2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 5 - DRIVERS' LICENSES
Article 19 - (501 - 509) LICENSING OF DRIVERS
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.
    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  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 that is either  permanently
  or  temporarily  attached  to  the vehicle or the chassis. Such vehicles
  include, but are not limited to, cargo and portable tanks, as defined in
  49 CFR part 171. However, this  definition  does  not  include  portable
  tanks having a rated capacity under one thousand gallons.
    7.  Farm  vehicle. A vehicle having a GVWR of not more than twenty-six
  thousand pounds which is controlled and operated by a farmer, is used to
  transport agricultural products, farm machinery, farm supplies or all of
  the aforementioned to or from the farm and is not used in the operations
  of a common or contract motor carrier and, such a vehicle having a  GVWR
  of  more  than  twenty-six  thousand  pounds while being used within one
  hundred fifty miles of the person's farm.
    8. 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.