§ 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
and an altered motor vehicle commonly referred to as a "stretch
limousine" having a seating capacity of nine or more passengers
including the driver.

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 covered 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 or tanks having an
individual rated capacity of more than one hundred nineteen gallons and
an aggregate rated capacity of one thousand gallons or more that is
either permanently or temporarily attached to the vehicle or the
chassis. Such term shall not include a commercial motor vehicle
transporting an empty storage container tank, not designed for
transportation, with a rated capacity of one thousand gallons or more
that is temporarily attached to a flatbed trailer.

7. 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.

8. Covered farm vehicle. (a) A vehicle or combination of vehicles
registered in this state, which (i) displays a covered farm vehicle
designation issued by the commissioner, (ii) is operated by the owner or
operator of a farm or ranch, or an employee or family member of an owner
or operator of a farm or ranch, (iii) is used to transport agricultural
commodities, livestock, machinery or supplies to or from a farm or
ranch, (iv) is not used in for-hire motor carrier operations, exclusive
of operation by a tenant pursuant to a crop share farm lease agreement
to transport the landlord's portion of the crops under that agreement;
and (v) is not used for the transportation of hazardous materials.

(b) A covered farm vehicle with a gross vehicle weight or gross
vehicle weight rating, whichever is greater, of more than twenty-six
thousand pounds may only be operated within one hundred fifty air miles
of the farm or ranch.

(c) The commissioner shall, by regulation, designate an endorsement or
endorsements for the operation of covered farm vehicles with a gross
vehicle weight or gross vehicle weight rating of more than twenty-six
thousand pounds. Such endorsement or endorsements shall be required to
operate such a covered farm vehicle or combination of covered farm
vehicles. The identification and scope of such endorsement or
endorsements shall, at a minimum, include a distinction between the
operation of a covered farm vehicle having a gross vehicle weight or
gross vehicle weight rating of more than twenty-six thousand pounds and
the operation of a combination of covered farm vehicles having a gross
vehicle weight or gross vehicle weight rating of more than twenty-six
thousand pounds.

(d) For the purposes of this subdivision, the gross vehicle weight of
a vehicle shall mean the actual weight of the vehicle and the load.