N.Y. Transportation Law § 214: Exemptions

§ 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.