§ 501-A — Definitions

§ 501-a. Definitions. The following terms when used in this article\nand in articles twenty and thirty-one of this chapter, shall have the\nfollowing meanings:\n 1. Commercial driver's license or CDL. A class A or B driver's license\nor a class C driver's license which bears an H, P or X endorsement,\nwhich licenses contain the legend commercial driving license or CDL\nthereon and which is issued in accordance with the commercial motor\nvehicle safety act of 1986, public law 99-570, title XII, and this\narticle which authorizes a person to operate a commercial motor vehicle\nand an altered motor vehicle commonly referred to as a "stretch\nlimousine" having a seating capacity of nine or more passengers\nincluding the driver.\n 2. Gross vehicle weight rating or GVWR. The weight of a vehicle\nconsisting of the unladen weight and the maximum carrying capacity\nrecommended by the manufacturer of such vehicle. The GVWR of a\ncombination of vehicles (commonly referred to as the "Gross Combination\nWeight Rating" or GCWR) is the GVWR of the power unit plus the GVWR of\neach vehicle in the combination.\n 3. Hazardous materials. Any material that has been designated as\nhazardous under 49 U.S.C. 5103 and is required to be placarded under\nsubpart F of 49 CFR part 172 or any quantity of a material listed as a\nselect agent or toxin in 42 CFR part 73.\n 4. Commercial motor vehicle. (a) A motor vehicle or combination of\nvehicles designed or used to transport passengers or property:\n (i) which has a GVWR of more than twenty-six thousand pounds; or\n (ii) which has a GCWR of more than twenty-six thousand pounds,\nincluding any towed unit with a GVWR of more than ten thousand pounds;\nor\n (iii) designed or used to transport fifteen or more passengers, in\naddition to the driver; or\n (iv) defined as a bus in subdivision one of section five hundred\nnine-a of this chapter; or\n (v) of any size, other than a farm vehicle operated within one hundred\nfifty miles of the operator's farm, used in the transportation of\nmaterials found by the United States secretary of transportation to be\nhazardous under the hazardous materials transportation act and which\nrequires the motor vehicle transporting such materials to be placarded\nunder the hazardous materials regulation, 49 CFR part 172, subpart F or\nis transporting any quantity of a material listed as a select agent or\ntoxin in 42 CFR part 73.\n (b) However, a commercial motor vehicle shall not include: (i) a\npersonal use vehicle or a covered farm vehicle or a combination of such\nvehicles; (ii) any motor vehicle or combination of motor vehicles\noperated by a member of the armed forces for military purposes; (iii) a\npolice vehicle or fire vehicle, or combination of such vehicles during\nits use in an emergency operation as defined in section one hundred\nfourteen-b of this chapter, or in the performance of official duties, or\nactivities related to the execution of emergency governmental functions\npursuant to section 383.3 (d)(2) of title 49 of the code of federal\nregulations; (iv) a vehicle or combination of vehicles owned and\nidentified as being owned by the state or a political subdivision\nthereof or an ambulance service as defined in subdivision two of section\nthree thousand one of the public health law or a voluntary ambulance\nservice as defined in subdivision three of such section and used to\nprovide emergency medical service as defined in section three thousand\none of the public health law, or to perform official duties, or\nactivities related to the execution of emergency governmental functions\npursuant to section 383.3 (d)(2) of title 49 of the code of federal\nregulations; or (v) a vehicle or combination of vehicles which is\ndesigned and primarily used for purposes other than the transportation\nof persons or property and which is operated on a public highway only\noccasionally for the purpose of being transported to a construction or\noff-highway site at which its primary purpose is to be performed except\nas may otherwise be specifically provided by regulation of the\ncommissioner. For the purposes of this paragraph, the term "member of\nthe armed forces" shall include active duty military personnel; members\nof the reserve components of the armed forces; members of the national\nguard on active duty, including personnel on full time active guard\nduty, personnel on part-time national guard training, and national guard\nmilitary technicians (civilians who are required to wear military\nuniforms); and active duty United States coast guard personnel. The term\nshall not include United States reserve technicians. Notwithstanding the\nprovisions of section one hundred fourteen-b of this chapter, for the\npurposes of this paragraph, the term "emergency operation" shall include\nreturning from emergency service.\n 5. Representative vehicle. The type of motor vehicle or combination of\nvehicles specified by regulation of the commissioner that an applicant\nfor a driver's license must operate during a road test in order to\nreceive a specific class of license or endorsement.\n 6. Tank vehicle. Any commercial motor vehicle designed to transport\nany liquid or gaseous material within a tank or tanks having an\nindividual rated capacity of more than one hundred nineteen gallons and\nan aggregate rated capacity of one thousand gallons or more that is\neither permanently or temporarily attached to the vehicle or the\nchassis. Such term shall not include a commercial motor vehicle\ntransporting an empty storage container tank, not designed for\ntransportation, with a rated capacity of one thousand gallons or more\nthat is temporarily attached to a flatbed trailer.\n 7. Personal use vehicle. A vehicle constructed or altered to be used\nfor recreational purposes which is exclusively used to transport family\nmembers and/or personal possessions of such family members for\nnon-business recreational purposes by the operator, or a rental truck\nwhich is exclusively used to transport personal possessions of the\nperson who has rented the truck for non-business purposes.\n 8. Covered farm vehicle. (a) A vehicle or combination of vehicles\nregistered in this state, which (i) displays a covered farm vehicle\ndesignation issued by the commissioner, (ii) is operated by the owner or\noperator of a farm or ranch, or an employee or family member of an owner\nor operator of a farm or ranch, (iii) is used to transport agricultural\ncommodities, livestock, machinery or supplies to or from a farm or\nranch, (iv) is not used in for-hire motor carrier operations, exclusive\nof operation by a tenant pursuant to a crop share farm lease agreement\nto transport the landlord's portion of the crops under that agreement;\nand (v) is not used for the transportation of hazardous materials.\n (b) A covered farm vehicle with a gross vehicle weight or gross\nvehicle weight rating, whichever is greater, of more than twenty-six\nthousand pounds may only be operated within one hundred fifty air miles\nof the farm or ranch.\n (c) The commissioner shall, by regulation, designate an endorsement or\nendorsements for the operation of covered farm vehicles with a gross\nvehicle weight or gross vehicle weight rating of more than twenty-six\nthousand pounds. Such endorsement or endorsements shall be required to\noperate such a covered farm vehicle or combination of covered farm\nvehicles. The identification and scope of such endorsement or\nendorsements shall, at a minimum, include a distinction between the\noperation of a covered farm vehicle having a gross vehicle weight or\ngross vehicle weight rating of more than twenty-six thousand pounds and\nthe operation of a combination of covered farm vehicles having a gross\nvehicle weight or gross vehicle weight rating of more than twenty-six\nthousand pounds.\n (d) For the purposes of this subdivision, the gross vehicle weight of\na vehicle shall mean the actual weight of the vehicle and the load.\n