§ 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.
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 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 that is either permanently
or temporarily attached to the vehicle or the chassis. Such vehicles
include, but are not limited to, cargo and portable tanks, as defined in
49 CFR part 171. However, this definition does not include portable
tanks having a rated capacity under one thousand gallons.
7. Farm vehicle. A vehicle having a GVWR of not more than twenty-six
thousand pounds which is controlled and operated by a farmer, is used to
transport agricultural products, farm machinery, farm supplies or all of
the aforementioned to or from the farm and is not used in the operations
of a common or contract motor carrier and, such a vehicle having a GVWR
of more than twenty-six thousand pounds while being used within one
hundred fifty miles of the person's farm.
8. 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.