Bill S2245-2013

Authorizes the operation of farm vehicles within the state with a class D driver's license; repealer

Authorizes the operation of farm vehicles within the state with a class D driver's license; eliminates the requirement for a farm endorsement to operate a farm vehicle; expands definition of "farm vehicle" to include a combination of vehicles with a gross vehicle weight rating of 26,000 pounds or less.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 15, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S2245

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to authorizing the operation of any farm vehicle within the state by a person with a class D driver's license; and to repeal subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of such law relating to farm endorsements

PURPOSE OR GENERAL IDEA OF BILL: This bill would allow farmers to drive truck/trailer combinations of up to 26,000 pounds statewide with a class D drivers' license. Farmers would be limited to transporting agriculture products, farm machinery, farm supplies or all of the aforementioned. Hazardous waste transportation would be excluded.

SUMMARY OF PROVISIONS: Bill section 1 amends vehicle and traffic law subparagraph (iv) of paragraph (a) of subdivision 2 of section 501 to require that:

-class D license shall be valid to operate any passenger or limited use automobile or any truck with a GVWR of not more than 26,000 pounds of any such vehicle towing a vehicle with a GVWR of not more than 10,000 pounds, or any such vehicle towing another vehicle with a GVWR of more than 10,000 pounds provided such combination of vehicles has a GVWR of not more than 26,000 pounds.

-subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of vehicle and traffic law is repealed.

-subdivision 7 of section 501-a of vehicle and traffic law is amended to read as follows:

7. Farm vehicle - a vehicle or any combination of vehicles having a GVWR of not more than 26,000 pounds which is controlled and operated by a farmer, is used to transport agricultural products, farm machinery, farm supplies or all of the aforementioned to or from the farm and is not used in the operation of a common or contract motor carrier and such vehicle or vehicles are operated within this state.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Under current law, farmers are allowed to move 26,000 pound truck/trailer combinations only up to a 150 mile radius of the person's farm with a class D license. Under this bill a farmer would have the ability to travel statewide with a class D license and a 26,000 pound truck/trailer combination.

JUSTIFICATION: In many cases farmers need to be allowed statewide transportation of agricultural products to meet the changing marketplace. Upstate farmers are being asked to market their products to the New York City area. In addition, farmers may show livestock or animals in another geographic area of the state from where their farms are located. The present class D driver's license, 26,000 pound, 150 mile requirement from a farm is outdated and adds a notable constraint to a farmers' ability to successfully conduct his or her business.

PRIOR LEGISLATIVE HISTORY: 2011,2012: S.834 Referred to Transportation 2009,2010: S.2477 Referred to Transportation 2008: S.7567/A.10636 Committed to Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on January 1 following its enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 2245 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
Introduced by Sen. YOUNG -- 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 authorizing the operation of any farm vehicle within the state by a person with a class D driver's license; and to repeal subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of such law relating to farm endorsements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (iv) of paragraph (a) of subdivision 2 of section 501 of the vehicle and traffic law, as amended by chapter 339 of the laws of 2005, is amended to read as follows: (iv) Class D. (A) Such license shall be valid to operate any passenger or limited use automobile or any truck with a GVWR of not more than twenty-six thousand pounds or any such vehicle towing a vehicle with a GVWR of not more than ten thousand pounds, or any such vehicle towing another vehicle with a GVWR of more than ten thousand pounds provided such combination of vehicles has a GCWR of not more than twenty-six thousand pounds, or any personal use vehicle with a GVWR of not more than twenty-six thousand pounds or any such vehicle towing a vehicle with a GVWR of not more than ten thousand pounds, except it shall not be valid to operate a tractor, a motorcycle other than a class B or C limited use motorcycle, a vehicle used to transport passengers for hire or for which a hazardous materials endorsement is required, or a vehicle defined as a bus in subdivision one of section five hundred nine-a of this title. (B) NOTWITHSTANDING ANY RESTRICTION ON THE OPERATION OF VEHICLES INCLUDED IN CLAUSE (A) OF THIS SUBPARAGRAPH, SUCH LICENSE SHALL BE VALID TO OPERATE ANY FARM VEHICLE ANYWHERE WITHIN THIS STATE. S 2. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 501 of the vehicle and traffic law is REPEALED.
S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as added by chapter 173 of the laws of 1990, is amended to read as follows: 7. Farm vehicle. A vehicle OR ANY COMBINATION OF VEHICLES having a GVWR of not more than twenty-six thousand pounds which is controlled and operated by a farmer, is used to transport agricultural products, farm machinery, farm supplies or all of the aforementioned to or from the farm and is not used in the operations of a common or contract motor carrier and[, such a vehicle having a GVWR of more than twenty-six thou- sand pounds while being used within one hundred fifty miles of the person's farm] SUCH VEHICLE OR VEHICLES ARE OPERATED WITHIN THIS STATE. S 4. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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