NY CDL issue

[JetPhoto 626]

THE FOLLOWING INFORMATION IS FORWARDED BY THE NEW YORK STATE ASSOCIATION OF FIRE CHIEFS PUBLIC RELATIONS COMMITTEE.

May 19, 2009

0509-42

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From NYSAFC Executive Director LaBelle:

The Assembly passed the CDL bill late today!

The Assembly passed the CDL bill tonight. The bill now goes to the Senate where it is hoped the bill will get passed and sent to Governor Paterson this week. The bills are S.1624-C and A.6051-A.

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Thank you to everyone who made FIRE 08 a huge success!

Thomas L. LaBelle

Executive Director

NYS Association of Fire Chiefs

1670 Columbia Turnpike

Castleton, NY 12033

Phone: (518) 477-2631

Fax: (518) 477-4430

E-mail: tlabelle@nysfirechiefs.com

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Summary - S01624

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See Text

S01624 Summary:

BILL NO S01624C

SAME AS Same as A 6051-A

SPONSOR FOLEY

COSPNSR VALESKY, JOHNSON C, SAVINO, BONACIC, BRESLIN, DILAN, ESPADA, FARLEY,

FLANAGAN, HUNTLEY, LAVALLE, LITTLE, MAZIARZ, ONORATO, SEWARD,

BONACIC, BRESLIN, DILAN

MLTSPNSR

Amd SS501 & 501-a, V & T L

Allows a person to operate a fire truck without possessing a commercial

driver's license.

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S01624 Actions:

BILL NO S01624C

02/03/2009 REFERRED TO TRANSPORTATION

02/27/2009 AMEND AND RECOMMIT TO TRANSPORTATION

02/27/2009 PRINT NUMBER 1624A

03/10/2009 REPORTED AND COMMITTED TO CODES

05/06/2009 AMEND (T) AND RECOMMIT TO CODES

05/06/2009 PRINT NUMBER 1624B

05/12/2009 1ST REPORT CAL.302

05/13/2009 2ND REPORT CAL.

05/18/2009 AMENDED (T) 1624C

05/18/2009 ADVANCED TO THIRD READING

________________________________________

S01624 Votes:

________________________________________S01624 Memo:

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Summary - A06051

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A06051 Summary:

BILL NO A06051A

SAME AS Same as S 1624-C

SPONSOR Sweeney (MS)

COSPNSR Magee, Lupardo, DelMonte, Schimel, Fields, Lifton, Destito,

Schimminger, John, Koon, Galef, Christensen, Magnarelli, Reilly,

Jaffee, Russell, Alessi, Gordon, Paulin, Cahill, Gabryszak, Stirpe,

Schroeder, Ramos, Gunther, Castro, Pheffer, Bradley

MLTSPNSR Amedore, Bacalles, Ball, Barclay, Burling, Butler, Conte, Crouch,

DenDekker, Duprey, Eddington, Errigo, Giglio, Hayes, Hikind, Kolb,

Latimer, Lavine, Lopez P, McDonough, McEneny, Molinaro, Oaks,

Peoples, Quinn, Rabbitt, Raia, Robinson, Sayward, Scozzafava,

Tedisco, Townsend, Walker, Weisenberg, Zebrowski

Amd SS501 & 501-a, V & T L

Allows a person to operate a fire truck without possessing a commercial

driver's license.

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A06051 Actions:

BILL NO A06051A

02/24/2009 referred to transportation

05/14/2009 amend and recommit to transportation

05/14/2009 print number 6051a

05/19/2009 reported referred to codes

05/19/2009 reported referred to ways and means

05/19/2009 reported referred to rules

05/19/2009 reported

05/19/2009 rules report cal.32

05/19/2009 ordered to third reading rules cal.32

05/19/2009 passed assembly

05/19/2009 delivered to senate

05/19/2009 REFERRED TO TRANSPORTATION

________________________________________

A06051 Votes:

________________________________________

A06051 Memo:

BILL NUMBER:A6051A

TITLE OF BILL: An act to amend the vehicle and traffic law, in

relation to the operation of an emergency vehicle without a commercial

drivers license

PURPOSE OR GENERAL IDEA OF BILL:

To clarify the scope of the e

[gamewell45 258]

I sure hope they straightened out the language regarding operation of apparatus; especially concerning the operation of it during non-emergencies, such as drills, training, details, etc.

[Remember585 815]

For those that aren't really awake yet, what does this mean? Is this the change to allow us to return from an incident or is this a full removal of the law?

[IzzyEng4 427]

For those that aren't really awake yet, what does this mean? Is this the change to allow us to return from an incident or is this a full removal of the law?

It sounds like NYS is doing what they did over her in CT, giving you an emergency vehicle operations license without having to go through the entire CDL testing. IN Ct we have what we call a "Q" license. You still take the CDL pre-trip, air break and road test portions but do not have to take the written test nor pay the annual CDL fees. The Q license in CT used to be a restriction but now it is an endorsment (if I am not mistaken with the new laws over here). The "Q" grants you the right to operate emergency service apparatus over 26,001 lbs. without restrictions.

[NWFDMedic 58]

If i'm not mistaken a bill was passed last month to allow apparatus to return from a call without a CDL but you still could not operate the truck for drills, parades, training etc.

This bill should eliminate the need all together; however, as a CDL holder i support better knowledge and training on the vehicles!

I agree with you about the increased training. When the topic was initially discussed here, I don't think anyone was against requiring CDL training for apparatus operators, just the way the law came to light. If they gave districts say a 5 year period to get all operators to get CDLs and made the training available, then I don't think it would have been as big of an issue.

