NY Veh & Traf L § 501-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 19 - Licensing of Drivers 501-A - Definitions.

§ 501-a. Definitions.  The  following  terms when used in this article and in articles twenty and thirty-one of this chapter,  shall  have  the following meanings:   1. Commercial driver's license or CDL. A class A or B driver's license or  a  class  C  driver's  license which bears an H, P or X endorsement, which licenses contain the legend  commercial  driving  license  or  CDL thereon  and  which  is  issued  in accordance with the commercial motor vehicle safety act of 1986, public  law  99-570,  title  XII,  and  this article  which authorizes a person to operate a commercial motor vehicle and an  altered  motor  vehicle  commonly  referred  to  as  a  "stretch limousine"  having  a  seating  capacity  of  nine  or  more  passengers including the driver.   2. Gross vehicle weight rating  or  GVWR.  The  weight  of  a  vehicle consisting  of  the  unladen  weight  and  the maximum carrying capacity recommended  by  the  manufacturer  of  such  vehicle.  The  GVWR  of  a combination  of vehicles (commonly referred to as the "Gross Combination Weight Rating" or GCWR) is the GVWR of the power unit plus the  GVWR  of each vehicle in the combination.   3.  Hazardous  materials.  Any  material  that  has been designated as hazardous under 49 U.S.C. 5103 and is required  to  be  placarded  under subpart  F  of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.   4. Commercial motor vehicle. (a) A motor  vehicle  or  combination  of vehicles designed or used to transport passengers or property:  (i) which has a GVWR of more than twenty-six thousand pounds; or  (ii)  which  has  a  GCWR  of  more  than  twenty-six thousand pounds, including any towed unit with a GVWR of more than ten  thousand  pounds; or  (iii)  designed  or  used  to transport fifteen or more passengers, in addition to the driver; or  (iv) defined as a bus in  subdivision  one  of  section  five  hundred nine-a of this chapter; or  (v) of any size, other than a farm vehicle operated within one hundred fifty  miles  of  the  operator's  farm,  used  in the transportation of materials found by the United States secretary of transportation  to  be hazardous  under  the  hazardous  materials transportation act and which requires the motor vehicle transporting such materials to  be  placarded under  the hazardous materials regulation, 49 CFR part 172, subpart F or is transporting any quantity of a material listed as a select  agent  or toxin in 42 CFR part 73.  (b)  However,  a  commercial  motor  vehicle  shall not include: (i) a personal use vehicle or a covered farm vehicle or a combination of  such vehicles;  (ii)  any  motor  vehicle  or  combination  of motor vehicles operated by a member of the armed forces for military purposes; (iii)  a police  vehicle  or fire vehicle, or combination of such vehicles 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;  (iv)  a  vehicle  or  combination  of  vehicles  owned and identified as being owned  by  the  state  or  a  political  subdivision thereof or an ambulance service as defined in subdivision two of section three  thousand  one  of  the public health law or a voluntary ambulance service as defined in subdivision three of  such  section  and  used  to provide  emergency  medical service as defined in section three thousand 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;  or  (v)  a  vehicle  or  combination  of vehicles which is designed and primarily used for purposes other than  the  transportation of  persons  or  property and which is operated on a public highway only occasionally  for  the purpose of being transported to a construction or off-highway site at which its primary purpose is to be performed  except as   may  otherwise  be  specifically  provided  by  regulation  of  the commissioner. 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  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 paragraph, the term "emergency operation" shall include returning from emergency service.   5. Representative vehicle. The type of motor vehicle or combination of vehicles specified by regulation of the commissioner that  an  applicant for  a  driver's  license  must  operate  during a road test in order to receive a specific class of license or endorsement.   6. Tank vehicle. Any commercial motor vehicle  designed  to  transport any  liquid  or  gaseous  material  within  a  tank  or  tanks having an individual rated capacity of more than one hundred nineteen gallons  and an  aggregate  rated  capacity  of  one thousand gallons or more that is either permanently  or  temporarily  attached  to  the  vehicle  or  the chassis.  Such  term  shall  not  include  a  commercial  motor  vehicle transporting  an  empty  storage  container  tank,  not   designed   for transportation,  with  a  rated capacity of one thousand gallons or more that is temporarily attached to a flatbed trailer.   7. Personal use vehicle. A vehicle constructed or altered to  be  used for  recreational purposes which is exclusively used to transport family members  and/or  personal  possessions  of  such  family   members   for non-business  recreational  purposes  by the operator, or a rental truck which is exclusively used  to  transport  personal  possessions  of  the person who has rented the truck for non-business purposes.   8.  Covered  farm  vehicle.  (a)  A vehicle or combination of vehicles registered in this state, which (i)  displays  a  covered  farm  vehicle designation issued by the commissioner, (ii) is operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or  operator of a farm or ranch, (iii) is used to transport agricultural commodities, livestock, machinery or supplies  to  or  from  a  farm  or ranch,  (iv) is not used in for-hire motor carrier operations, exclusive of operation by a tenant pursuant to a crop share farm  lease  agreement to  transport  the landlord's portion of the crops under that agreement; and (v) is not used for the transportation of hazardous materials.  (b) A covered farm vehicle  with  a  gross  vehicle  weight  or  gross vehicle  weight  rating,  whichever  is greater, of more than twenty-six thousand pounds may only be operated within one hundred fifty air  miles of the farm or ranch.  (c) The commissioner shall, by regulation, designate an endorsement or endorsements  for  the  operation  of covered farm vehicles with a gross vehicle weight or gross vehicle weight rating of  more  than  twenty-six thousand  pounds.  Such endorsement or endorsements shall be required to operate such a covered farm  vehicle  or  combination  of  covered  farm vehicles.   The   identification   and  scope  of  such  endorsement  or endorsements shall, at a minimum,  include  a  distinction  between  the operation  of  a  covered  farm vehicle having a gross vehicle weight or  gross vehicle weight rating of more than twenty-six thousand pounds  and the  operation  of a combination of covered farm vehicles having a gross vehicle weight or gross vehicle weight rating of  more  than  twenty-six thousand pounds.  (d)  For the purposes of this subdivision, the gross vehicle weight of a vehicle shall mean the actual weight of the vehicle and the load.