Current through Register Vol. 46, No. 51, December 18, 2024
(a) Definition. For the purposes of this section, "video mirror" means any camera monitoring system, digital mirror system, electronic mirror system or e-mirror system capable of being installed on a commercial motor vehicle as an alternative to the two rear-vision mirrors required by Federal Motor Carrier Safety Regulations (FMCSR) section 393.80(a), section 375 of the Vehicle and Traffic Law and Part 58 of this Title. The regulations at 49 CFR section 393.80 are contained in volume 49 of the Code of Federal Regulations, Federal Motor Carrier Safety Administration, Department of Transportation, at part 393, published by the Office of the Federal Register National Archives and Records Service, General Services Administration, and effective October 1, 2001. Copies may be obtained from the Office of the Federal Register, The National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001. Additionally, 49 CFR section 393.80 is available for public inspection and copying at the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.(b) Notwithstanding the provisions of Federal Motor Carrier Safety Regulations (FMCSR) section 393.80(a), section 375 of the Vehicle and Traffic Law and Part 58 of this Title, and when provided for by federal law, regulation or federal exemption, a commercial motor vehicle may be equipped with properly functioning video mirrors to be used in place of, or in addition to, any mirror otherwise required by such provisions. The placement and use of such video mirrors shall be in accordance with any federal law, regulation or exemption. Any federal exemption applicable to the use of video mirrors for a commercial motor vehicle engaged in interstate commerce shall also apply to a commercial motor vehicle engaged in intrastate commerce. The installation and use of video mirrors shall be valid during, and in accordance with, the federal exemption, including any renewals of federal exemptions, and any successor federal exemptions that may be granted, including but not limited to the following: 1. Robert Bosch, LLC and Mekra Lang North America LLC, for the companies' CV (Commercial Vehicle) Digital Mirror System (Docket #FMCSA-2019-0286, 85 FR 58106, Sept. 17, 2020);2. Rosco Vision, Inc., for the company's CV (Commercial Vehicle) Digital Camera Monitor System ( CMS) (CV Digital CMS) (Docket #FMCSA-2021-0186, 87FR 73386, Dec. 4, 2022);3. Stoneridge, Inc., for the company's MirrorEye Camera Monitor System (CMS) (Docket #FMCSA-2018-0141, 89FR 7437, Feb. 2, 2024); and4. Vision Systems of North America, Inc. (VSNA), for the company's Smart-Vision high-definition camera monitoring system (Smart-Vision) (Docket #FMCSA-2019-0159, 85 FR 2486, Jan. 15, 2020).(c) If such a federal exemption is revoked, or expires and is not renewed, and there is no successor federal exemption, the Commissioner's approval of the use of such video mirrors on a commercial vehicle engaged in interstate and intrastate commerce shall contemporaneously be rescinded. In such instances, continued operation of a vehicle using such video mirrors shall be forbidden. The vehicle may be operated once a different federally exempt video mirror is installed on the vehicle, or when conventional rear-vision mirrors that are compliant with federal law, section 375 of the Vehicle and Traffic Law and Part 58 of this Title are installed on the vehicle.(d) If a video mirror fails during normal vehicle operation, continued operation of the vehicle shall be forbidden until the video mirror can be repaired or replaced, or conventional rear-vision mirrors that are compliant with Federal Motor Carrier Safety Regulations (FMCSR) section 393.80(a) or any other applicable federal law, section 375 of the Vehicle and Traffic Law and Part 58 of this Title are installed on the vehicle.N.Y. Comp. Codes R. & Regs. Tit. 15 § 56.3
Amended New York State Register September 18, 2024/Volume XLVI, Issue 38, eff. 9/18/2024