Assembly Bill A10140

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10140
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced  by  M.  of A. LUPARDO, BRONSON, ABBATE, BUTTENSCHON, CRESPO,
   CRUZ, EPSTEIN, McDONALD, MOSLEY,  SIMON,  TAYLOR,  CROUCH,  DeSTEFANO,
   MIKULIN,  McDONOUGH,  SALKA, SCHMITT, WALCZYK -- Multi-Sponsored by --
   M. of A. BLANKENBUSH, THIELE -- read once and referred to the  Commit-
   tee on Transportation
 
 AN  ACT  to  amend the transportation law, in relation to establishing a
   commercial driver's license (CDL) class A young adult licensing  pilot
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 36 to read as follows:
   36. (A) TO PROMULGATE, IN CONSULTATION WITH THE  DEPARTMENT  OF  MOTOR
 VEHICLES,  RULES AND REGULATIONS TO ESTABLISH AND IMPLEMENT A COMMERCIAL
 DRIVER'S LICENSE (CDL) CLASS A YOUNG ADULT LICENSING PROGRAM.
   (I) SUCH RULES AND REGULATIONS SHALL BE NO LESS PROTECTIVE  OF  PUBLIC
 SAFETY THAN THE RULES AND REGULATIONS PROMULGATED BY THE FEDERAL GOVERN-
 MENT  WITH RESPECT TO THE TRAINING OF ENTRY-LEVEL COMMERCIAL MOTOR VEHI-
 CLE OPERATORS. THE REGULATIONS  SHALL  SET  FORTH  THE  CRITERIA  TO  BE
 INCLUDED  IN  THE  TRAINING PROGRAM AND SHALL BE NO LESS THAN THE ENTRY-
 LEVEL DRIVER TRAINING  REQUIREMENTS  PRESCRIBED  BY  THE  UNITED  STATES
 SECRETARY  OF  TRANSPORTATION  UNDER APPENDICES A, C, D AND E TO SECTION
 380 OF TITLE 49 OF THE UNITED STATES CODE AS AMENDED FROM TIME TO TIME.
   (II) SUCH RULES AND REGULATIONS  SHALL  INCLUDE  NO  LESS  THAN  THREE
 HUNDRED  HOURS  OF  BEHIND-THE-WHEEL TRAINING WITH AN EXPERIENCED DRIVER
 UPON COMPLETION OF SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (B) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)  "YOUNG  ADULT"  SHALL  MEAN  AN INDIVIDUAL WHO RANGES IN AGE FROM
 EIGHTEEN TO TWENTY YEARS OLD;
   (II) "EXPERIENCED DRIVER" SHALL MEAN AN INDIVIDUAL WHO (A) IS NOT LESS
 THAN TWENTY-ONE YEARS OF AGE, (B) HAS HELD A COMMERCIAL DRIVER'S LICENSE
 FOR AT LEAST A TWO-YEAR PERIOD, (C) HAS  HAD  NO  PREVENTABLE  ACCIDENTS
 REPORTABLE  TO  THE UNITED STATES SECRETARY OF TRANSPORTATION OR POINTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15697-01-0

 A. 10140                            2
 
 MOVING VIOLATIONS FOR AT LEAST A ONE-YEAR PERIOD, AND (D) HAS A  MINIMUM
 OF ONE YEAR OF EXPERIENCE DRIVING A COMMERCIAL VEHICLE IN COMMERCE.
   (C)  SUCH  PILOT  PROGRAM  SHALL PROVIDE QUALIFIED YOUNG ADULT DRIVERS
 WITH A CDL CLASS A DRIVER'S LICENSE.
   (D) SUCH PILOT PROGRAM SHALL COMMENCE  ON  JUNE  FIRST,  TWO  THOUSAND
 TWENTY-ONE.
   (E)  THE COMMISSIONER SHALL PROVIDE THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY  WITH  A  REPORT  ON
 SUCH  PILOT PROGRAM ON JUNE FIRST, TWO THOUSAND TWENTY-FOUR. SUCH REPORT
 SHALL INCLUDE:
   (I) THE NUMBER OF QUALIFIED DRIVERS LICENSED UNDER SUCH PILOT PROGRAM;
   (II) ANY SAFETY CONCERNS THAT OCCURRED INCLUDING, BUT NOT LIMITED  TO,
 TRAFFIC VIOLATIONS AND ACCIDENTS; AND
   (III) ANY ADDITIONAL INFORMATION THE COMMISSIONER DEEMS RELEVANT.
   §  2.  This  act shall be deemed repealed if any federal agency or any
 court of competent jurisdiction determines that this  act  would  render
 New York state ineligible for the receipt of federal funds.
   §  3.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 the  clause,  sentence,  subdivision, paragraph, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   § 4. This act shall take effect immediately; provided that the commis-
 sioner  of  transportation  shall  notify  the legislative bill drafting
 commission upon the occurrence of the repeal of this act provided for in
 section two of this act in order that the  commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.