S T A T E   O F   N E W   Y O R K
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                                  3042

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. REILICH -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  exceptions
  related  to  drivers'  licenses and learners' permits and removing the
  requirement that military, police or fire vehicles are being  used  in
  an emergency operation by holders with a lower class of license

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (i) of  paragraph  (d)  of  subdivision  2  of
section  501 of the vehicle and traffic law, as amended by chapter 36 of
the laws of 2009, is amended to read as follows:
  (i) Notwithstanding the foregoing provisions of  this  subdivision,  a
motor  vehicle or combination of vehicles, other than a motorcycle, that
is (A) a military vehicle operated by a member of the armed  forces,  or
(B)  a  police  vehicle  or fire vehicle [during its use in an emergency
operation as defined in section one hundred fourteen-b of this  chapter,
or  in  the performance of official duties, or activities related to the
execution of emergency governmental functions pursuant to section  383.3
(d)(2) of title 49 of the code of federal regulations], or (C) a vehicle
owned and identified as being owned by the state or a political subdivi-
sion  thereof  or  an ambulance service as defined in subdivision two of
section three thousand one of the public health law or a voluntary ambu-
lance service as defined in subdivision three of such section  and  used
to  provide  emergency medical service as defined in section three thou-
sand one of the public health law, or to  perform  official  duties,  or
activities  related to the execution of emergency governmental functions
pursuant to section 383.3 (d)(2) of title 49  of  the  code  of  federal
regulations,  may  be operated with any class license other than a class
DJ, M or MJ license. For the purposes of this paragraph the term "member
of the armed forces"  shall  include  active  duty  military  personnel;
members  of  the  reserve components of the armed forces; members of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01699-01-3
              

A. 3042                             2

national guard on active duty, including personnel on full  time  active
guard duty, personnel on part-time national guard training, and national
guard  military technicians (civilians who are required to wear military
uniforms); and active duty United States coast guard personnel. The term
shall not include United States reserve technicians. Notwithstanding the
provisions  of  section  one hundred fourteen-b of this chapter, for the
purposes of this subparagraph,  the  term  "emergency  operation"  shall
include returning from emergency service.
  S 2. This act shall take effect immediately.