(a) The Commissioner of Transportation adopts part 390 of title 49 of the Code of Federal Regulations (CFR) with the same force and effect as though herein fully set forth at length for those motor carriers operating commercial motor vehicles in commerce.

1. (1) has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 4,537 kg (10,001 pounds) or more, whichever is greater; or
2. (2) is designed or used to transport more than eight passengers, including the driver for compensation; or
3. (3) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or

4. (4) is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. section 5103 and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 CFR, subtitle B, chapter I, subchapter C.

   (d) Farm plate vehicle.

   The term farm plate vehicle shall mean a motor vehicle, trailer or semitrailer registered pursuant to Vehicle and Traffic Law section 401(13) and when operated between points within New York State on public highways connecting portions of a farm or farms, municipal sanitary landfills and licensed motor vehicle repair shops, and traveling by the most direct route, but in no event further than 25 miles one-way from a point on the farm as designated by the vehicle owner and set forth in an attachment to the vehicle registration:

5. (1) between fields, buildings, and facilities managed or operated as part of a single farm enterprise in connection with the production, harvesting, processing or marketing on that farm of crops, livestock, or livestock products produced on that farm; or
6. (2) for the purpose of transporting materials from a farm to the nearest available municipal sanitary landfill; or

7. (3) for the purposes of transporting the motor vehicle, trailer or semi-trailer to a motor vehicle repair shop licensed pursuant to the Vehicle and Traffic Law for the repair or adjustment of equipment provided that, in addition to the route restrictions set forth in the Vehicle and Traffic Law, no such transport shall be authorized:

   1. (i) if such vehicle has an out-of-service defect relating to load securement, brake systems, steering components and/or coupling devices, or after it has been placed out-of-service;
   2. (ii) on any limited access highway; and

   3. (iii) during the period of one hour before sunset to one hour after sunrise.

      (e) Operation for repair.

      Motor carriers who are duly licensed as NYSDMV inspection/repair facilities and dealers may operate a commercial motor vehicle that they do not own and that contains no cargo solely for the purpose of conducting a road test in furtherance of repairs to the commercial motor vehicle without having a USDOT registration.

(b) Commerce.

The term commerce shall mean trade, traffic, commerce or transportation within the jurisdiction of New York State which affects trade, traffic, commerce or transportation within the State.

(c) Commercial motor vehicle.

For the purposes of this Part, excepting section 820.2, wherever in the provisions of title 49 CFR, herein adopted, reference is made to commercial motor vehicle such reference shall mean any self-propelled or towed motor vehicle used on a highway in commerce to transport passengers or property when the vehicle: