2010 New York Code
TRA - Transportation
Article 2 - (10 - 22) POWERS, DUTIES AND JURISDICTION OF THE DEPARTMENT OF TRANSPORTATION
14-F - Transportation of hazardous materials.

§ 14-f. Transportation  of hazardous materials. 1. The commissioner of
  transportation  is  hereby  authorized  to   promote   safety   in   the
  transportation  of  hazardous  materials by all modes of transportation,
  and in connection therewith shall:
    (a)  Have  the  power  to  make  rules   and   regulations   governing
  transportation  of  hazardous materials, which shall mean a substance or
  material in a quantity and form which may pose an unreasonable  risk  to
  health  and  safety  or  property  when  transported in commerce, by all
  modes. For purposes of this  section,  the  term  "hazardous  materials"
  shall include the following:
    (1) "Irritating material" which shall mean a liquid or solid substance
  which  upon contact with fire or when exposed to air gives off dangerous
  or intensely irritating fumes such as  benzylcyande,  chloracetophenone,
  diphenylaminechlorarsine,  and  diphenyl  chlorarsine, but not including
  any poisonous material, Class A;
    (2) "Poison A" which shall mean those poisonous gases  or  liquids  of
  such  nature  that  a  small  amount  of the gas, liquid or vapor of the
  liquid, when in contact with air is  dangerous  to  life.    This  class
  includes   the   following:  bromacetone,  cyanogen,  cyanogen  chloride
  containing less than 0.9 percent water, diphosgene,  ethyldichlorarsine,
  hydrocyanic  acid,  methyldichlorarsine,  nitrogen peroxide (tetroxide),
  phosgene  (diphosgene),  nitrogen  tetroxide  -  nitric  oxide  mixtures
  containing up to 33.2 percent weight nitric oxide;
    (3)  "Poison  B"  which  shall  mean those substances, liquid or solid
  (including pastes and  semi-solids),  other  than  Class  A  poisons  or
  irritating  materials,  which are known to be so toxic as to be a hazard
  to health;
    (4) "Corrosive materials"  which  shall  mean  those  acids,  alkaline
  caustic  liquids  and  other  corrosive  liquids or solids which when in
  contact with living tissue, will cause severe damage of such  tissue  by
  chemical  action;  or  in the case of leakage, will materially damage or
  destroy other freight by chemical action; or are liable  to  cause  fire
  when in contact with organic matter or with certain chemicals that cause
  visible  destruction  or irreversible alteration in human skin tissue at
  the site of contact;
    (5) "Oxidizing materials" which shall mean those substances such as  a
  chlorate,  permanganate,  peroxide,  or  a  nitrate,  that yields oxygen
  readily to stimulate the combustion of organic matter;
    (6) "Flammable solids" which shall mean any solid material, other than
  one designated an explosive, as further defined in this  section,  which
  under   conditions  incident  to  transportation,  cause  fires  through
  friction, through absorption of moisture, through  spontaneous  chemical
  changes,  or  as  a  result  of  retained heat from the manufacturing or
  processing.  Included in this class are  spontaneously  combustible  and
  water-reactive materials;
    (7) "Flammable liquids" which shall mean any liquid, except any liquid
  meeting  the  definition  of  subparagraph  nine,  ten or eleven of this
  paragraph, which gives off flammable vapors below a temperature  of  one
  hundred degrees Fahrenheit;
    (8)  "Radioactive  materials"  which  shall  mean  irradiated  nuclear
  reactor fuel and the waste by-products of reprocessed irradiated nuclear
  reactor fuel and any other material or  combination  of  materials  that
  spontaneously   emits  ionizing  radiation  which  the  commissioner  of
  transportation determines by regulation to present significant potential
  threat to public health and safety;
    * (9) "Liquefied compressed gas" which  shall  mean  a  gas  liquefied
  through  compression and under charged pressure is partially liquid at a
  temperature of seventy degrees Fahrenheit;

* NB there are 2 (9)'s
    * (9)  "Regulated medical waste" which shall be defined as provided in
  subdivision one of section 27-1501  of  the  environmental  conservation
  law.
