LEGISLATION INTRODUCED TO REVERSE CDL REQUIREMENT FOR FIREFIGHTERS Mike McCagg ccSCOOP News 03-04-09 - Legislation has been introduced in the State Senate and the Assembly that would allow firefighters in Columbia County and across the state to operate fire trucks without a commercial driver’s licence. This comes just weeks after a four-year-old law that severely restricts who can operate emergency vehicles came to light.

Sponsored by Senator Brian Foley (D-Brookhaven) and Assemblyman Tim Gordon (R-Bethlehem), whose district includes the northern tier of Columbia County, the legislation would reverse a 2005 law that prohibits anyone who does not have a commercial drivers license (CDL) from operating a fire truck when not responding to an emergency call. Another bill, sponsored by Assemblyman Robert Sweeney (D-Lindenhurst), seeks the same action.

The law, which came to light only about three weeks ago, sent shockwaves through the emergency responder community because most volunteer firefighters—as well as paid firefighters—in New York do not possess CDLs. Instead they receive training from their fellow firefighters and through state fire school courses, such as Emergency Vehicle Operations, which prepares them for the intricacies of operating the several-ton vehicles in a safe manner. If not reversed, the law could significantly impact the fire services across the state and place property owners and firefighters at risk.

The new legislation is currently being reviewed by the Senate and Assembly transportation committees.

While a spokesman for Gordon said on Tuesday he doesn’t have a timeframe for the legislation moving forward to a vote of the full legislature, Assemblyman Marc Molinaro (R-Tivoli), a co-sponsor of the bill, said that, given the bipartisan support for the legislation, he expects that it will move forward quickly.

“It’s a ridiculous requirement that could have a significant impact on the volunteer fire service,” said Molinaro, who was formeraly an active volunteer firefighter and still maintains associate status with the Tivoli Fire Company.

After being voted on, the legislation would take effect immediately.

While waiting for the legislation to make its way to the floor of the Assembly and Senate and to be signed by Governor David Paterson, local fire companies are taking a cautious approach.

Deputy County Fire Coordinator Bill Hunt said many companies in the county are not declaring that an emergency is over or turning off their emergency lights until the vehicles are back at the station. “It’s one way of protecting themselves,” he said.

Others, though, note that this practice may not provide a full shield of legal protection for firefighters. Legal culpability in the event of an accident is the primary concern expressed by many firefighters since the legislation became known.

“The threat of a lawsuit is out there,” said one longtime firefighter who declined to be named.

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