PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 3.2 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a) and 501-a(8)
Subject:
Drivers License Endorsements.
Purpose:
To conform regulation with federal and state laws for the covered farm vehicles and the P license endorsement.
Text of proposed rule:
Paragraph (1) of subdivision (b) of section 3.2 is amended to read as follows:
(1) Statutory endorsements. The endorsements established in statute are T, N, P, X, H, S, W, covered farm vehicle, and personal use vehicle endorsements. A covered farm vehicle endorsement or a personal use vehicle endorsement shall only be added to a license which is not a CDL. T, N, P, X, S or H endorsement shall only be added to a CDL. A W endorsement may be added to a CDL license or to a license that is not a CDL.
Subparagraphs (i) and (ii) of paragraph (1), of subdivision (b) of section 3.2 are amended to read as follows:
(i) CDL endorsements. A P endorsement which is needed to operate a bus or any motor vehicle with a gross vehicle weight or gross vehicle weight rating of more than 26,000 pounds which is designed to transport passengers in commerce requires passage of both a special knowledge test and a skills test in a representative vehicle. An S endorsement which is needed to operate a school bus requires passage of both a special knowledge test and a skills test in a representative vehicle. The holder of an S endorsement must also hold a P endorsement. T, N, H, W or X endorsements which are needed to operate the following vehicles or combinations require only the passage of a knowledge test for each endorsement by the licensee:
(ii) Covered Farm Vehicle endorsement. There are [three] two types of covered farm vehicle endorsements F[,] and G [and Z]. The F endorsement is required on a non-CDL for operation of covered farm vehicles and covered farm vehicle combinations over 26,000 lbs. The G endorsement is required on a non-CDL for operation of single covered 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 covered farm vehicle endorsements are limited to operation of the covered farm vehicle or combinations within 150 air miles of the farm or ranch. Beyond that distance, an appropriate class CDL is required. Covered [Farm] farm vehicle endorsements shall be issued for appropriate class licenses upon passage of an appropriate non-CDL knowledge test and skills test in a representative 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].
Paragraphs 3, 4 and 6 of subdivision (a) of section 3.5 are amended to read as follows:
(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 non-commercial class [C] license with a covered farm (F) vehicle endorsement with a truck trailer combination only (O) restriction will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed.
(4) If a skills test is taken and passed in a truck-trailer combination (truck 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 non-commercial class [C] license with a covered farm (F) vehicle 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 non-commercial class [C] license with a covered farm (G) vehicle endorsement will be issued if a CDL general knowledge test has not been passed. A class C license with a personal use vehicle (R) endorsement will be issued if a CDL general knowledge test has not been passed.
Text of proposed rule and any required statements and analyses may be obtained from:
Heidi Bazicki, Department of Motor Vehicles, 6 Empire State Plaza, Room 522A, Albany, NY 12228, (518) 474-0871, email: heidi.bazicki@dmv.ny.gov
Data, views or arguments may be submitted to:
Ida L. Traschen, Department of Motor Vehicle, 6 Empire State Plaza, Room 522A, Albany, NY 12228, (518) 474-0871, email: ida.traschen@dmv.ny.gov
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
Chapter 58 of the Laws of 2016, effective July 1, 2016, amend section 501-a of the Vehicle and Traffic Law (VTL) to provide for the issuance of a covered farm vehicle (CFV) designation by the Department of Motor Vehicles. The amendments to Part 3.2 of the Commissioner’s Regulations simply conform to the amendments set forth in Chapter 58. The amendments to the VTL were required by amendments to federal regulations regarding covered farm vehicles, specifically 49 CFR 383.3, 49 CFR 390.5, 49 CFR 390.39, 49 CFR 391.3, 49 CFR 395.1 and 49 CFR 396.1. Failure to amend the VTL and Part 3.2 of the Commissioner’s regulations would jeopardize federal funding for the State’s Motor Carrier Safety Assistance Program.
A CFV is a motor vehicle registered in this state which displays a CFV designation, is operated by the owner or operator of a farm or ranch, or its employees or family members, and is used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch, and is not used for for-hire operation or for the transportation of hazardous materials. The CFV designation, which must be kept in the CFV, provides that the person operating such CFV is exempt from holding a CDL and is also exempt from federal requirements related to medical certification, hours of service, drug testing and inspection/maintenance requirements. Such person is limited to operating within 150 air miles from the farm or ranch.
The person operating a CFV which weighs more than 26,000 pounds must have an F or G endorsement on such person’s license, indicating that he or she has passed the appropriate knowledge and skills test, specifically that such person has passed a skills test in a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. These amendments will not affect persons who are currently exempt from holding a CDL and who have an F or G endorsement. Such persons may retain their F or G endorsement on their non-CDL but they must keep a copy of the CFV designation in their vehicle or vehicle(s) in order to maintain the exemption.
Under the amendments to the federal and state law, a person transporting hazardous materials may not operate a CFV. Such persons must obtain a CDL. Therefore, the Z endorsement is eliminated.
The DMV will issue the CFV designation at no cost to eligible licensees.
The proposed rule also omits references to the affidavit of farm operation, which is obsolete.
Finally, Chapter 58 amended Section 501(2)(b)(iv) of the VTL to provide that a CDL holder must have a P endorsement if such holder operates any motor vehicle with a GVWR of more than 26,000 pounds which is designed to transport passengers in commerce. This regulation makes technical changes to conform to the statutory amendment.
Since these regulations merely conform the Commissioner’s Regulations to federal and State requirements, a consensus rulemaking is appropriate.
Job Impact Statement
A JIS is not submitted because this rule will have no adverse impact on job creation or job development in New York State.