    * NB There are 2 (9)'s
    (10)  "Cryogenic liquid" which shall mean a refrigerated liquefied gas
  having a boiling point colder than  minus  one  hundred  thirty  degrees
  Fahrenheit (minus ninety degrees centigrade) at one atmosphere absolute;
    (11)  "Flammable  compressed  gas"  which  shall  mean any material or
  mixture having in the container an  absolute  pressure  exceeding  forty
  p.s.i.  at seventy degrees Fahrenheit, or, regardless of the pressure at
  seventy degrees Fahrenheit, having an absolute  pressure  exceeding  one
  hundred  four  p.s.i.  at  one hundred thirty degrees Fahrenheit, or any
  liquid flammable material having a vapor pressure exceeding forty p.s.i.
  absolute at one hundred degrees Fahrenheit as determined  by  ASTM  test
  D-323, if any one of the following occurs:
    (i) either a mixture of thirteen percent or less, (by volume) with air
  forms  a flammable mixture or the flammable range with air is wider than
  twelve percent regardless of the lower  limit.  These  limits  shall  be
  determined at atmospheric temperature and pressure;
    (ii) using the bureau of explosives, association of American railroads
  flame projection apparatus, the flame projects more than eighteen inches
  beyond  the ignition source with valve open fully, or, the flame flashes
  back and burns at the valve with any degree of valve opening;
    (iii)  using  the  bureau  of  explosives,  association  of   American
  railroads  open  drum apparatus, there is any significant propagation of
  flame away from the ignition source;
    (iv) using the bureau of explosives, association of American railroads
  close drum apparatus, there is any explosion of the vapor-air mixture in
  the drum; and
    (12) Other identical or similar substances which shall  from  time  to
  time  be  identified  by the commissioner of transportation by rules and
  regulations promulgated pursuant to  this  section  as  being  hazardous
  materials,  provided,  however, that this section shall not apply to the
  regular military or naval forces of the United States; nor to  the  duly
  authorized  militia of any state or territory thereof; nor to the police
  or fire departments of this state, or of its  counties,  cities,  towns,
  villages,  agencies  or instrumentalities, providing the same are acting
  within their official capacity and in the performance of their duties.
    Such rules and regulations shall  be  no  less  protective  of  public
  safety  than  the  rules  and  regulations  promulgated  by  the federal
  government with respect to the transportation  of  hazardous  materials.
  The  regulations  shall  set  forth  the  criteria  for  identifying and
  listing, and a list of hazardous materials subject to  this  section  as
  may  be  amended by the commissioner of transportation from time to time
  in a manner consistent with the state administrative procedure  act  and
  consistent   with   this   section.   Such   regulations  shall  include
  specifications for  marking  and  placarding  of  vehicles  transporting
  hazardous  materials  as  will  be  applied pursuant to paragraph (a) of
  subdivision three of this section. The regulations promulgated hereunder
  shall include notice that a violation of the rules  and  regulations  is
  subject  to  a  fine  or  a  period  of  imprisonment, and the rules and
  regulations  shall  set  forth  the  penalty  provisions  contained   in
  subdivision four of this section. Provided, however, that all local laws
  or ordinances, except those of cities having a population of one million
  or  more,  regulating the transportation of flammable liquids in trucks,
  trailers or semi-trailers, are hereby superseded and without  force  and
  hereafter no such local law or ordinance shall be adopted to regulate or

control  the  equipment  or  means  of transporting flammable liquids in
  trucks, trailers or semi-trailers.
    For  the purposes of this section, a "vehicle" shall mean every device
  in which property may be transported upon a highway, stationary rails or
  tracks, or on the navigable waterways of the state.
    (b) Have power to enforce said rules and regulations through  the  use
  of department staff or others pursuant to cooperative agreement.
