N.Y. Comp. Codes R. & Regs. tit. 17 § 820.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 820.6 - Hours of service of drivers

(a)General applicability for interstate or foreign commerce.

The Commissioner of Transportation adopts part 395 of title 49 of the Code of Federal Regulations (CFR) with the same force and effect as though herein fully set forth at length and shall apply to all motor carriers and drivers of commercial motor vehicles as defined in section 820.1 of this Part operating in interstate or foreign commerce.

(b)General applicability for intrastate commerce.

The Commissioner of Transportation adopts 49 CFR part 395 with the same force and effect as though herein fully set forth at length and shall apply to all motor carriers and drivers of commercial motor vehicles as defined in section 820.1 of this Part operating in intrastate commerce except that the provisions of this section shall not apply to:

(1) the operation of a commercial motor vehicle owned by a farmer and operated by himself or an employee when used in the hauling of farm, dairy, or horticultural products and farm supplies for himself or his farm neighbors to market;

(2) the operation of tow trucks while responding to requests to provide roadside service or to remove wrecked, disabled, abandoned or illegally parked motor vehicles; or

(3) nor shall the hours of service accrue to a driver of a utility service vehicle. For purposes of this regulation, utility service vehicle means any commercial motor vehicle:

(i) used in the furtherance of repairing, maintaining, or operating any structures or any other physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas or steam service, water, sanitary sewer, telephone, and television cable or community antenna service;

(ii) while engaged in any activity necessarily related to the ultimate delivery of such public utility services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the service area necessitated by any utility emergency as determined by the utility provider); and

(iii) except for any occasional emergency use, operated primarily within the service area of a utility's subscribers or consumers, without regard to whether the vehicle is owned, leased, or rented by the utility.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 820.6

Adopted New York State Register June 24, 2015/Volume XXXVII, Issue 25, eff. 7/1/2015