N.Y. Vehicle & Traffic Law § 501-a: Definitions

§ 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.