S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6295--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO, BRONSON, ABBATE, BUTTENSCHON, CRUZ,
   EPSTEIN, SIMON,  TAYLOR,  PALMESANO,  DeSTEFANO,  MIKULIN,  McDONOUGH,
   SALKA,  SCHMITT, WALCZYK, FAHY, GALLAHAN, LAWLER -- Multi-Sponsored by
   -- M. of A.  BARCLAY, BLANKENBUSH, THIELE -- read once and referred to
   the Committee on Transportation -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the vehicle and traffic law and the transportation  law,
   in  relation to establishing a commercial driver's license (CDL) class
   A young adult training program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 2 of section 502 of
 the vehicle and traffic law, as amended by chapter 520 of  the  laws  of
 1991, are amended to read as follows:
   (a)  An applicant for a [class A license or for a] commercial driver's
 license which contains an H or an X endorsement or which  is  valid  for
 operation  in  interstate commerce shall be at least twenty-one years of
 age.
   (b) Except as provided in paragraph (a) of this subdivision an  appli-
 cant  for  a class A, B, C or E license shall be at least eighteen years
 of age.
   § 2. Subdivision 5 of section 502 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D)  THE  COMMISSIONER  SHALL  NOT ISSUE A CLASS A COMMERCIAL DRIVER'S
 LICENSE TO A PERSON WHO  IS  EIGHTEEN,  NINETEEN  OR  TWENTY  YEARS  OLD
 UNLESS,  IN  ADDITION  TO  MEETING THE REQUIREMENTS OF THIS CHAPTER WITH
 RESPECT TO THE ISSUANCE OF COMMERCIAL  DRIVER'S  LICENSES,  SUCH  PERSON
 SUBMITS  ACCEPTABLE  PROOF  OF  SUCCESSFUL  COMPLETION OF THE COMMERCIAL
 DRIVER'S LICENSE (CDL) CLASS A YOUNG ADULT TRAINING PROGRAM  ESTABLISHED
 BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SUBDIVISION THIRTY-SIX
 OF  SECTION  FOURTEEN OF THE TRANSPORTATION LAW, AND PROOF OF COMPLETION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10374-04-1

