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S 509-p. Definitions. As used in this article, the term: 1. "Commercial motor vehicle" shall mean a motor vehicle or combination of vehicles having a gross combination weight rating of more than ten thousand pounds used in commerce to transport property and it shall include a tow truck with a gross vehicle weight rating of at least eighty-six hundred pounds. 2. "Gross vehicle weight rating" or "GVWR" shall mean 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. "Commercial driver" shall mean every person who is self-employed or employed by a commercial motor carrier and who drives a commercial motor vehicle for hire or profit. 4. "Commercial motor carrier" shall mean any person, corporation, or entity, who directs one or more commercial motor vehicles and who operates a commercial motor vehicle wholly within or partly within and partly without this state in connection with the operation or administration of any business. S 509-q. Application for employment. A commercial driver not subject to the provisions of article nineteen-A of this chapter or to the provisions of section fourteen-f of the transportation law and hired on and after the effective date of this article shall not operate a commercial motor vehicle unless such driver has furnished the commercial motor carrier that employs the driver with a completed application for employment. Every commercial motor carrier shall prepare an application for employment which shall comply with rules and regulations of the commissioner of transportation. S 509-r. Investigations and inquiries. Every commercial motor carrier shall make an investigation and inquiry of each commercial driver it hires on and after the effective date of this article in accordance with rules and regulations of the commissioner of transportation. S 509-s. Annual review of driving record. Each commercial motor carrier shall, at least once every twelve months, review the driving record of each commercial driver it employs to determine whether such driver meets minimum requirements for safe driving or is to be disqualified to drive a commercial motor vehicle in accordance with this chapter or with rules and regulations of the commissioner of transportation. S 509-t. Record of violations. Each commercial motor carrier shall, at least every twelve months, require each commercial driver it employs to prepare and furnish it with a record of all violations of motor vehicle traffic laws and ordinances (other than violations involving only parking) of which such driver has been convicted or on account of which the commercial driver has forfeited bond or collateral during the preceding twelve months in accordance with rules and regulations of the commissioner of transportation. S 509-u. Commercial driver qualification files. Each commercial motor carrier shall maintain a commercial driver qualification file for each commercial driver it employs in accordance with rules and regulations of the commissioner of transportation; provided, however, that such a file need not include a medical examiner certificate of a commercial driver's physical qualification to drive a commercial motor vehicle. S 509-v. Investigation of motor carrier files. The commissioner and the commissioner of transportation shall have the authority to examine or investigate the operation of commercial motor carriers and their compliance with rules and regulations promulgated pursuant to this article and article six of the transportation law. S 509-w. Penalties. Upon conviction for a violation of any provision of this article or the rules and regulations of the commissioner of transportation promulgated pursuant thereto, the court shall impose a sentence consisting of a fine of not less than two hundred fifty dollars nor more than one thousand dollars. S 509-x. Exemptions. The commissioner of transportation shall have the authority, pursuant to rules and regulations, to exempt certain commercial motor carriers or commercial drivers from the provisions of this article in accordance with federal rules and regulations. S 509-y. Rules and regulations. The commissioner of transportation, in consultation with the commissioner, is hereby authorized to adopt rules and regulations to implement the provisions of this article which shall be no less protective of public safety than the rules and regulations promulgated by the federal government with respect to the qualifications and disqualifications of drivers. Top of Page
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