Legislation
SECTION 214
Exemptions
Transportation (TRA) CHAPTER 61-A, ARTICLE 9-A
§ 214. Exemptions. a. The commissioner shall adopt rules and
regulations establishing when the provisions of this article shall not
apply, which rules and regulations shall conform, as applicable, to
paragraphs (b) through (r) of section 395.1 of title 49 of the code of
federal regulations as such regulations may be amended from time to
time.
b. Notwithstanding the provisions of subdivision a of this section,
the provisions of this article shall not apply to the operation of a
motor truck in intrastate commerce owned by a farmer and operated by
himself or an employee when used in the hauling of farm, dairy, or
horticultural products and farm supplies for himself or his farm
neighbors to market, creamery, or place of storage, nor to the operation
of tow trucks in intrastate commerce while responding to requests to
provide roadside service or to remove wrecked, disabled, abandoned or
illegally parked motor vehicles.
c. The provisions of this article shall not apply nor shall hours of
service accrue to a driver of a utility service vehicle. For purposes of
this article, utility service vehicle means any motor truck:
(1) Used in the furtherance of repairing, maintaining, or operating
any structures or any other physical facilities necessary for the
delivery of public utility services, including the furnishing of
electric, gas or steam service, water, sanitary sewer, telephone, and
television cable or community antenna service;
(2) While engaged in any activity necessarily related to the ultimate
delivery of such public utility services to consumers, including travel
or movement to, from, upon, or between activity sites (including
occasional travel or movement outside the service area necessitated by
any utility emergency as determined by the utility provider); and
(3) Except for any occasional emergency use, operated primarily within
the service area of a utility's subscribers or consumers, without regard
to whether the vehicle is owned, leased, or rented by the utility.
regulations establishing when the provisions of this article shall not
apply, which rules and regulations shall conform, as applicable, to
paragraphs (b) through (r) of section 395.1 of title 49 of the code of
federal regulations as such regulations may be amended from time to
time.
b. Notwithstanding the provisions of subdivision a of this section,
the provisions of this article shall not apply to the operation of a
motor truck in intrastate commerce owned by a farmer and operated by
himself or an employee when used in the hauling of farm, dairy, or
horticultural products and farm supplies for himself or his farm
neighbors to market, creamery, or place of storage, nor to the operation
of tow trucks in intrastate commerce while responding to requests to
provide roadside service or to remove wrecked, disabled, abandoned or
illegally parked motor vehicles.
c. The provisions of this article shall not apply nor shall hours of
service accrue to a driver of a utility service vehicle. For purposes of
this article, utility service vehicle means any motor truck:
(1) Used in the furtherance of repairing, maintaining, or operating
any structures or any other physical facilities necessary for the
delivery of public utility services, including the furnishing of
electric, gas or steam service, water, sanitary sewer, telephone, and
television cable or community antenna service;
(2) While engaged in any activity necessarily related to the ultimate
delivery of such public utility services to consumers, including travel
or movement to, from, upon, or between activity sites (including
occasional travel or movement outside the service area necessitated by
any utility emergency as determined by the utility provider); and
(3) Except for any occasional emergency use, operated primarily within
the service area of a utility's subscribers or consumers, without regard
to whether the vehicle is owned, leased, or rented by the utility.