Senator Charles E. Schumer

FOR IMMEDIATE RELEASE: March 26, 2009

SCHUMER CALLS ON FEDS TO HELP ENSURE THAT ONEROUS COMMERCIAL DRIVERS LICENSE LAW THAT BURDENS FIRE DEPARTMENTS ACROSS THE STATE IS ENDED ONCE AND FOR ALL

Current Federal Law Does Not Mandate Emergency Workers Have A CDL, But NYS Misinterpreted Federal Regulations And Passed Law Forcing Fire Fighters To Comply With Costly, Onerous Regulation

In Letter, Schumer Urges Federal Motor Carrier Safety Administration To Review Pending New York State Legislation To Ensure That It Would Fully Remove This Burden Without Jeopardizing The Flow Of Federal Funds To New York State

Schumer: Confusing, Contradictory Regulations Puts An Undue Burden On Our Local Fire Departments Already Struggling

In an effort to clarify confusing existing regulations and to remove the burdensome requirement that firefighters who drive apparatus carry commercial driver’s license, U.S. Senator Charles E. Schumer today wrote to the Federal Motor Carrier Safety Administration (FMCSA) urging them to conduct a formal, legal review of the pending legislation in the New York State Assembly that would eliminate the onerous rule altogether. A law, passed in 2005 by the State Legislature, requires firefighters to have a commercial driver's license (CDL) to drive fire trucks in any official capacity that is a non-emergency situation, such as driving to a building inspection or training exercise. There is pending legislation in the State Legislature that would remove this requirement, and Schumer wants to ensure that its passage would remove the requirement without conflicting with federal law, which would engager federal funding to the state.

Federal law does not mandate that firefighters need a CDL when driving a fire vehicle during official business, but New York State misinterpreted federal regulations and passed a state law requiring firefighters to do so. The New York State Department of Motor Vehicles is now concerned that the pending legislation removing this requirement will prevent the state from getting federal transportation funding. Schumer has asked FMSCA to look at this legislation and issue a ruling insuring that its passage will both remove the CDL requirement and not reduce that amount of federal funding that is owed to NYS.

“It is ridiculous that New York State is mandating the use of commercial driver’s licenses when Federal Law clearly states that they are not necessary,” said Schumer. “CDL’s are costly and this law puts an unnecessary burden on our local volunteer and career fire departments that are already struggling to recruit and to make ends meet. I will do whatever I can do help save firefighters from falling victim to this excessive rule.”

In 2005 the State Legislature passed a law that requires firefighters to have a commercial driver's license (CDL) to drive fire trucks in any official capacity that is a non-emergency situation. New York State exempted first responders from CDL requirements when driving to an emergency situation, but they have misinterpreted the Motor Carrier Safety Improvement Act (MCSIA) to mean that first responders may only be exempted when they are responding to an emergency, and not while they are operating a vehicle in another official capacity. These capacities include training exercises, commercial building inspections, obtaining maintenance, and parades.

New York State’s interpretation and the resulting law puts an undue burden on local fire departments that are already strapped for financial and manpower resources. Across the state, volunteer fire departments are finding it difficult to recruit and retain enough people who are willing to devote their time to the fire service. The current law makes it extremely hard to find people who can drive apparatus at necessary department functions.

Additionally, CDL’s are costly to obtain. According to the Department of Motor Vehicles, the cost for a CDL license includes $40 for a driving skills test, $10 for a written test and a $10 documentation fee. There is also a $5 charge for upgrading from Class D to a CDL for every six months remaining on the driver's license and a $120 renewal fee every eight years.

A6051, sponsored by Assemblyman Robert Sweeney of Long Island, would amend the vehicle and traffic law, in relation to the operation of an emergency vehicle without a commercial driver’s license, is legislation that would allow for emergency services personnel to receive a waiver from CDL requirements while driving an emergency services vehicle in any official capacity. The state government understands these issues and has indicated that they would like to amend the law, but they are concerned they could lose federal highway funding if they do not get approval from the FMCSA.

To help New York State firefighters obtain freedom CDL requirements and remove the unnecessary burden placed on firefighters throughout New York, Senator Schumer wrote a letter to the FMCSA urging them to expedite an opinion on the A06051.

In the letter, Schumer wrote, “For our cities, with career departments, who are already struggling with multiple financial problems this adds another burden because it would be incumbent on them to train apparatus drivers in preparation for a CDL. Any effort you can make in expediting an opinion on A.6051 is greatly appreciated.”

A full copy of the letter is below

Dear Assistant Administrator McMurray:

I write to request that the Federal Motor Carrier Safety Administration (FMCSA) conduct a formal, legal review of pending legislation in the New York State Assembly that would remove an excessive commercial driver’s license (CDL) hardship on New York’s volunteer and career fire departments.

A06051, An act to amend the vehicle and traffic law, in relation to the operation of an emergency vehicle without a commercial driver’s license, is legislation that would allow for emergency services personnel to receive a waiver from CDL requirements while driving an emergency services vehicle in any official capacity. New York State has already exempted first responders from CDL requirements when driving to an emergency situation, but I believe they have misinterpreted the Motor Carrier Safety Improvement Act (MCSIA) to mean that first responders may only be exempted when they are responding to an emergency, and not while they are operating a vehicle in another official capacity. These capacities included training exercises, commercial building inspections, obtaining maintenance, and parades. I ask that FMCSA, in addition to reviewing the proposed New York State legislation, offer guidance to the New York State Department of Motor Vehicles’ interpretation of MCSIA.

New York State’s interpretation puts an undue burden on local fire departments that are already strapped for financial and manpower resources. Across the state, volunteer fire departments are finding it difficult to recruit and retain enough people who are willing to devote their time to the fire service. The current law makes it extremely hard to find people who can drive apparatus at necessary department functions. For our cities, with career departments, who are already struggling with multiple financial problems this adds another burden because it would be incumbent on them to train apparatus drivers in preparation for a CDL. The state government understands these issues and wants to amend the law, however, they are concerned they could lose federal highway funding if they do not get approval from your agency. Any effort you can make in expediting an opinion on A06051 is greatly appreciated.

Thank you for your attention to this important matter. If you have any questions or need additional information, please contact Steve Mann in my Albany, New York office at 518-431-4070.

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