Then again, that's EMTBravo, where most of the posters are pro-training.

[JetPhoto 626]

This now awaits the Governors signature. They are hoping to have this changed by Friday 5/22 in time so Memorial Day events. So that fire apparatus can attend parades and other types of usage (drills, other details ie. getting fuel...)

I agree more training should be done, but they must set a date for everyone to be in compliance instead of changing the law not telling anyone and then all of the sudden say "no CDL, limited driving by non CDL holders."

[jayhalsey 6]

It sounds like NYS is doing what they did over her in CT, giving you an emergency vehicle operations license without having to go through the entire CDL testing. IN Ct we have what we call a "Q" license. You still take the CDL pre-trip, air break and road test portions but do not have to take the written test nor pay the annual CDL fees. The Q license in CT used to be a restriction but now it is an endorsment (if I am not mistaken with the new laws over here). The "Q" grants you the right to operate emergency service apparatus over 26,001 lbs. without restrictions.

What written test?

[SageVigiles 1,194]

Izzy, some idiots in high up positions of some CT fire dpeartments believe you can't drive a firetruck without a CDL to drills/non-emergency things even if you have your Q. I'm assuming its people reading things that apply to NY and assuming that it applies to CT as well. To all you NYers, you guys do NOT have a monopoly on ridiculous people in positions of power... if that makes you feel any better, haha.

[IzzyEng4 427]

Jay, there is a written test you have to take when getting your CDL, usually it is incorporated with taking the CDL class.

Sage, I don't know what you are referring too, I never had heard that in CT ever before. The "Q" was passed by the fire academy's career and volunteer instructors and chiefs. Obviously it is someone you have run into that has no clue on the CTFA "Q" course and DMV 's requirements.

[ltx17 19]

does the updated version take into account those of us who operate along the borders of other states,ie rockland and orange w/nj,orange and counties along rt 17 w/pa; westchester,putnam,dutchess,columbia,etc w/ct,mass,vt?

[JetPhoto 626]

May 22, 2009 -- New York State Association of Fire Chiefs Back

CDL Bill Signed

May 21, 2009

A bill that sped through the legislative process this week, pushed on by the up coming Memorial Day weekend was made into law when Governor David Paterson signed the "CDL" bill late in the evening of May 21st. “Firefighters perform an extraordinarily honorable and valuable service for our communities. We need to do everything we can to ensure that they are not needlessly burdened in carrying out their essential tasks,” said Governor Paterson. “I am grateful to the Legislative Leaders, Senator Foley, Assemblyman Sweeney and the all supporters for working with extraordinary dispatch to ensure that this legislation is enacted in time for Memorial Day, a day on which firefighters participate in parades across the State and we recognize and celebrate their contributions to our safety and well-being.”

The bill was sponsored by Senator Brian Foley and Assembly Robert Sweeney, both of Suffolk County. The new law regains for the fire service an exemption from CDL requirements for fire apparatus when used in official functions, such as going to and returning from calls, training, inspections, drills and parades.

Senator Brian X. Foley, who sponsored the bill in the Senate, said: “Our volunteer firefighters are heroes and deserve to be treated as such. I am proud to sponsor legislation that will protect our firefighters and allow them to serve their communities without being exposed to legal liability.”

Assemblyman Robert Sweeney, who sponsored the bill in the Assembly, said: “Firefighters throughout New York put themselves on the line to protect and save lives in our communities. Correcting this problem in the law will help them to continue serving without fear of being penalized for driving emergency service vehicles for important functions such as training, safety drills, and building inspections. It is important that we not add an unnecessary burden as they protect the public.”

[jayhalsey 6]

Jay, there is a written test you have to take when getting your CDL, usually it is incorporated with taking the CDL class.

Interesting. I dont remember taking a written test.

[jack10562 414]

Here's a PDF copy of the press release from Governor Patterson's Press Office regarding the CDL exemption for NY police officers and fire fighters:

cdl_Bill.pdf

Governor David A. Paterson today announced that he has signed legislation that will expand the circumstances under which police officers and firefighters may drive emergency vehicles without a commercial driver license (CDL). Governor Paterson’s timely signature allows firefighters who do not have a CDL to participate in Memorial Day parades this weekend.

Thanks to Plectron for this info.

[50-65 205]

May 22, 2009 -- New York State Association of Fire Chiefs Back

CDL Bill Signed

May 21, 2009

....said Governor Paterson. "I am grateful to the Legislative Leaders, Senator Foley, Assemblyman Sweeney and the all supporters for working with extraordinary dispatch to ensure that this legislation is enacted in time for Memorial Day, a day on which firefighters participate in parades across the State and we recognize and celebrate their contributions to our safety and well-being."

Not to pick on our esteemed governor, but I thought Memorial Day was a day of remembrance of those service men and women who gave their lives in defense of this country.

The bill was sponsored by Senator Brian Foley and Assembly Robert Sweeney, both of Suffolk County. The new law regains for the fire service an exemption from CDL requirements for fire apparatus when used in official functions, such as going to and returning from calls, training, inspections, drills and parades.

So unofficial functions, whatever they may be, would still require a CDL?

[Monty 35]

So unofficial functions, whatever they may be, would still require a CDL?

I haven't seen the bill - but I think they used the word 'official' to differentiate from 'Emergency'.

Now interestingly, I don't know what would happen if you took the vehicle without authorization. Maybe they could throw that at you, but I suspect there are more severe charges that you'd end up getting.