Senate Bill S885

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    885
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   the  operation of any farm vehicle within the state by a person with a
   class D driver's license

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 2 of
 section 501 of the vehicle and traffic law, as amended by chapter 339 of
 the laws of 2005, is amended to read as follows:
   (iv) Class D. (A) Such license shall be valid to operate any passenger
 or limited use automobile or any truck with a  GVWR  of  not  more  than
 twenty-six  thousand  pounds or any such vehicle towing a vehicle with a
 GVWR of not more than ten thousand pounds, or any  such  vehicle  towing
 another  vehicle  with  a GVWR of more than ten thousand pounds provided
 such combination of vehicles has a GCWR  of  not  more  than  twenty-six
 thousand  pounds,  or  any  personal use vehicle with a GVWR of not more
 than twenty-six thousand pounds or any such  vehicle  towing  a  vehicle
 with a GVWR of not more than ten thousand pounds, except it shall not be
 valid  to  operate  a  tractor,  a  motorcycle other than a class B or C
 limited use motorcycle, a vehicle used to transport passengers for  hire
 or for which a hazardous materials endorsement is required, or a vehicle
 defined  as  a  bus in subdivision one of section five hundred nine-a of
 this title.
   (B) NOTWITHSTANDING ANY  RESTRICTION  ON  THE  OPERATION  OF  VEHICLES
 INCLUDED IN CLAUSE (A) OF THIS SUBPARAGRAPH, SUCH LICENSE SHALL BE VALID
 TO OPERATE ANY FARM VEHICLE ANYWHERE WITHIN THIS STATE.
   § 2. Subdivision 8 of section 501-a of the vehicle and traffic law, as
 added  by  section  3  of  part  E of chapter 58 of the laws of 2016, is
 amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04128-01-9
              

 S. 885                              2
 
   8. Covered farm vehicle. [(a)] A vehicle or  combination  of  vehicles
 registered  AND  OPERATED  in  this  state,  which  [(i)] (A) displays a
 covered farm vehicle designation issued by the commissioner, [(ii)]  (B)
 is  operated by the owner or operator of a farm or ranch, or an employee
 or family member of an owner or operator of a farm or ranch, [(iii)] (C)
 is  used  to transport agricultural commodities, livestock, machinery or
 supplies to or from a farm or ranch, [(iv)] (D) is not used in  for-hire
 motor carrier operations, exclusive of operation by a tenant pursuant to
 a crop share farm lease agreement to transport the landlord's portion of
 the crops under that agreement; and [(v)] (E) is not used for the trans-
 portation of hazardous materials.
   [(b) A covered farm vehicle with a gross vehicle weight or gross vehi-
 cle  weight  rating, whichever is greater, of more than twenty-six thou-
 sand pounds may only be operated within one hundred fifty air  miles  of
 the farm or ranch.
   (c) The commissioner shall, by regulation, designate an endorsement or
 endorsements  for  the  operation  of covered farm vehicles with a gross
 vehicle weight or gross vehicle weight rating of  more  than  twenty-six
 thousand  pounds.  Such endorsement or endorsements shall be required to
 operate such a covered farm vehicle or combination of covered farm vehi-
 cles. The identification and scope of such endorsement  or  endorsements
 shall,  at  a  minimum, include a distinction between the operation of a
 covered farm vehicle having a gross  vehicle  weight  or  gross  vehicle
 weight  rating of more than twenty-six thousand pounds and the operation
 of a combination of covered farm vehicles having a gross vehicle  weight
 or gross vehicle weight rating of more than twenty-six thousand pounds.
   (d)  For the purposes of this subdivision, the gross vehicle weight of
 a vehicle shall mean the actual weight of the vehicle and the load.]
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.