S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5486--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY, HINCHEY, RAMOS -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law and the transportation  law,
   in  relation to establishing a commercial driver's license (CDL) class
   A young adult training program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 2 of section 502 of
 the vehicle and traffic law, as amended by chapter 520 of  the  laws  of
 1991, are amended to read as follows:
   (a)  An applicant for a [class A license or for a] commercial driver's
 license which contains an H or an X endorsement or which  is  valid  for
 operation  in  interstate commerce shall be at least twenty-one years of
 age.
   (b) Except as provided in paragraph (a) of this subdivision an  appli-
 cant  for  a class A, B, C or E license shall be at least eighteen years
 of age.
   § 2. Subdivision 5 of section 502 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D)  THE  COMMISSIONER  SHALL  NOT ISSUE A CLASS A COMMERCIAL DRIVER'S
 LICENSE TO A PERSON WHO  IS  EIGHTEEN,  NINETEEN  OR  TWENTY  YEARS  OLD
 UNLESS,  IN  ADDITION  TO  MEETING THE REQUIREMENTS OF THIS CHAPTER WITH
 RESPECT TO THE ISSUANCE OF COMMERCIAL  DRIVER'S  LICENSES,  SUCH  PERSON
 SUBMITS  ACCEPTABLE  PROOF  OF  SUCCESSFUL  COMPLETION OF THE COMMERCIAL
 DRIVER'S LICENSE (CDL) CLASS A YOUNG ADULT TRAINING PROGRAM  ESTABLISHED
 BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SUBDIVISION THIRTY-SIX
 OF  SECTION  FOURTEEN OF THE TRANSPORTATION LAW, AND PROOF OF COMPLETION
 OF THE MINIMUM HOURS OF SUPERVISED DRIVING REQUIRED BY SUCH SUBDIVISION.
 THE COMMISSIONER SHALL PLACE AN "INTRASTATE  ONLY"  RESTRICTION  ON  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10374-05-1

 S. 5486--A                          2
 
 CLASS  A COMMERCIAL DRIVER'S LICENSE ISSUED TO A PERSON WHO IS EIGHTEEN,
 NINETEEN OR TWENTY YEARS OLD AND SUCH  RESTRICTION  SHALL  REMAIN  UNTIL
 SUCH PERSON TURNS TWENTY-ONE YEARS OF AGE.
   §  3.  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 COMMISSIONER OF  MOTOR
 VEHICLES,  RULES AND REGULATIONS TO ESTABLISH AND IMPLEMENT A COMMERCIAL
 DRIVER'S LICENSE (CDL) CLASS A YOUNG ADULT TRAINING PROGRAM FOR CLASS  A
 COMMERCIAL  DRIVER'S  LICENSE  APPLICANTS  WHO ARE EIGHTEEN, NINETEEN OR
 TWENTY YEARS OLD.
   (B) SUCH RULES AND REGULATIONS SHALL BE NO LESS PROTECTIVE  OF  PUBLIC
 SAFETY  THAN  THE RULES AND REGULATIONS PROMULGATED BY THE FEDERAL MOTOR
 CARRIER SAFETY ADMINISTRATION WITH RESPECT TO THE TRAINING OF ENTRY-LEV-
 EL COMMERCIAL MOTOR VEHICLE OPERATORS. SUCH RULES AND REGULATIONS SHALL:
   (I) SET FORTH THE REQUIREMENTS OF, AND CRITERIA TO BE INCLUDED IN, THE
 TRAINING PROGRAM WHICH SHALL BE NO  LESS  THAN  THE  ENTRY-LEVEL  DRIVER
 TRAINING  REQUIREMENTS  PRESCRIBED  BY  THE FEDERAL MOTOR CARRIER SAFETY
 ADMINISTRATION UNDER APPENDICES A, C, D AND E OF PART 380 OF TITLE 49 OF
 THE CODE OF FEDERAL REGULATIONS, AS MAY BE AMENDED FROM  TIME  TO  TIME;
 AND
   (II)  INCLUDE  NO  LESS  THAN  THREE HUNDRED HOURS OF BEHIND-THE-WHEEL
 TRAINING UNDER THE IMMEDIATE SUPERVISION AND CONTROL OF  AN  EXPERIENCED
 DRIVER.
   (C)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "YOUNG ADULT" SHALL MEAN AN INDIVIDUAL WHO IS  EIGHTEEN,  NINETEEN
 OR TWENTY YEARS OLD.
   (II) "EXPERIENCED DRIVER" SHALL MEAN AN INDIVIDUAL WHO:
   (A) IS NOT LESS THAN TWENTY-ONE YEARS OF AGE;
   (B)  HOLDS  A  VALID  CLASS A COMMERCIAL DRIVER'S LICENSE WHICH IS NOT
 SUSPENDED, REVOKED OR CANCELLED PURSUANT TO THE PROVISIONS OF THIS CHAP-
 TER, THE VEHICLE AND TRAFFIC LAW, OR RULES AND  REGULATIONS  PROMULGATED
 THEREUNDER  AND  HAS  HELD SUCH COMMERCIAL DRIVER'S LICENSE FOR AT LEAST
 TWO YEARS;
   (C) HAS NOT, FOR AT LEAST A ONE-YEAR PERIOD: BEEN THE  OPERATOR  OF  A
 MOTOR  VEHICLE  INVOLVED  IN AN ACCIDENT REPORTABLE TO THE FEDERAL MOTOR
 CARRIER SAFETY ADMINISTRATION, OR BEEN  THE  OPERATOR  OF  A  COMMERCIAL
 MOTOR  VEHICLE INVOLVED IN AN ACCIDENT REPORTABLE TO THE COMMISSIONER OF
 MOTOR VEHICLES, OR BEEN CONVICTED OF A  SERIOUS  TRAFFIC  VIOLATION,  OR
 BEEN  CONVICTED OF ANY VIOLATION OF TITLE VII OF THE VEHICLE AND TRAFFIC
 LAW FOR WHICH THE COMMISSIONER OF MOTOR  VEHICLES  ASSESSES  POINTS,  OR
 BEEN  DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE PURSUANT TO
 THIS CHAPTER, THE VEHICLE AND TRAFFIC  LAW,  OR  RULES  AND  REGULATIONS
 PROMULGATED THEREUNDER; AND
   (D)  HAS  A  MINIMUM OF ONE YEAR OF EXPERIENCE DRIVING, IN COMMERCE, A
 COMMERCIAL MOTOR VEHICLE WHICH CAN ONLY  BE  OPERATED  WITH  A  CLASS  A
 COMMERCIAL DRIVER'S LICENSE.
   (III)  "SERIOUS TRAFFIC VIOLATION" SHALL HAVE THE SAME MEANING AS SUCH
 TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN-A OF THE
 VEHICLE AND TRAFFIC LAW.
   § 4. This act shall be deemed repealed if any  federal  agency  deter-
 mines  in  writing  that this act would render New York state ineligible
 for the receipt of federal funds or any court of competent  jurisdiction
 finally  determines  that  this  act  would render New York state out of
 compliance with federal law or regulation.

 S. 5486--A                          3
 
   § 5. 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.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided that the commissioner of transpor-
 tation shall notify the legislative bill drafting  commission  upon  the
 occurrence  of  the  repeal  of this act provided for in section four of
 this act in order that the commission may maintain an accurate and time-
 ly 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.