Bill Text: NY S08979 | 2021-2022 | General Assembly | Amended

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Bill Title: Ties the duration a commercial learner's permit issued by the state is valid to the duration of validity in federal law for a commercial learner's permit.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-05-23 - SUBSTITUTED BY A10219 [S08979 Detail]

Download: New_York-2021-S08979-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8979--A

                    IN SENATE

                                       May 3, 2022
                                       ___________

        Introduced  by  Sen.  KENNEDY  -- (at request of the Department of Motor
          Vehicles) -- read twice and ordered printed, and when  printed  to  be
          committed  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, in relation to the period
          for which commercial learner's permits are valid

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph (b) of subdivision 1 of section 503 of the vehi-
     2  cle  and traffic law, as amended by section 3 of part I of chapter 58 of
     3  the laws of 2015, is amended to read as follows:
     4    (b) An application for a license shall be valid for a period  of  time
     5  specified  by regulation of the commissioner not to exceed five years. A
     6  learner's permit shall be valid from its issuance until  the  expiration
     7  of  the  application  for  a  driver's  license for which it was issued.
     8  Provided, however, a commercial learner's permit shall be valid  for  no
     9  more  than  [one  hundred  eighty  days,  except that such permit may be
    10  renewed, in the commissioner's discretion, for an additional one hundred
    11  eighty days] such time as permitted by section 31308 of title 49 of  the
    12  United  States  code  and part 383.25 of title 49 of the code of federal
    13  regulations.   Provided, however, that  a  commercial  learner's  permit
    14  issued  by  the  commissioner  in  connection  with an application for a
    15  commercial driver's license shall be cancelled within sixty days of  the
    16  holder's  medical  certification  status  becoming "not-certified" based
    17  upon: (i) the  expiration  of  the  holder's  medical  certification  or
    18  medical  variance  documentation  required  by the federal motor carrier
    19  safety improvement act of 1999 and Part 383.71(h) of  title  49  of  the
    20  code  of  federal  regulations; (ii) the holder's failure to submit such
    21  medical certification or medical variance documentation at  such  inter-
    22  vals  as required by the federal motor carrier safety improvement act of
    23  1999 and Part 383.71(h) of title 49 of the code of  federal  regulations
    24  and  in a manner prescribed by the commissioner; or (iii) the receipt by
    25  the commissioner of information from the issuing medical examiner or the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13607-02-2
        S. 8979--A                          2

     1  federal motor carrier safety administration that a medical certification
     2  or medical variance was issued in error or rescinded.  The  commissioner
     3  shall, upon a holder's status becoming "not-certified", notify the hold-
     4  er  of  such  commercial  learner's  permit  issued in connection with a
     5  commercial driver's license application  by  first  class  mail  to  the
     6  address  of  such  person  on file with the department or at the current
     7  address provided by the United States  postal  service  of  his  or  her
     8  "not-certified"  medical  certification  status  and that the commercial
     9  motor vehicle privileges of such commercial  learner's  permit  will  be
    10  cancelled  unless he or she submits a current medical certificate and/or
    11  medical variance in accordance with Part 383.71(h) of title  49  of  the
    12  code  of federal regulations or changes his or her self-certification to
    13  driving only in excepted or intrastate commerce in accordance with  Part
    14  383.71(b)  (1)  (ii),  (iii)  or (iv) of title 49 of the code of federal
    15  regulations.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.