There is a newer version of the New York Consolidated Laws
2006 New York Code - Transportation And Delivery.
§ 27-4057 Transportation and delivery. a. Permit. Except as otherwise provided in subchapters one through twenty-seven of this chapter, it shall be unlawful to transport, store, sell, deliver or use within the city any petroleum or shale oil, or the liquid products of either, or of coal tar, without a permit. b. Containers. Petroleum and shale oil and the liquid products thereof, and of coal tar, except volatile flammable oils, may be transported only in the following named containers: 1. In tank cars or through supply pipes; 2. In steel, iron or wooden barrels or drums of a capacity not exceeding fifty-five gallons each; 3. In cans of a capacity not exceeding two and one-half gallons each, made of at least No. 32 B. W. G. tin or terne plate or equivalent metal, packed in substantial wooden cases or substantial paper cartons; 4. In cans exceeding two and one-half gallons and not exceeding five gallons capacity each, made of at least No. 30 B. W. G. tin or terne plate or equivalent metal, packed in substantial wooden cases or substantial paper cartons; 5. In metal containers, which need not be cased or boxed, if such containers shall be made of at least 24 U. S. standard gauge plate, other than plain black plate, and shall not exceed the capacity of five gallons each; 6. In safety cans of a type approved by the fire chief and commissioner; 7. Lubricating oils may also be transported in glass bottles of not more than one quart capacity. Such bottles shall be securely sealed with caps or cork stoppers; 8. In other containers of a type that may be approved by the fire chief and commissioner. c. Tank trucks and other vehicles. The provisions of this subdivision shall not be applicable to tank trucks, semi-trailers, and other vehicles described and used in the manner provided for in subdivisions d and f of this section. It shall be unlawful to transport on a public highway petroleum or shale oil, or the liquid product of either thereof, or of coal tar, in a tank truck or other vehicle or to fill or load a tank truck or other vehicle with such products, or to deliver such products in or from a tank truck or other vehicle unless it be of a type constructed and equipped in accordance with the requirements of the commissioner, and for which a fire department permit or other fire department authorization has been issued and is displayed pursuant to this chapter and the regulations of the commissioner. A person holding a certificate of fitness shall be in charge of each tank truck, semi-trailer or other vehicle and it shall be his or her duty to see that all safety devices are in place and in proper working order; that the truck is properly grounded when filling or discharging; and all pipe connections and fill cap covers are oil tight. Such person shall produce on demand of any representative of the fire department or police department the inspection card which shall be the property of the fire department. Such inspection card shall be kept in a safe place on the truck. d. Exemptions and exceptions. Notwithstanding any provision of this section or any other provision of law, no permit shall be required to transport on a public highway or street, petroleum or shale oil, or the liquid product of either thereof, or of coal tar, in a tank truck, semi-trailer or other vehicle designed, constructed and equipped in accordance with the general design and construction requirements of the regulations of the federal department of transportation governing the transportation of dangerous articles by common, contract and private
carriers engaged in interstate commerce which are applicable to such vehicles and tanks used to carry flammable liquid, and all amendments and supplements of and to such regulations hereafter duly enacted provided that such tank truck, semi-trailer or other vehicle is traveling on such highway or street for the purpose of going to or from New Jersey by way of the Goethals bridge to or from that area bounded on the north by Old Place creek and Forest avenue, on the east by Old Place creek, Braisted's creek, Hughes avenue and Hughes avenue projected north to Lambert's lane, and Bloomfield road, on the south by Bloomfield avenue, River road, Balls or Merrells creek, and Prall's river, on the west by Prall's river and Arthur Kill or Staten Island sound or by the pier and bulkhead line established by the United States government and approved by the secretary of war on the fourth day of March, eighteen hundred ninety of the Arthur Kill or Staten Island sound; comprising seven hundred acres more or less; and provided further that such tank truck, semi-trailer or other vehicle shall be traveling only on Western avenue or Forest avenue or Goethals road or such streets or avenues or roads as may hereafter replace such avenues or roads for the purpose of traversing between such area and the Goethals bridge, for a distance not exceeding two miles. Each such vehicle shall be in charge of a responsible person whose duty it will be to see that all required safety devices are in place and in proper working order; that the vehicle is properly grounded when filling or discharging; and that all pipe connections and fill cap covers are oil tight; and each such vehicle shall carry a permit or license or certification plate issued or carried pursuant to the regulations of the federal department of transportation. e. Interstate transportation. Interstate transportation of petroleum or coal tar, or the liquid product thereof, in tank trucks or other vehicles, with no pick-up or delivery made in the city of New York, shall be in accordance with routes and time as prescribed by the commissioner, when such transportation is in a tank truck or other vehicle which does not conform to fire department requirements. f. Notwithstanding any provision of this section or any other provision of law, no permit or other fire department authorization shall be required to transport on a public highway or street raw or finished petroleum, shale oil, coal tar or liquid products thereof with a flashpoint over three hundred degrees Fahrenheit, except fuel oils, when tested in a Tagliabue open cup tester, in a tank truck, semi-trailer or other vehicle designed, constructed, and equipped in accordance with the general designs and construction requirements of the regulations of the federal department of transportation governing the transportation of dangerous articles by common, contract, private and proprietary carriers engaged in interstate commerce which are applicable to such vehicles and tanks used to carry flammable liquids, and all amendments and supplements of and to such regulations hereinafter duly enacted provided that such tank truck, semi-trailer or other vehicle is used to deliver for manufacturing within the city the aforesaid raw petroleum or shale oil or liquid products thereof or is used for pick up within the city the aforesaid finished petroleum or shale oil or liquid products thereof for delivery outside the city. Each such vehicle shall be in the charge of a responsible person whose duty it will be to see that all required safety devices are in place, and in proper working order; that the vehicle is properly grounded when filling or discharging; and that all pipe connections and fill cap covers are oil tight and each vehicle shall carry a permit or license or certification plate issued or carried pursuant to the regulations of the federal department of transportation.
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