    (c)  Have  power  and  is  hereby authorized to enter into cooperative
  agreements with agencies of this and other states  and  of  the  federal
  government in relation to enforcement of said rules and regulations.
    (d)   Consult   with   and  receive  the  full  cooperation  from  the
  commissioner of environmental conservation and other agencies  in  order
  to aid the commissioner of transportation in establishing an information
  system capable of identifying the amount and type of hazardous materials
  transported  in  New  York,  and  the methods used for transporting such
  materials.  This system shall be established and maintained in order  to
  assess   the   volume   and  potential  danger  of  hazardous  materials
  transported in commerce, by all modes.
    (e) Establish and publicize, after consultation with the  commissioner
  of  environmental  conservation,  a  public education program to provide
  publications  and  technical  assistance   regarding   the   regulations
  governing the transportation of hazardous materials.
    (f)  Develop a training program for the state police and environmental
  conservation officers in order to aid such officers in  the  enforcement
  of the rules and regulations made pursuant to this section.
    2.  It  shall  be  unlawful  for  any  person,  corporation,  company,
  association, partnership or any officer or agent thereof to transport or
  cause to be transported hazardous materials in violation  of  the  rules
  and  regulations  promulgated  by  the  commissioner  pursuant  to  this
  section.
    3. (a) It shall be unlawful  for  any  person,  corporation,  company,
  association,  partnership  or any officer or agent thereof to operate or
  cause to be operated in this  state  a  vehicle  transporting  hazardous
  materials  unless  the  vehicle  is conspicuously marked or placarded to
  identify the material transported or its principal hazard  in  a  manner
  specified  in rules and regulations promulgated by the commissioner that
  are consistent with related  federal  requirements;  provided  that  the
  commissioner may, by rules and regulations prescribe with respect to any
  specific  hazardous  materials  the  minimum  quantities  below which no
  placard shall be required.
    (b) It  shall  be  unlawful  for  any  person,  corporation,  company,
  association,  partnership  or any officer or agent thereof to operate or
  cause to  be  operated  in  this  state  a  vehicle  transporting  those
  hazardous  wastes  identified  and listed pursuant to section 27-0903 of
  the environmental conservation law or those regulated wastes listed  and
  defined  pursuant  to  section 27-0303 of the environmental conservation
  law unless such person complies with the requirements applicable to  the
  transport  of  such  wastes  as set forth in article twenty-seven of the
  environmental conservation law and any rules and regulations promulgated
  thereunder.
    4. (a) Except as provided in paragraph (b) of  this  subdivision,  any
  person, corporation, company, association or partnership found guilty of
  violating  any  such  rule  or  regulation  shall be guilty of a traffic
  infraction, and all of the provisions of the vehicle  and  traffic  law,
  except  as  otherwise  specifically provided herein, shall be applicable
  thereto, and shall be subject to a fine of not less than  three  hundred
  fifty  dollars nor more than one thousand dollars for the first offense,
  and upon being found guilty of a second or subsequent offense  committed

within  eighteen  months by a fine of not less than one thousand dollars
  nor more than two thousand five hundred dollars, or by imprisonment  for
  not  more than ninety days or by both such fine and imprisonment. Except
  as  otherwise provided by law, such a violation shall not be a crime and
  the penalty or punishment imposed therefor shall not be deemed  for  any
  purpose  a  criminal  penalty  or  punishment  and  shall not impose any
  disability upon or affect or impair the credibility  as  a  witness,  or
  otherwise, of a person found guilty thereof; provided, however, that any
  person transporting hazardous waste in violation of article twenty-seven
  of  the environmental conservation law shall be subject to the penalties
  provided in article seventy-one of such law.
