N.Y. Comp. Codes R. & Regs. tit. 17 § 820.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 820.3 - Qualifications of drivers

(a) The Commissioner of Transportation adopts part 391 of title 49 of the Code of Federal Regulations (CFR) with the same force and effect as though herein fully set forth at length with respect to drivers of commercial motor vehicles, as herein defined operating in interstate or foreign commerce.

(b) The Commissioner of Transportation adopts 49 CFR part 391 with the same force and effect as though herein fully set forth at length with respect to drivers operating solely in intrastate commerce operating motor vehicles:

(1) designed or used to transport 16 or more passengers, including the driver; or

(2) used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under regulations prescribed by the secretary under title 49 CFR, subtitle B, chapter I, subchapter C.

(c) The Commissioner of Transportation adopts part 391 of title 49 CFR with the same force and effect as though herein fully set forth at length with respect to drivers operating solely in intrastate commerce operating commercial motor vehicles other than those described in paragraphs (b)(1) and (2) of this section and received their initial commercial driver's license pursuant to Vehicle and Traffic Law section 501-a on or after September 9, 1999.

(d) The Commissioner of Transportation adopts 49 CFR part 391 with the same force and effect as though herein fully set forth at length with respect to drivers operating solely in intrastate commerce operating commercial motor vehicles other than those described in paragraphs (b)(1) and (2) of this section and received their initial commercial driver's license pursuant to Vehicle and Traffic Law section 501-a before September 9, 1999, except as so much of 49 CFR sections 391.41 and 391.45 require a driver to be medically examined and to have a medical certificate on his/her person shall not apply.

(e) The Commissioner of Transportation adopts 49 CFR part 391 with the same force and effect as though herein fully set forth at length with respect to drivers operating solely in intrastate commerce operating commercial motor vehicles other than those described in paragraphs (b)(1), (2) and subdivision (c) of this section and received their initial driver's license on or after January 1, 2004.

(f) The Commissioner of Transportation adopts 49 CFR part 391 with the same force and effect as though herein fully set forth at length with respect to drivers operating solely in intrastate commerce operating commercial motor vehicles other than those described in paragraphs (b)(1), (2) and subdivision (c) of this section and received their initial driver's license before January 1, 2004, except as so much of sections 391.41 and 391.45 requires a driver to be medically examined and to have a medical certificate on his/her person shall not apply.

(g) A limited age exception of 49 CFR section 391.11(b)(1) is granted to drivers operating solely in intrastate commerce operating a commercial motor vehicle requiring a Class B commercial drivers license pursuant to Vehicle and Traffic Law section 501-a and drivers operating commercial motor vehicles as described in subdivision (e) of this section may operate such vehicles at the age of 18.

(h) Any additional qualifications of drivers involved solely in intrastate commerce are set forth in the Vehicle and Traffic Law of the State of New York and the regulations of the Commissioner of Motor Vehicles promulgated pursuant thereto. Any violation of such law or regulations shall be deemed a violation of this Part, for enforcement purposes.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 820.3

Adopted New York State Register June 24, 2015/Volume XXXVII, Issue 25, eff. 7/1/2015