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MTV-11-15-00017-A Commercial Learner's Permits and Commercial Driver's Licenses
5/20/15 N.Y. St. Reg. MTV-11-15-00017-A
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 20
May 20, 2015
RULE MAKING ACTIVITIES
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF ADOPTION
I.D No. MTV-11-15-00017-A
Filing No. 353
Filing Date. May. 05, 2015
Effective Date. Jun. 04, 2015
Commercial Learner's Permits and Commercial Driver's Licenses
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 410-c, 501(2)(c) and 508(4)
Subject:
Commercial learner's permits and commercial driver's licenses.
Purpose:
Conforms state licensing requirements to federal requirements.
Text of final rule:
Pursuant to the authority contained in Sections 215(a), 410-c, 501(2)(c) and 508(4) of the Vehicle and Traffic Law, the Commissioner of Motor Vehicles hereby amends the Regulations of the Commissioner of Motor Vehicles as follows:
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Section 3.1 is amended to read as follows:
Chapters 173 and 696 of the Laws of 1990 amended various provisions of the Vehicle and Traffic Law relating to driver licensing effective February 19, 1991. Those chapters provide that the holder of any previously issued license or permit to drive in existence on February 19, 1991 shall continue to have all of the rights granted by such license or permit at the time of its issuance until the expiration of that license or permit except that no such license or permit will be valid for the operation of a commercial motor vehicle on and after April 1, 1992. Those chapters also established a new classification system for driver licenses and provided for endorsements and restrictions which may be added to such licenses. This part is intended to implement the provisions of those chapters. The provisions of this part that are applicable to an applicant for or the holder of a commercial driver’s license shall also be applicable to an applicant for or the holder of a commercial learner’s permit, except for those provisions which by their nature can have no application.
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Subdivision (a), subparagraphs (ii) and (iii) of paragraph (1) of subdivision (b) and subdivision (c) of section 3.2 are amended to read as follows:
(a) License classifications. Paragraph (a) of subdivision two of section 501 of the Vehicle and Traffic Law establishes eight classes of driver licenses and sets forth the vehicles which may be operated with each such class subject to any required endorsements and any restrictions which may be made to any such license. The license classes are: A, B, C, D, E, DJ, M and MJ. Class A, class B and class C licenses which contain an H, P, S or X endorsement are commercial driver licenses or CDLs. Any other class license, including a class C license which does not contain an H, P, S or X endorsement is not a CDL. No license may contain more than one class except that any license may contain a motorcycle M class in addition to its other class. A license which has both a motorcycle and a DJ class will be designated as a DMJ license. No person shall apply for a commercial learner’s permit unless such person holds a class D license. A commercial learner’s permit may not be issued with an endorsement authorized by federal regulation, other than a P, S or N endorsement.
(ii) Farm endorsement. There are three types of farm endorsements F, G and Z. The F endorsement is required on a non-CDL for operation of farm vehicles and farm vehicle combinations over 26,000 lbs. The G endorsement is required on a non-CDL for operation of single farm vehicles over 26,000 lbs. The Z endorsement is required on a non-CDL for transporting hazardous materials in a farm vehicle. All of the farm endorsements are limited to operation of the farm vehicle or combinations within 150 miles of the farm. Beyond that distance, an appropriate class CDL is required. Farm endorsements shall be issued for appropriate class licenses upon passage of an appropriate non-CDL knowledge test[,] and skills test in a representative vehicle, [and certification by the licensee that he operates a farm vehicle] except that a Z endorsement shall be issued only after the applicant also passes the hazardous materials knowledge test which is required for issuance of an H endorsement to a CDL.
(iii) Personal use vehicle endorsement. An R endorsement is the personal use vehicle endorsement. It is required on a non-CDL for operation of recreational vehicles and rental vehicles over 26,000 pounds GVWR or over forty feet in length for transportation of personal household goods. It shall be issued upon passage of a skills test in a recreational vehicle over 26,000 pounds GVWR or over forty feet in length when the licensee has not passed a CDL [knowledge] skills test.