 A. 6295--A                          2
 
 OF THE MINIMUM HOURS OF SUPERVISED DRIVING REQUIRED BY SUCH SUBDIVISION.
 THE COMMISSIONER SHALL PLACE AN "INTRASTATE  ONLY"  RESTRICTION  ON  ANY
 CLASS  A COMMERCIAL DRIVER'S LICENSE ISSUED TO A PERSON WHO IS EIGHTEEN,
 NINETEEN  OR  TWENTY  YEARS  OLD AND SUCH RESTRICTION SHALL REMAIN UNTIL
 SUCH PERSON TURNS TWENTY-ONE YEARS OF AGE.
   § 3. Section 14 of the transportation law is amended by adding  a  new
 subdivision 36 to read as follows:
   36.  (A) TO PROMULGATE, IN CONSULTATION WITH THE COMMISSIONER OF MOTOR
 VEHICLES, RULES AND REGULATIONS TO ESTABLISH AND IMPLEMENT A  COMMERCIAL
 DRIVER'S  LICENSE (CDL) CLASS A YOUNG ADULT TRAINING PROGRAM FOR CLASS A
 COMMERCIAL DRIVER'S LICENSE APPLICANTS WHO  ARE  EIGHTEEN,  NINETEEN  OR
 TWENTY YEARS OLD.
   (B)  SUCH  RULES AND REGULATIONS SHALL BE NO LESS PROTECTIVE OF PUBLIC
 SAFETY THAN THE RULES AND REGULATIONS PROMULGATED BY THE  FEDERAL  MOTOR
 CARRIER SAFETY ADMINISTRATION WITH RESPECT TO THE TRAINING OF ENTRY-LEV-
 EL COMMERCIAL MOTOR VEHICLE OPERATORS. SUCH RULES AND REGULATIONS SHALL:
   (I) SET FORTH THE REQUIREMENTS OF, AND CRITERIA TO BE INCLUDED IN, THE
 TRAINING  PROGRAM  WHICH  SHALL  BE  NO LESS THAN THE ENTRY-LEVEL DRIVER
 TRAINING REQUIREMENTS PRESCRIBED BY THE  FEDERAL  MOTOR  CARRIER  SAFETY
 ADMINISTRATION UNDER APPENDICES A, C, D AND E OF PART 380 OF TITLE 49 OF
 THE  CODE  OF  FEDERAL REGULATIONS, AS MAY BE AMENDED FROM TIME TO TIME;
 AND
   (II) INCLUDE NO LESS THAN  THREE  HUNDRED  HOURS  OF  BEHIND-THE-WHEEL
 TRAINING  UNDER  THE IMMEDIATE SUPERVISION AND CONTROL OF AN EXPERIENCED
 DRIVER.
   (C) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I)  "YOUNG  ADULT" SHALL MEAN AN INDIVIDUAL WHO IS EIGHTEEN, NINETEEN
 OR TWENTY YEARS OLD.
   (II) "EXPERIENCED DRIVER" SHALL MEAN AN INDIVIDUAL WHO:
   (A) IS NOT LESS THAN TWENTY-ONE YEARS OF AGE;
   (B) HOLDS A VALID CLASS A COMMERCIAL DRIVER'S  LICENSE  WHICH  IS  NOT
 SUSPENDED, REVOKED OR CANCELLED PURSUANT TO THE PROVISIONS OF THIS CHAP-
 TER,  THE  VEHICLE AND TRAFFIC LAW, OR RULES AND REGULATIONS PROMULGATED
 THEREUNDER AND HAS HELD SUCH COMMERCIAL DRIVER'S LICENSE  FOR  AT  LEAST
 TWO YEARS;
   (C)  HAS  NOT,  FOR AT LEAST A ONE-YEAR PERIOD: BEEN THE OPERATOR OF A
 MOTOR VEHICLE INVOLVED IN AN ACCIDENT REPORTABLE TO  THE  FEDERAL  MOTOR
 CARRIER  SAFETY  ADMINISTRATION,  OR  BEEN  THE OPERATOR OF A COMMERCIAL
 MOTOR VEHICLE INVOLVED IN AN ACCIDENT REPORTABLE TO THE COMMISSIONER  OF
 MOTOR  VEHICLES,  OR  BEEN  CONVICTED OF A SERIOUS TRAFFIC VIOLATION, OR
 BEEN CONVICTED OF ANY VIOLATION OF TITLE VII OF THE VEHICLE AND  TRAFFIC
 LAW  FOR  WHICH  THE  COMMISSIONER OF MOTOR VEHICLES ASSESSES POINTS, OR
 BEEN DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE PURSUANT  TO
 THIS  CHAPTER,  THE  VEHICLE  AND  TRAFFIC LAW, OR RULES AND REGULATIONS
 PROMULGATED THEREUNDER; AND
   (D) HAS A MINIMUM OF ONE YEAR OF EXPERIENCE DRIVING,  IN  COMMERCE,  A
 COMMERCIAL  MOTOR  VEHICLE  WHICH  CAN  ONLY  BE OPERATED WITH A CLASS A
 COMMERCIAL DRIVER'S LICENSE.
   (III) "SERIOUS TRAFFIC VIOLATION" SHALL HAVE THE SAME MEANING AS  SUCH
 TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN-A OF THE
 VEHICLE AND TRAFFIC LAW.
   §  4.  This  act shall be deemed repealed if any federal agency deter-
 mines in writing that this act would render New  York  state  ineligible
 for  the receipt of federal funds or any court of competent jurisdiction

 A. 6295--A                          3
 
 finally determines that this act would render  New  York  state  out  of
 compliance with federal law or regulation.
   §  5.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 the  clause,  sentence,  subdivision, paragraph, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided that the commissioner of transpor-
 tation shall notify the legislative bill drafting  commission  upon  the
 occurrence  of  the  repeal  of this act provided for in section four of
 this act in order that the commission may maintain an accurate and time-
 ly effective data base of the official text of the laws of the state  of
 New  York in furtherance of effectuating the provisions of section 44 of
 the legislative law and section 70-b of the public officers law.