S T A T E   O F   N E W   Y O R K
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                                  6920

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  creating  a
  waiver for intrastate operation for deaf persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 502 of the vehicle and traffic law  is  amended  by
adding a new subdivision 1-a to read as follows:
  1-A.  WAIVER  FOR  INTRASTATE OPERATION. (A) NOTWITHSTANDING ANY OTHER
SUBDIVISION OF THIS SECTION, A DRIVER WHO IS CURRENTLY THE HOLDER  OF  A
VALID  COMMERCIAL DRIVER'S LICENSE OR PERMIT AND WHO OPERATES INTRASTATE
EXCLUSIVELY IN A COMMERCIAL MOTOR VEHICLE REQUIRING A  COMMERCIAL  DRIV-
ER'S  LICENSE  TO OPERATE, WHO HAS OTHERWISE MET THE REQUIREMENTS AS SET
FORTH IN PUBLIC LAW 99-570, TITLE XII, AND  TITLE  49  OF  THE  CODE  OF
FEDERAL  REGULATIONS,  AND  ALL  REGULATIONS  PROMULGATED  BY THE UNITED
STATES SECRETARY OF TRANSPORTATION UNDER THE HAZARDOUS MATERIALS  TRANS-
PORTATION  ACT,  MAY,  UPON  RENEWAL OF SUCH LICENSE, OBTAIN A PERMANENT
WAIVER FOR THE HEARING REQUIREMENT OF THE PHYSICAL  EXAMINATION  AS  SET
FORTH  IN  49  CFR  391.41(B)(11) WHICH SHALL EXEMPT THE DRIVER FROM THE
HEARING REQUIREMENT OF SUCH PHYSICAL EXAMINATION WHILE THE DRIVER  IS  A
HOLDER  OF  A  VALID COMMERCIAL DRIVER'S LICENSE OR PERMIT.  PERSONS WHO
RECEIVE SUCH WAIVER SHALL ALSO  BE  ELIGIBLE  FOR  AN  "S"  ENDORSEMENT.
PERSONS  WHO  HAVE  RECEIVED SUCH WAIVER SHALL NOT BE REQUIRED TO WEAR A
HEARING AID PROVIDED, HOWEVER,  SUCH  PERSON'S  DRIVER'S  LICENSE  SHALL
CLEARLY  INDICATE  THAT SUCH PERSON HAS RECEIVED SUCH WAIVER IN A MANNER
TO BE SET FORTH BY THE COMMISSIONER.
  (B) SUCH WAIVER SHALL BE OF SUCH DESIGN AND TYPE AS  THE  COMMISSIONER
AND  THE NEW YORK STATE INTERAGENCY COORDINATING COUNCIL FOR SERVICES TO
PERSONS WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING SHALL  DEEM  TO  BE
SUITABLE AND APPROPRIATE FOR THE PURPOSES THEREOF AND SHALL BE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06841-02-1

              

A. 6920                             2

  (I)  VALID  WHILE THE DRIVER IS THE HOLDER OF A VALID COMMERCIAL DRIV-
ER'S LICENSE OR PERMIT;
  (II) KEPT ON FILE WITH THE DEPARTMENT;
  (III)  KEPT BY AND MADE READILY AVAILABLE BY THE HOLDER OF THE COMMER-
CIAL DRIVER'S LICENSE; AND
  (IV) KEPT ON FILE BY THE MOTOR CARRIER EMPLOYING THE DRIVER.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law provided, however, effective immediately, the
addition, amendment and/or repeal of any rules or regulations  necessary
for  the  implementation  of the foregoing provisions of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.