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Paragraph (3) of subdivision (c) of section 3.2 is amended and a new paragraph 5 is added to read as follows:
Code
Restriction
Code
Restriction
A
ACCEL LEFT OF BRAKE
N
[PASS REST TO CLASS C VEH] NO CLASS A OR B PASSENGER VEHICLE
A2
PROBLEM DRIVER
A3
MED CERT EXEMPT
N1
NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 15 OR MORE PASSENGERS
A4
INTERLOCK DEVICE
N2
NO VEHICLE WITH DESIGNED ADULT SEATING CAPACITY OF 8 OR MORE PASSENGERS
B
CORRECTIVE LENSES
O
[TRK/TRLR COMBI ONLY] NO TRACTOR TRAILER CMV
C
MECHANICAL AID
O1
[TRUCK/TRL COMBI] No TRACTOR TRAILER CMV/TRUCK NOT OVER 26,000 GVWR
CDL INTRASTATE ONLY (DOES NOT PERMIT OPERATION OUTSIDE OF NYS IN INTERSTATE COMMERCE)
3
TELESCOPIC LENS
L
NO AIR BRAKES EQUIPPED CMV
5
NO LIMITED ACCESS ROADS
[L1
NO AIR BRAKES CLASS A VEH ]
[L2
NO AIR BRAKES CLASS B VEH ]
M
[PASS REST TO CLASS B VEH ] NO CLASS A PASSENGER VEHICLE
(5) Commercial learner’s permit restrictions. Every commercial learner’s permit with a P (passenger) or S (school bus) endorsement must also carry a P restriction. Every commercial learner’s permit with a T (tank) endorsement must also carry an X restriction. Every class B commercial learner’s permit with a P or S endorsement must also carry an M restriction.
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Paragraphs (1), (2) and (3) of subdivision (a), and subdivisions (c) and (d) of section 3.3 are amended to read as follows:
(1) An appropriate learner's permit shall be issued upon passage of a vision test, submission of all documentation required with respect to age, identity and fitness, payment of [the application fee] all fees required by section 503 of the Vehicle and Traffic Law, the taking of a photo image, and passage of a knowledge test appropriate for the license for which application is being made. [No learner's permit which is valid for the operation of any vehicle which may not be driven with a class E or M license shall be issued.] An applicant shall be entitled to make an appointment to take a skills test upon submission of evidence of completion of the required prelicensing driver training and highway safety course as provided in Part 7 of this Title. [No skills test shall be given in any vehicle which may not be operated with a class E or M license.]
(2) Upon passage of a skills test, the applicant shall be issued an appropriate interim license at a motor vehicle office or by mail, depending on the class of license. Such license shall not be valid beyond the expiration on it. [Upon such passage the licensee shall be sent an application for a standard license document. Upon receipt of such form, the licensee must appear at a motor vehicle office and pay the required license fee and have his or her photo image taken. Thereafter, the appropriate standard license document shall be mailed to the licensee.]
(3) If during the course of an application for an original driver license, an applicant does not pass the skills test within the period of validity [a year from the issuance] of the learner's permit, such permit shall expire. If within [such year] the period of validity, the applicant fails two skills tests, the application and learner's permit shall expire. A new application procedure may then be commenced, except that a knowledge test shall be waived if that application is for the same type license and is made within two years from the date of passage of the prior knowledge test.
(c) Amendments to the license. A valid driver license may be amended by making application on a form provided for such purpose to a motor vehicle office, paying all fees and submitting all documentation required and passing the appropriate knowledge and/or skills test or tests if such tests are required. [If passage of a skills test is required, the procedure with respect to original licenses set forth above shall apply except that upon scheduling a skills test required for a class A, B or C license or for a recreational or farm vehicle endorsement, the fee required by Vehicle and Traffic Law section 503(2) must be paid at that time and if an interim license is issued after passage of the skills test for an amendment of a driver's license which was not a commercial driver license to a CDL, the interim license shall not be valid for more than 10 days.]
(d) Issuance of a license after revocation. If an applicant for a license has had his or her driver license revoked, an application for a new license must be made to the central office of the Department, unless otherwise provided by law. Any fee or penalty required by statute must be paid before such application may be approved. Upon approval of such a license application the usual procedure for obtaining an original license shall apply [except that if] unless such applicant qualifies for waiver of knowledge and skills tests as provided in Part 8 of this Title [procedure for renewal of a license shall be followed].