    (b) Any person, corporation, company, association or partnership found
  guilty  of  violating  any  such  rules  or  regulations  involving   an
  out-of-service  defect  relating  to  brake systems, steering components
  and/or coupling devices shall be subject to a fine of not less than five
  hundred dollars nor more than one thousand five hundred dollars,  or  by
  imprisonment  for  not  more  than  sixty  days or by both such fine and
  imprisonment, and upon being found guilty  of  a  second  or  subsequent
  offense  committed within eighteen months by a fine of not less than one
  thousand five hundred dollars nor more than two  thousand  five  hundred
  dollars,  or  by  imprisonment  for not more than ninety days or by both
  such fine and imprisonment.
    (c)  Operation  of  an  out-of-service  vehicle  shall  constitute   a
  misdemeanor  and  shall  be  punished  by  a  fine  of not less than two
  thousand five hundred dollars nor more than five thousand dollars, or by
  imprisonment for not more than  one  year  or  by  both  such  fine  and
  imprisonment.  A conviction for a second or subsequent offense committed
  within eighteen months shall constitute a class E felony  and  shall  be
  punished  by a fine of not less than three thousand five hundred dollars
  or by a period of imprisonment as provided in the penal law, or by  both
  such fine and imprisonment.
    (d)  If any person does not appear in response to an appearance ticket
  or the court's direction, or pay any fine imposed, the  commissioner  of
  motor  vehicles  shall  have  the  power  to suspend the registration or
  privilege of operation of any such vehicle operated or alleged  to  have
  been operated in violation of such rules and regulations.
    (e)  (i) Any complaint issued for an equipment violation, except for a
  violation involving an out-of-service defect or except for  a  violation
  involving  the  operation  of any motor vehicle after it has been placed
  out of service, shall be dismissed by the court before such  summons  is
  returnable if the violation as set forth in the summons is corrected not
  later  than  one-half  hour  after sunset on the first full business day
  after the issuance of the summons and proof of such  correction  as  set
  forth  in subparagraph (ii) of this paragraph is submitted to the court.
  For the purposes of this subparagraph, "business  day"  shall  mean  any
  calendar  day  except  Sunday,  or  the following business holidays: New
  Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor
  Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.
    (ii) Acceptable  proof  of  repair  or  adjustment  shall  consist  of
  submission  to  the court on or before the return date of the summons of
  (A) a statement  of  correction  from  an  officially  designated  state
  inspection station duly executed by the person performing or making such
  inspection  and  bearing  the  official  stamp  of  the state inspection
  station, (B) a statement of correction from an automobile repair shop on
  the letterhead of such repair shop duly executed by the person who  made
  the  correction  or  (C)  a  signed statement of any police officer or a
  department inspector that the necessary corrections have been made.  The
  statement  required  by this subparagraph shall be directed to the court

having jurisdiction of the alleged violation, shall be affirmed as  true
  under  penalty  of  perjury,  and shall include the name, occupation and
  position of the person making the statement, the time and date that  the
  repairs  or  inspection  were  made  and  a statement that the defective
  equipment, cited in the violation, on the vehicle  in  question,  is  in
  proper working order.
    5.  With  respect  to  the  transportation  of  radioactive materials,
  nothing in this section shall be construed to  abrogate  or  effect  the
  provisions   of  any  federal  or  state  statute  or  local  ordinance,
  regulation or resolution  which  are  more  restrictive  than  or  which
  supersede the provisions of this section.
    6. Any police officer having lawfully stopped any vehicle which he has
  reason to believe is transporting hazardous materials or hazardous waste
  may  require  that such vehicle shall be driven to a place designated by
  such police officer to be inspected pursuant to the provisions  of  this
  section  and  the  rules  and regulations of the commissioner concerning
  transportation of hazardous materials  or  pursuant  to  title  nine  of
  article  twenty-seven  of  the environmental conservation law. Provided,
  however, that such place designated by such  police  officer  shall  not
  exceed a distance of five miles from the place at which such vehicle was
  stopped. Furthermore, that when such place designated by such officer or
  any  other  place  utilized  for inspection of vehicles pursuant to this
  section is a roadside rest area, such rest area shall be kept  open  for
  the use of the public to the extent practicable.