NY State Senate Bill 2023-S8761

Senate Bill S8761

2023-2024 Legislative Session

Exempts farmers from commercial driver's license (CDL) requirements when operating a covered farm vehicle

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 07, 2024	referred to transportation

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2023-S8761 (ACTIVE) - Details

See Assembly Version of this Bill:: A9726
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§501-a & 501, V & T L

2023-S8761 (ACTIVE) - Summary

Exempts farmers from commercial driver's license (CDL) requirements when operating a covered farm vehicle within one hundred fifty miles of such farmer's farm.

2023-S8761 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8761

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to exempting
farmers from commercial driver's license requirements while operating a
covered farm vehicle

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to provide an exemption from commer-
cial drivers licensing restrictions to farm owners and farm employees.
This exemption would allow farmers to get their agricultural products to
market and processing plants in a dependable and timely manner.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 8 of section 501-a of the vehicle and traffic law
is amended.

Section 2: Paragraph (d)of subdivision 2 of section 501 of the vehicle

and traffic law is amended by adding a new subparagraph (iii).

Section 3: Establishes an effective date.

 
JUSTIFICATION:

There is a national shortage of Commercial Driver's License (CDL) truck
drivers and in New York State, as well. The CDL driver shortage has been
particularly difficult for farmers who must transport their perishable
products in a timely manner. Farmers who are unable to have a driver
available can face the prospect of experiencing the financially devas-
tation of loss of crops.

This legislation would assist farmers in getting their agricultural
products to processing plants and markets during this time of truck
driver shortages. The change in law would provide an exemption from CDL
for farm owners and farm employees hauling farm equipment and products
within 150 miles of a farm without an F or G endorsement on their
license. This exemption would provide farmers with certainty of getting
products and equipment to where it is needed in a timely manner.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

This legislation will assist farmers by allowing them to transport crops
to be processed and to market in a more cost effective and efficient
manner which would result in high sales and income tax revenue to the
State.

 
EFFECTIVE DATE:
This act shall take effective immediately.

2023-S8761 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8761
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  exempting
   farmers  from commercial driver's license requirements while operating
   a covered farm vehicle
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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:
   8.  Covered  farm  vehicle.  (a)  A vehicle or combination of vehicles
 registered in this state, which (i)  displays  a  covered  farm  vehicle
 designation issued by the commissioner, (ii) 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) is used to transport agricultural
 commodities, livestock, machinery or supplies  to  or  from  a  farm  or
 ranch,  (iv) 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) is not used for the transportation 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14660-01-4

 S. 8761                             2

 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.
   §  2. Paragraph (d) of subdivision 2 of section 501 of the vehicle and
 traffic law is amended by adding a new subparagraph  (iii)  to  read  as
 follows:
   (III)  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, A
 MOTOR VEHICLE OR COMBINATION OF VEHICLES THAT IS A COVERED FARM VEHICLE,
 AS DEFINED BY SUBDIVISION EIGHT OF SECTION FIVE HUNDRED  ONE-A  OF  THIS
 ARTICLE,  THAT  IS  OPERATED BY A FARMER PURSUANT TO SECTION 383.3(D) OF
 TITLE 49 OF THE CODE OF FEDERAL REGULATIONS  WITHIN  ONE  HUNDRED  FIFTY
 MILES  OF  SUCH  FARMER'S  FARM,  MAY BE OPERATED WITH ANY CLASS LICENSE
 OTHER THAN A CLASS DJ, M OR MJ LICENSE.
   § 3. This act shall take effect immediately.

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