2023 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.