Incorporates federally mandated restrictions verbatim. For example, the “O” restriction formerly read “TRK/TRLR COMBI ONLY” and now reads “NO TRACTOR TRAILER CMV.”

The DMV has re-lettered some of its current restrictions. For example, “AUTOMATIC TRANSMISSION” has been re-lettered as E1, so that E will read “NO MANUAL TRANSMISSION EQUIPPED CMV.” The L1 and L2 “NO AIR BRAKES” restrictions are replaced the federally required L, “NO AIR BRAKES EQUIPPED CMV” restriction.

FMCSA advised the DMV in a 2009 audit that the F restriction must be designated as “OUTSIDE MIRRORS.” Accordingly, the current F restriction is re-lettered as F1, “HEARING AID/FULL VIEW MIRROR.”

Several of the amendments conform Part 3 to current procedures, delete referenced to obsolete procedures, and conform to other federal requirements in the above-mentioned rule.

It has been a longstanding State and federal requirement that no person shall apply for a CLP unless such person holds a class D license.

A person shall be issued a personal use endorsement (R) upon passage of a skills test in a recreational vehicle weighing over 26,000 pounds if such person has not passed a CDL skills test.

The proposal reflects current policy by eliminating the requirement that an affidavit of farm operation be submitted when applying for a farm endorsement.

The proposal makes clear that if a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction (NOT FULL AIR BRAKE EQUIPPED CMV) must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle.

In accordance with 49 CFR 383.7(a)(2)(v) and (b)(6), an application for a CLP or a CDL shall not be accepted unless the applicant presents acceptable proofs of United States citizenship or lawful permanent residency, as prescribed by the commissioner.

Section 3.7(a)(5)(iii) currently provides that the motorcycle road test shall be waived if the person is the holder of a New York State license and has successfully completed a course given by the Motorcycle Safety Foundation (MSF). In light of VTL section 410-a, the road test should also be waived if the holder of the NYS license passes a course that is comparable to that given by MSF.

The rule will take effect on June 4, 2015, except that section 3.6(a) shall take effect on July 8, 2015. The rule shall apply to licenses issued on or after June 4, 2015.

Pursuant to the authority of the Commercial Motor Vehicle Safety Act of 1986, the Transportation Equity Act for the 21st Century and the Safe, Accountable, Flexible, Efficient Transportation Act: Legacy for Users, on May 9, 2011, the Federal Motor Carrier Safety Administration FMCSA) adopted a final rule concerning Commercial Learner’s Permits (CLP) and Commercial Driver’s Licenses (CDL). The final rule deals with the issuance of CLPs and CDLs, permit and license sanctions resulting from violations of the law, skills tests, and a broad range of other topics related to CLPs and CDLs. This primary purpose of this proposed rulemaking is to conform the license restrictions set forth in 15 NYCRR 3.2 to the federally mandated restrictions. Failure to make such revisions by July 8, 2015 could result in the withholding of up to $73 million in federal highway funding.

49 CFR 383.95 and 383.153 set forth the federally mandated restrictions that, where appropriate, will appear on a CLP or CDL document. Every state must adopt the federally mandated restrictions verbatim, and accordingly, they are incorporated in this proposed rulemaking. Many of the restrictions are reworded to conform to the federal language, but do not substantively change the restriction. For example, the “O” restriction formerly read “TRK/TRLR COMBI ONLY” and now reads “NO TRACTOR TRAILER CMV.” Because the FMCSA desires uniformity across states, all states must adopt use the same letter for each restriction. Therefore, the DMV has re-lettered some of its current restrictions. For example, “AUTOMATIC TRANSMISSION” has been re-lettered as E1, so that E will read “NO MANUAL TRANSMISSION EQUIPPED CMV.” The L1 and L2 “NO AIR BRAKES” restrictions are replaced the federally required L, “NO AIR BRAKES EQUIPPED CMV” restriction.

In addition, FMCSA advised the DMV in a 2009 audit that the F restriction must be designated as “OUTSIDE MIRRORS.” Accordingly, the current F restriction is re-lettered as F1, “HEARING AID/FULL VIEW MIRROR.”

The remainder of the regulatory amendments conform Part 3 to current procedures, delete referenced to obsolete procedures, and conform to other federal requirements in the above-mentioned rule. The key changes are set forth below:

It has been a longstanding State and federal requirement that no person shall apply for a CLP unless such person holds a class D license.

A person shall be issued a personal use endorsement (R) upon passage of a skills test in a recreational vehicle weighing over 26,000 pounds if such person has not passed a CDL skills test.

The proposal reflects current policy by eliminating the requirement that an affidavit of farm operation be submitted when applying for a farm endorsement.

The proposal makes clear that if a skills test is taken in a vehicle equipped with air over hydraulic brakes, a Z restriction (NOT FULL AIR BRAKE EQUIPPED CMV) must be placed on the CDL. Air over hydraulic brakes includes any braking system operating partially on the air brake and partially on the hydraulic brake principle.

In accordance with 49 CFR 383.7(a)(2)(v) and (b)(6), an application for a CLP or a CDL shall not be accepted unless the applicant presents acceptable proofs of United States citizenship or lawful permanent residency, as prescribed by the commissioner.

Section 3.7(a)(5)(iii) currently provides that the motorcycle road test shall be waived if the person is the holder of a New York State license and has successfully completed a course given by the Motorcycle Safety Foundation (MSF). In light of VTL section 410-a, the road test should also be waived if the holder of the NYS license passes a course that is comparable to that given by MSF.

Upon adoption, the regulation will take effect on June 4, 2015, except that section 3.6(a) shall take effect on July 8, 2015. In addition, the requirements regarding restrictions and endorsements shall apply to original and renewal licenses issued on or after June 4, 2015.

This proposed rulemaking is being submitted as a consensus rule because it is necessary to conform to federal mandates, and it also reflects current policies and procedures.

A Job Impact Statement is not submitted with this proposed rule because it creates no adverse impact on job development or job opportunities.