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Article 19B - NY Vehicle and Traffic Law

SPECIAL REQUIREMENTS FOR COMMERCIAL MOTOR CARRIERS

Section Description
509-pDefinitions.
509-qApplication for employment.
509-rInvestigations and inquiries.
509-sAnnual review of driving record.
509-tRecord of violations.
509-uCommercial driver qualification files.
509-vInvestigation of motor carrier files.
509-wPenalties.
509-xExemptions.
509-yRules and regulations.
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
  transportation.

   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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Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
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