The New York State Legislature and Governor David Paterson recently approved legislation repealing previous legislation that prohibited firefighters without a Commercial Driver’s License (CDL) from driving most fire apparatus unless they were responding to an emergency call. The legislation, as it was originally structured, had the effect of allowing a firefighter to drive a truck to an emergency but not to drive it back to the station.

“[The repeal] took care of the immediate emergency,” said Stephen Liss, counsel to Assemblyman Robert Sweeney (D-Lindenhurst) who sponsored the repeal. “Now we will work as fast as humanly possible” to address the remaining problem—the legislation that prevents firefighters from driving their trucks to get fuel, to take part in parades, or more importantly, to train.

State lawmakers have worked in recent months to repeal a 2005 law that only came to light in February 2009 which prohibited anyone who does not have a CDL from operating a fire truck when not responding to an emergency call.

The law sent shockwaves through the emergency responder community because most volunteer firefighters—as well as most 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.

Locally, firefighters decried the law, saying it was another “nail in the coffin” of volunteer firefighters. As recently as last week, fire departments in the county were discussing the possibility of paying for CDL training and licenses, which could mean a combined cost of more than $1,000 per person for their members. “It is a ridiculous law,” said Deputy Columbia County Fire Coordinator Bill Hunt.

Liss said the repeal didn’t fully address the problem because of concern among state lawmakers about losing federal highway aid. The lawyers said certain aspects of the highway aid are tied to CDL requirements. “Everybody’s being very careful so as to not impact our eligibility for federal highway funds,” said Liss.

Officials with the Firemen’s Association of the State of New York and other organizations lobbying to change the legislation, however, note that several—if not all—states have legislation in place that allows firefighters to drive trucks without having a CDL.