S T A T E   O F   N E W   Y O R K
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                                  9309

                          I N  A S S E M B L Y

                            February 15, 2012
                               ___________

Introduced by M. of A. KELLNER, LUPARDO -- 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:
  (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;

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

A. 9309                             2

  (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.