New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter A - DRIVER LICENSING AND TRAINING
Part 3 - Drivers' Licenses
Section 3.10 - Exemptions and miscellaneous provisions

(a) A fire or police vehicle other than a motorcycle or a fire and police vehicle combination may be driven with any class license other than a DJ, M or MJ license. A police or fire motorcycle may be driven only with a class M license. For the purposes of this Part, fire vehicle shall mean a fire vehicle as defined in Vehicle and Traffic Law, section 115-a and a police vehicle shall mean a police vehicle as defined in Vehicle and Traffic Law section 132-a. A fire or police vehicle shall not be considered a commercial motor vehicle, as defined in Vehicle and Traffic Law, section 501-a(4)(a), only if such fire or police vehicle is engaged in emergency operation, and defined in Vehicle and Traffic Law, section 114-b.

(b) A vehicle or combination of vehicles which is registered pursuant to Schedule F of subdivision 7 of section 401 of the Vehicle and Traffic Law commonly referred to as a special purpose commercial vehicle and any vehicle which is registered with governmental plates which would qualify for registration under Schedule F may be driven with any class license other than a DJ, M or MJ, except that any such vehicle or combination of vehicles which has a GVWR or GCWR of more than 26,000 lbs. and which can be operated at normal highway speeds shall be a commercial motor vehicle and may be operated only with a CDL which permits the operation of that type of vehicle or combination.

(c) A motor vehicle, other than a bus, used for the purpose of transporting school children on a contract or fee basis, but not used in the business of transporting passengers for hire generally, is not considered a taxicab or livery by reason of such operation.

(d) For the purposes of this Part, any military vehicle or combination of military vehicles operated by a member of the armed forces, may be operated with any license other than a DJ, M or MJ. For the purposes of this subdivision, the term member of the Armed Forces shall include active duty military personnel; members of the reserve components of the Armed Forces; members of the National Guard on active duty, including personnel on full time active guard duty, personnel on part-time National Guard training, and National Guard military technicians (civilians who are required to wear military uniforms); and active duty United State Coast Guard personnel. The term shall not include United States reserve technicians.

(e) For the purposes of this Part, an ambulance is not regarded as a taxicab or livery and may be driven with any class license other than a class DJ, M or MJ license, if such ambulance is used to provide emergency medical services as defined in section 3003 of the Public Health Law.

(f) For the purposes of this Part, the seating capacity of any vehicle shall be determined each time the vehicle is being operated. Seating capacity shall be the greater of the number of passengers, other than the driver, using either designed adult passenger capacity or actual passenger usage criteria. Designed adult passenger capacity shall be based on 16 seat inches per passenger for seats accommodating one or two passengers and 17 seat inches per passenger on a bench-type seat accommodating three or more passengers. Actual passenger usage shall be based upon the greatest number of passengers being transported in the vehicle at any one time during the course of a trip or run.