New York § 214 - 214Exemptions

§ 214. 214Exemptions

§ 214. Exemptions. a. The commissioner shall adopt rules and regulations establishing when the provisions of this article shall not apply, which rules and regulations shall conform, as applicable, to paragraphs (b) through (r) of section 395.1 of title 49 of the code of federal regulations as such regulations may be amended from time to time. b. Notwithstanding the provisions of subdivision a of this section, the provisions of this article shall not apply to the operation of a motor truck in intrastate commerce 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, creamery, or place of storage, nor to the operation of tow trucks in intrastate commerce while responding to requests to provide roadside service or to remove wrecked, disabled, abandoned or illegally parked motor vehicles. c. The provisions of this article shall not apply nor shall hours of service accrue to a driver of a utility service vehicle. For purposes of this article, utility service vehicle means any motor truck: (1) 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; (2) 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 (3) 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.