Ties the duration a commercial learner's permit issued by the state is valid to the duration of validity in federal law for a commercial learner's permit.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10219
SPONSOR: Rules (Conrad) TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to the period
for which commercial learner's permits are valid
PURPOSE:
This bill will alleviate the shortage of commercial drivers by extending
the validity of a commercial learner's permit to one year as permitted
by federal law.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Vehicle and Traffic Law (VTL) §
503(1)(b) to eliminate the 180-day limit on the validity of a commercial
learner's permit and provide that such permits shall be valid for no
more than such time as allowed under federal law.
This act shall take effect one-hundred eighty days after it shall have
become a law.
EXISTING LAW:
VTL § 503(1)(b) currently provides that a commercial learner's permit
shall be valid for no more than one hundred eighty days. The federal
law, at 49 CFR §§ 383.25(c) and 383.73(a)(3), provides that commercial
learner's permits shall be valid for no more than one year from the date
of issuance.
LEGISLATIVE HISTORY:
None.
STATEMENT IN SUPPORT:
This proposal will alleviate concerns over a shortage of commercial
drivers. By extending the time that a commercial learner's permit is
valid to the longer one-year validity period currently permitted by
federal law, prospective truckers and other commercial drivers will face
fewer administrative hurdles to joining the commercial driving profes-
sion. Additionally, commercial drivers in training will be met with
reduced costs in that they will no longer need to renew a commercial
learner's permit after one hundred eighty days or apply for the full
commercial driver license (CDL) at that time.
POSSIBLE OBJECTIONS:
None known.
BUDGET IMPLICATIONS
None.
STATE OF NEW YORK
________________________________________________________________________
10219
IN ASSEMBLY
May 6, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Conrad) --
(at request of the Department of Motor Vehicles) -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the period
for which commercial learner's permits are valid
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 503 of the vehi-
2 cle and traffic law, as amended by section 3 of part I of chapter 58 of
3 the laws of 2015, is amended to read as follows:
4 (b) An application for a license shall be valid for a period of time
5 specified by regulation of the commissioner not to exceed five years. A
6 learner's permit shall be valid from its issuance until the expiration
7 of the application for a driver's license for which it was issued.
8 Provided, however, a commercial learner's permit shall be valid for no
9 more than [one hundred eighty days, except that such permit may be
10 renewed, in the commissioner's discretion, for an additional one hundred
11 eighty days] such time as permitted by section 31308 of title 49 of the
12 United States code and part 383.25 of title 49 of the code of federal
13 regulations. Provided, however, that a commercial learner's permit
14 issued by the commissioner in connection with an application for a
15 commercial driver's license shall be cancelled within sixty days of the
16 holder's medical certification status becoming "not-certified" based
17 upon: (i) the expiration of the holder's medical certification or
18 medical variance documentation required by the federal motor carrier
19 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
20 code of federal regulations; (ii) the holder's failure to submit such
21 medical certification or medical variance documentation at such inter-
22 vals as required by the federal motor carrier safety improvement act of
23 1999 and Part 383.71(h) of title 49 of the code of federal regulations
24 and in a manner prescribed by the commissioner; or (iii) the receipt by
25 the commissioner of information from the issuing medical examiner or the
26 federal motor carrier safety administration that a medical certification
27 or medical variance was issued in error or rescinded. The commissioner
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13607-03-2
A. 10219 2
1 shall, upon a holder's status becoming "not-certified", notify the hold-
2 er of such commercial learner's permit issued in connection with a
3 commercial driver's license application by first class mail to the
4 address of such person on file with the department or at the current
5 address provided by the United States postal service of his or her
6 "not-certified" medical certification status and that the commercial
7 motor vehicle privileges of such commercial learner's permit will be
8 cancelled unless he or she submits a current medical certificate and/or
9 medical variance in accordance with Part 383.71(h) of title 49 of the
10 code of federal regulations or changes his or her self-certification to
11 driving only in excepted or intrastate commerce in accordance with Part
12 383.71(b) (1) (ii), (iii) or (iv) of title 49 of the code of federal
13 regulations.
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.
