Home » 2015 Issues » June 24, 2015 » TRN-11-15-00015-A Safe Operation of Commercial Motor Vehicles by Motor Carriers and Drivers
TRN-11-15-00015-A Safe Operation of Commercial Motor Vehicles by Motor Carriers and Drivers
6/24/15 N.Y. St. Reg. TRN-11-15-00015-A
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 25
June 24, 2015
RULE MAKING ACTIVITIES
DEPARTMENT OF TRANSPORTATION
NOTICE OF ADOPTION
I.D No. TRN-11-15-00015-A
Filing No. 486
Filing Date. Jun. 09, 2015
Effective Date. Jun. 24, 2015
Safe Operation of Commercial Motor Vehicles by Motor Carriers and Drivers
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of sections 820.0 through 820.13; and addition of new sections 820.0 through 820.12 to Title 17 NYCRR.
Statutory authority:
Transportation Law, sections 14(18), 14-f(1), 138, 140(2) and art. 9-A; Vehicle and Traffic Law, sections 509-x, 509-y and art. 19-B
Subject:
Safe operation of commercial motor vehicles by motor carriers and drivers.
Purpose:
To update applicable regulations in 17 NYCRR Part 820, originally added 12/12/2004.
Substance of final rule:
17 NYCRR Part 820 contains requirements applicable to commercial motor carriers and drivers operating in New York State. The regulations provide notice of federal motor carrier regulations incorporated by reference. The incorporated federal regulations are 49 CFR Part 390 relating to general applicability and definitions (section 820.1; see full text for language excepting section 820.2 from the definition of commercial motor vehicle in 820.1(c)), 49 CFR Parts 382 and 383 relating to license standards and drug/alcohol testing (section 820.2), 49 CFR Part 391 relating to driver qualifications (section 820.3), 49 CFR Part 392 relating to operation of commercial motor vehicles (section 820.4), 49 CFR Part 393 relating to parts and accessories necessary for safe operation (section 820.5), 49 CFR Part 395 relating to hours of service for drivers of commercial motor vehicles (section 820.6), 49 CFR Part 396 relating to repair and maintenance of commercial motor vehicles (section 820.7), and various sections and parts of 49 CFR (see text at URL https://www.dot.ny.gov/divisions/operating/osss/truck/regulations for full listing) relating to transportation of hazardous materials (section 820.8).
Existing regulations on farm plate vehicle safety requirements (section 820.9) are repealed. The regulation on the investigation of motor carrier files (formerly section 820.10 and renumbered to section 820.9) is amended to add cross-references to New York State Vehicle & Traffic Law Article 19-A and Transportation Law Article 9-B. The regulation on exemptions (formerly section 820.12 and renumbered to section 820.11) is amended to reflect amendments to Transportation Law section 214. The regulation on the inspection of motor vehicles in operation (formerly section 820.13 and renumbered to section 820.12) is amended to reflect a generic reference to forms that will be used. The regulation on incorporation by reference (formerly section 820.14 and renumbered to section 820.13) is amended to reflect the new section number.
The repeal of section 820.9 and other references to vehicles that are exempt from the regulations were necessitated by amendments to Transportation Law section 214 with which the amended regulations are to be made consistent.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 820.1(c).
Text of rule and any required statements and analyses may be obtained from:
David E. Winans, Associate Counsel, New York State Department of Transportation, 50 Wolf Road, 6th Floor, Albany, NY 12232, (518) 457-2411, email: david.winans@dot.ny.gov
Revised Job Impact Statement
Changes made to the last published rule do not necessitate revision of the previously published JIS. A few words of text have been added to section 820.1(c), which defines commercial motor vehicle for the purposes of Part 820, in order to clarify that section 820.2 is excepted from said definition, otherwise applicable to the other sections in this part.
