Sorry you can't drive your fire truck back to the firehouse.

Replies to This Discussion

Permalink Reply by Mary Ellen Shea on February 20, 2009 at 9:40am

From the FASNY Legislative Affairs Office



Countless inquiries have been generated from all over NYS regarding a recent opinion issued by NYS Department of Motor Vehicles that requires a CDL license to drive Fire Apparatus. The confusion surrounds an amendment to the NYS Transportation Bond Act of 2005 which went largely unobserved because the amendments were inconsistent, confusing and arguably unenforceable because of their vague nature.

Three years later,a group of Volunteer Fire Service leaders discovered the language of the Bond act and without advice of Counsel, asked the NYS DMV for an opinion as to what the amendments meant. DMV responded with an unfavorable opinion which basically stated that you could drive apparatus to an emergency but could not drive it back to the Firehouse without a CDL.

Obviously this was not the intent of NYS legislators voting on the Bond Act or the Governor who signed it at that time, and it has become clear that it is the intent of the Federal Government to allow states to grant exemptions to volunteer organizations for their vehicles without the threat of conflict with Federal Statutes or funding streams.

That the question was asked of DMV three years later forced the unfavorable opinion and current situation but it also necessitated amendatory legislation to immediately correct the unintended prohibition. The bills will be sponsored by Senator Brian Foley and Assemblyman Bob Sweeney, both from Long Island, and we expect swift passage.

Basically, the bills delete the language in the vehicle and traffic law that disallowed the CDL exemption that existed before 2005. With this language deleted there will be no requirement for a CDL for any emergency vehicle use by volunteer fire company personnel.

The NYS Association of Fire Chiefs with FASNY and the Association of Fire Districts have worked together, through Senator Charles Schumer's office to get clarification from the Federal Motor Carrier Safety Administration on this issue. The FMCSA has stated to the NYS Department of Motor Vehicles that the exemption from the CDL requirement enjoyed before the 2005 would not endanger federal highway funds. DMV is supportive of changing the law. Now time is of the essence.

Although there are no bill numbers assigned, interested parties are urged to communicate with Senator Foley and Assemblyman Sweeney by going to WWW.FASNY.com and clicking on LEGISLATION. There you will be given an opportunity to register your email address and within the next few days the bills will be assigned numbers. Using the bill numbers you can correspond directly with the legislators and express your support.

▶ Reply to This

Permalink Reply by strtcopr on February 20, 2009 at 10:49am

Thanks, Mary Ellen.

▶ Reply to This

Permalink Reply by DoubleH..Harry on February 21, 2009 at 11:38pm

Hi Mel
What is your best guess as to when this will be straightened out? We too wonder if we're gonna be in deep dodo if we run a non-CDL driver on calls.Currently we require a CDL for our 2500 g. tanker(tender) but only NYS reg license for the rest of fleet. Thanks, Harry

▶ Reply to This

Permalink Reply by strtcopr on February 20, 2009 at 9:49am

I think..c'mon sing along with me, I Love New York.....remember that song from the commercials on tv ?

▶ Reply to This

Permalink Reply by Captain Frazier on February 20, 2009 at 10:16am

Wow someone dropped the ball.

▶ Reply to This

Permalink Reply by Fire Chick 1st. Lt. on February 20, 2009 at 10:21am

sorry to hear that.. dont know if pa has that law yet or not... maybe they do since they dindt tell u guys they might not have told anyone around here... i know if it really does happen there will prob be alot of departments in trouble... cant just leave a truck on scene.... and if u cant get it home some ppl wont take them out... how would the ppl that made this law feel if it was their house on fire and no trucks showed up??

▶ Reply to This

Permalink Reply by Doug on February 21, 2009 at 8:07am

No, we don't have this law. All you need in PA is EVOC training and in-house training on how to drive and operate. No CDL required to go to or from an incident.

▶ Reply to This

Permalink Reply by Justin Chunn on February 21, 2009 at 12:20pm

Actually it is federal law that ALL VEHICLES with a gross weight of more than 26,001 pounds requires the operator to have a CDL, unless your state has an exemption for the fire department. Not many states have these exemptions when you are driving back to the station from a call. New Mexico does have what they call a Class E license, which is the same thing as a CDL but it only applies to emergency vehicles. So if you have a New Mexico Class E license you can drive the fire trucks back and forth to the station and be legal, but you can't go get in a tractor-trailer rig and be legal


I suggest everyone start checking into the laws in your state, i think you will be surprised.

▶ Reply to This

Permalink Reply by Doug on February 21, 2009 at 12:33pm

Right, I should have explained more in depth. PA is exempt from federal law when it comes to operating emergency vehicles and having to have a CDL.

▶ Reply to This

Permalink Reply by Rhys Emery on February 21, 2009 at 10:32pm

Justin Iam from Oregon and we have that exemption in my state.
On the back of my license it clearly states. "ClASS: C- Any vehicle with a GVWR of not more than 26,000 pounds with the proper endorsements. ANY emergeny vehicle operated by a firefighter.
Other states could have similar waivers.

▶ Reply to This

Permalink Reply by Ed Bordell on February 22, 2009 at 9:37pm

Thought it was gross wt of 33,000lb.

▶ Reply to This

Permalink Reply by John Rulli Jr. on February 22, 2009 at 4:07am

There is no law in the state of PA that says FFs need a CDL to drive fire apparatus. The Chief has to give a driver card to all drivers that states what they can drive. That info. comes from a PSP Fire Marshal.

▶ Reply to This

• First
• Previous
• Next
• Last