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Article 19B - NY Vehicle and Traffic Law
SPECIAL REQUIREMENTS FOR COMMERCIAL MOTOR CARRIERS
S 509-p. Definitions. As used in this article, the term:
1. "Commercial motor vehicle" shall mean a motor vehicle or
combination of vehicles having a gross combination weight rating of more
than ten thousand pounds used in commerce to transport property and it
shall include a tow truck with a gross vehicle weight rating of at least
eighty-six hundred pounds.
2. "Gross vehicle weight rating" or "GVWR" shall mean 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. "Commercial driver" shall mean every person who is self-employed or
employed by a commercial motor carrier and who drives a commercial motor
vehicle for hire or profit.
4. "Commercial motor carrier" shall mean any person, corporation, or
entity, who directs one or more commercial motor vehicles and who
operates a commercial motor vehicle wholly within or partly within and
partly without this state in connection with the operation or
administration of any business.
S 509-q. Application for employment. A commercial driver not subject
to the provisions of article nineteen-A of this chapter or to the
provisions of section fourteen-f of the transportation law and hired on
and after the effective date of this article shall not operate a
commercial motor vehicle unless such driver has furnished the commercial
motor carrier that employs the driver with a completed application for
employment. Every commercial motor carrier shall prepare an application
for employment which shall comply with rules and regulations of the
commissioner of transportation.
S 509-r. Investigations and inquiries. Every commercial motor carrier
shall make an investigation and inquiry of each commercial driver it
hires on and after the effective date of this article in accordance with
rules and regulations of the commissioner of transportation.
S 509-s. Annual review of driving record. Each commercial motor
carrier shall, at least once every twelve months, review the driving
record of each commercial driver it employs to determine whether such
driver meets minimum requirements for safe driving or is to be
disqualified to drive a commercial motor vehicle in accordance with this
chapter or with rules and regulations of the commissioner of
S 509-t. Record of violations. Each commercial motor carrier shall, at
least every twelve months, require each commercial driver it employs to
prepare and furnish it with a record of all violations of motor vehicle
traffic laws and ordinances (other than violations involving only
parking) of which such driver has been convicted or on account of which
the commercial driver has forfeited bond or collateral during the
preceding twelve months in accordance with rules and regulations of the
commissioner of transportation.
S 509-u. Commercial driver qualification files. Each commercial motor
carrier shall maintain a commercial driver qualification file for each
commercial driver it employs in accordance with rules and regulations of
the commissioner of transportation; provided, however, that such a file
need not include a medical examiner certificate of a commercial driver's
physical qualification to drive a commercial motor vehicle.
S 509-v. Investigation of motor carrier files. The commissioner and
the commissioner of transportation shall have the authority to examine
or investigate the operation of commercial motor carriers and their
compliance with rules and regulations promulgated pursuant to this
article and article six of the transportation law.
S 509-w. Penalties. Upon conviction for a violation of any provision
of this article or the rules and regulations of the commissioner of
transportation promulgated pursuant thereto, the court shall impose a
sentence consisting of a fine of not less than two hundred fifty dollars
nor more than one thousand dollars.
S 509-x. Exemptions. The commissioner of transportation shall have the
authority, pursuant to rules and regulations, to exempt certain
commercial motor carriers or commercial drivers from the provisions of
this article in accordance with federal rules and regulations.
S 509-y. Rules and regulations. The commissioner of transportation, in
consultation with the commissioner, is hereby authorized to adopt rules
and regulations to implement the provisions of this article which shall
be no less protective of public safety than the rules and regulations
promulgated by the federal government with respect to the qualifications
and disqualifications of drivers.
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