§ 214 — Exemptions

New York § 214

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 9-A: Hours of Labor of Operators of Motor Trucks and Motor Buses

Text

§ 214. Exemptions. a. The commissioner shall adopt rules and\nregulations establishing when the provisions of this article shall not\napply, which rules and regulations shall conform, as applicable, to\nparagraphs (b) through (r) of section 395.1 of title 49 of the code of\nfederal regulations as such regulations may be amended from time to\ntime.\n b. Notwithstanding the provisions of subdivision a of this section,\nthe provisions of this article shall not apply to the operation of a\nmotor truck in intrastate commerce owned by a farmer and operated by\nhimself or an employee when used in the hauling of farm, dairy, or\nhorticultural products and farm supplies for himself or his farm\nneighbors to market, creamery, or place of storage, nor to the operation\nof tow trucks in intrastate commerce while responding to requests to\nprovide roadside service or to remove wrecked, disabled, abandoned or\nillegally parked motor vehicles.\n c. The provisions of this article shall not apply nor shall hours of\nservice accrue to a driver of a utility service vehicle. For purposes of\nthis article, utility service vehicle means any motor truck:\n (1) Used in the furtherance of repairing, maintaining, or operating\nany structures or any other physical facilities necessary for the\ndelivery of public utility services, including the furnishing of\nelectric, gas or steam service, water, sanitary sewer, telephone, and\ntelevision cable or community antenna service;\n (2) While engaged in any activity necessarily related to the ultimate\ndelivery of such public utility services to consumers, including travel\nor movement to, from, upon, or between activity sites (including\noccasional travel or movement outside the service area necessitated by\nany utility emergency as determined by the utility provider); and\n (3) Except for any occasional emergency use, operated primarily within\nthe service area of a utility's subscribers or consumers, without regard\nto whether the vehicle is owned, leased, or rented by the utility.\n