O R K
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                                 8119--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 9, 2015
                               ___________

Introduced by M. of A. PAULIN -- 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  exceptions
  from  prohibitions  on the operation of commercial vehicles on certain
  state highways and parkways

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

  Section  1.  Paragraphs 9 and 22 of subdivision (a) of section 1621 of
the vehicle and traffic law, paragraph 9 as amended and paragraph 22  as
added  by  chapter  1008  of  the  laws  of 1983, are amended to read as
follows:
  9. Exclude  trucks,  commercial  vehicles,  tractors,  tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
trailer  combinations  from highways specified by the commissioner. Such
exclusion shall not be construed to prevent the delivery  or  pickup  of
merchandise  or  other property along the highways from which such vehi-
cles and combinations are otherwise excluded, NOR SHALL  SUCH  EXCLUSION
APPLY TO CERTAIN COMMERCIAL VEHICLES DIRECTLY ENGAGED IN THE PERFORMANCE
OF A CRITICAL SERVICE BUSINESS AND SUBJECT TO A VALID WORK ORDER.
  22.  Exclude  trucks,  commercial  vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
trailer combinations in excess  of  any  designated  weight,  designated
length,  designated height, or eight feet in width, from highways or set
limits on hours of operation of such vehicles on particular state  high-
ways or segments of such highways. Such exclusion shall not be construed
to prevent the delivery or pickup of merchandise or other property along
the  highways  from  which  such  vehicles or combinations are otherwise
excluded, NOR SHALL SUCH EXCLUSION APPLY TO CERTAIN COMMERCIAL  VEHICLES
DIRECTLY  ENGAGED  IN THE PERFORMANCE OF A CRITICAL SERVICE BUSINESS AND
SUBJECT TO A VALID WORK ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11434-05-5
              

A. 8119--A                          2

  S 2. Section 1621 of the vehicle and traffic law is amended by  adding
a new subdivision (e) to read as follows:
  (E)  1.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, AND
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN PARAGRAPH TWO  OF  THIS
SUBDIVISION,  NO  RULE OR REGULATION OF THE DEPARTMENT OF TRANSPORTATION
OR THE OFFICE OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  SHALL
EXCLUDE  FROM ANY STATE HIGHWAY OR PARKWAY A COMMERCIAL VEHICLE DIRECTLY
ENGAGED IN THE PERFORMANCE OF A CRITICAL  SERVICE  BUSINESS.    FOR  THE
PURPOSES  OF  THIS  SECTION,  "CRITICAL SERVICE BUSINESS" SHALL MEAN THE
IMPROVEMENT, REPAIR OR MAINTENANCE OF THE PROPERTY OR  EQUIPMENT  OF  AN
ELECTRIC  CORPORATION, GAS CORPORATION, COMBINED ELECTRIC AND GAS CORPO-
RATION, CABLE TELEVISION COMPANY OR TELECOMMUNICATIONS  CORPORATION,  AS
THOSE  TERMS  ARE  DEFINED  IN  THE PUBLIC SERVICE LAW, A TRANSPORTATION
CORPORATION, AS DEFINED IN THE  TRANSPORTATION  CORPORATION  LAW,  OR  A
WIRELESS  COMMUNICATION  SERVICE SUPPLIER, AS DEFINED IN 47 USC S 332(D)
AS AMENDED FROM TIME TO TIME. THE TERM "DIRECTLY ENGAGED" SHALL  INCLUDE
TRANSIT  TO AND FROM ANY IMPROVEMENT, REPAIR OR MAINTENANCE SUBJECT TO A
VALID WORK ORDER.
  2. NO COMMERCIAL VEHICLE SHALL BE SUBJECT TO AN EXCLUSION AS SET FORTH
IN PARAGRAPH ONE OF THIS SUBDIVISION UNLESS THE OPERATION OF SUCH  VEHI-
CLE  ON  A STATE HIGHWAY OR PARKWAY MEETS THE FOLLOWING TERMS AND CONDI-
TIONS:
  (I) THE VEHICLE IS REGISTERED OR LEASED TO A  VALID  CRITICAL  SERVICE
BUSINESS;
  (II)  THE  OPERATOR HAS IN HIS OR HER POSSESSION A VALID WORK ORDER TO
CONDUCT A CRITICAL BUSINESS SERVICE;
  (III) THE VEHICLE WEIGHS LESS THAN TEN THOUSAND POUNDS;
  (IV) THE VEHICLE MEETS THE HEIGHT RESTRICTIONS FOR ANY SUCH HIGHWAY OR
PARKWAY;
  (V) THE VEHICLE IS OPERATING WITH ALL EXTERNAL RUNNING LIGHTS  ON  AND
AN  AMBER REVOLVING LIGHT LOCATED ON THE ROOF OF THE VEHICLE IS ENGAGED;
AND
  (VI) THE VEHICLE IS SUBJECT TO AN APPROVED CERTIFICATE OF INSURANCE.
  3. NOTHING CONTAINED IN THIS SECTION SHALL BE  DEEMED  TO  IMPAIR  THE
ABILITY  OF  THE  GOVERNOR  TO WAIVE ALL RESTRICTIONS FOR OPERATION ON A
STATE HIGHWAY PURSUANT TO A DECLARED STATE OF EMERGENCY.
  S 3. This act shall take effect immediately.