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Section 3.4 is amended to read as follows:
Knowledge tests appropriate for the class of license or license endorsement shall be in written form and shall be available in both English and Spanish. However, a knowledge test may be given in other than written form if the agent of the commissioner in charge of administering knowledge tests in that office is satisfied that the applicant is incapable of undertaking and completing a written test. The alternative testing procedure shall be oral and, unless a time, conditions and procedures for the giving of such tests in another language acceptable to the agent may be established, the test shall be in English, except that alternative CDL knowledge tests shall only be given in English and Spanish; provided, however, that the knowledge test for the hazardous materials endorsement shall only be given in written form and in English.
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Paragraphs (1), (3), (4), (6) and (8) are amended and paragraphs (5) and (7) of section 3.5 are repealed.
(1) If a skills test is taken and passed in a tractor-trailer combination (GCWR more than 26,000 lbs., GVWR of trailer more than 10,000 lbs.) and the CDL general knowledge and combination vehicle tests are passed, a class A license will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. A class [C] non-commercial class license with a farm (F) endorsement will be issued if a CDL general knowledge test has not been passed [and an affidavit of farm operation is submitted].
(3) If a skills test is taken and passed in a truck-trailer combination (truck over 26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and the CDL general knowledge and combination vehicle tests have been passed, a class A license with truck trailer combination only (O) restriction will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A class C license with a farm (F) endorsement with a truck trailer combination only (O) restriction will be issued if a CDL general knowledge test has not been passed[ and an affidavit of farm operation is submitted]. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed [and no affidavit of farm operation is submitted].
(4) If a skills test is taken and passed in a truck-trailer combination (truck [18,001] up to 26,000 lbs. GVWR trailer over 10,000 lbs. GVWR) and the CDL general knowledge and combination vehicle test have been passed, a class A license with a truck-trailer combination only (truck cannot exceed 26,000 lbs. GVWR) (01) restriction will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A class C license with a farm (F) endorsement with a truck-trailer combination only (truck cannot exceed 26,000 lbs. GVWR) (01) restriction will be issued if a CDL general knowledge test has not been passed [and an affidavit of farm operation is submitted]. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed [and an affidavit of farm operation is not submitted].
(6) If a skills test is taken and passed in a truck with a GVWR over 26,000 lbs. and the CDL general knowledge test has been passed, a class B license will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed, an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle. A class C license with a farm (G) endorsement will be issued if a CDL general knowledge test has not been passed [and an affidavit of farm operation is not submitted]. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed [and an affidavit of farm operation is not submitted].
(8) If a skills test is taken and passed in a bus over 26,000 lbs. GVWR and the CDL general knowledge and passenger endorsement tests have been passed, a class B license with a passenger (P) endorsement will be issued. Unless the vehicle was equipped with air brakes and the CDL air brake knowledge test has been passed an air brake (L) restriction will be placed on the license. If a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle.
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Paragraph (a) of section 3.6 is amended and paragraph (e) of such section is repealed:
(a) An application for a commercial driver's license will not be accepted if the applicant is not a resident of this State. In addition, an application shall not be accepted unless the applicant presents acceptable proofs of United States citizenship or lawful permanent residency, as prescribed by the commissioner. For the purposes of this Part, the term "resident" shall mean domiciliary as defined in subdivision 5 of Section 250 of the Vehicle and Traffic Law.
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Subparagraph (iii) of paragraph (5) of section 3.7 is amended to read as follows:
(iii) that he or she is the holder of a valid "New York driver's license, and has successfully completed the 15-hour "Motorcycle Rider Course: Riding and Street Skills" developed by the Motorcycle Safety Foundation (MSF), or a compatible course approved by the Department.
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Final rule as compared with last published rule:
Nonsubstantive changes were made in section 3.3(a)(1).
Text of rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Rm. 526, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Revised Job Impact Statement
A revised Job Impact Statement is not requirement because the revision to the final rule is non substantive in nature and has no impact on job creation or development in the State.
