ALBANY – State legislators are working to reverse a 2005 amendment to vehicle and traffic law which requires volunteer firefighters to have a commercial drivers license in order to operate emergency vehicles.
“Our volunteer first responders risk their lives to protect our families, homes and businesses. They also take part in numerous community events. Correcting this glitch in the law is essential to continuing these valuable services,” said NYS Senator James Seward in a statement issued last week.
Seward was one of 25 sponsors to a bipartisan bill introduced in the senate which will amend the vehicle and traffic laws to once more allow volunteer firefighters to drive fire trucks and other emergency vehicles without a CDL.
Similar legislation has been introduced in the State Assembly by Assemblyman Bob Sweeney, representing Suffolk County’s 11th District. Assemblymen Cliff Crouch and Pete Lopez have co-sponsored that piece of legislation, which is currently in committee.
While Crouch, who is often recognized for his support of the volunteer fire service, said he is committed to getting the issue resolved he noted there was still some trepidation in Albany.
“There is some reluctance to move forward if we are going to jeopardize our federal transportation funding,” he explained.
Until four years ago, members of the volunteer fire service could legally operate fire apparatus provided they had completed the mandatory Emergency Vehicle Operation Course (EVOC) and were signed off by their local fire chief, explained Chenango County Fire Coordinator Matt Beckwith. Then, in 2005, federal Department of Transportation mandates changed. In order to safeguard their federal funding, New York State was forced to comply with these new regulations.
For fire departments, this meant that non-CDL drivers could only drive fire vehicles to the scene of a fire or emergency, but not back to the station after the call. Nor could they drive a vehicle for refueling or maintenance, or participate in training exercises, community activities or fire prevention events.
Beckwith said the state regulations, which he called “ridiculous,” were enacted without consulting any of the organization which represent the volunteer fire service in New York.
“This puts us in a very difficult situation,” Beckwith reported. “It’s been pretty hard for a lot of departments in our county, and across the state of New York.”
His concerns are echoed by Oxford Fire Chief Ron Martin.
“It had the potential to be crippling for some departments,” reported Martin. “Nobody wants to hear that.”
While he said his department was in a better position than most, with 6 to 10 volunteers having a CDL for their “day job,” there was still no guarantee that one of those commercially licensed drivers would be able to respond to any given call. “It was nerve-wracking,” he said.
Departments, especially smaller ones, were put in a “Catch 22,” according to Martin. “We have a duty to act, but they (the state) are making it impossible to act,” he explained.
New York’s volunteer fire departments did get some relief earlier this year, when legislators included language in the state budget to allow non-CDL licensed drivers to return trucks to a station after a call.
“Things are looking up,” Martin said, but he believes more change is needed to make sure volunteer departments are able to function fully in the long term.
“We’re still in a predicament,” he reported, citing the ways local departments are still constrained by the current law.
The Oxford chief isn’t the only one concerned.
“It’s going to hinder us like everybody else,” said Norwich Fire Chief Tracy Chwago. Of his departments 52 active career and volunteer firefighters, he said 8 to 10 have a CDL. Training is his biggest concern.
“Technically, they can’t take training on that apparatus without a CDL,” Beckwith explained. That means the volunteers who can now legally drive to and from a fire aren’t able to participate in the EVOC training, which ensures they are ready to handle the apparatus in challenging road and weather conditions while also dealing with the adrenaline, stress and emotion of responding to an emergency call.
“Someone who hasn’t done their required hours of training is not going to be prepared,” the county fire coordinator said.
Martin said he is grateful to local legislators who are working to resolve the licensing issues. He, Beckwith, Chwago and other members of the local fire service have been advocating for change in Albany, as have organizations like the New York State Association of Fire Chiefs and the Firemen’s Association of the State of New York.
“I’m confident it will be resolved relatively quickly,” said Chwago.