There is a newer version of the New York Consolidated Laws
2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 3 - SAFETY RESPONSIBILITY; FINANCIAL SECURITY; EQUIPMENT; INSPECTION; SIZE AND WEIGHT; AND OTHER PROVISIONS
Article 10 - (385 - 386) DIMENSIONS AND WEIGHTS OF VEHICLES
385 - Dimensions and weights of vehicles.
NY Veh & Traf L § 385 (2012) What's This?
§ 385. Dimensions and weights of vehicles. No person shall operate or
move, or cause or knowingly permit to be operated or moved on any
highway or bridge thereon, in any county not wholly included within a
city, any vehicle or combination of vehicles of a size or weight
exceeding the limitations provided for in this section. Except as
otherwise specifically provided in subdivision fifteen of this section,
no person shall operate or move, or cause or knowingly permit to be
operated or moved on any highway or bridge thereon, in any city not
wholly included within one county, any vehicle or combination of
vehicles of a size or weight exceeding the limitations provided for in
the rules and regulations of the city department of transportation of
such city adopted pursuant to section sixteen hundred forty-two of this
chapter.
1. (a) (i) The width of a vehicle, inclusive of load, shall be not
more than ninety-six inches plus safety devices, except that the maximum
width of a vehicle, inclusive of load, shall be one hundred two inches,
plus safety devices, on any qualifying or access highway. Except in a
city not wholly included within one county, the maximum width of a
vehicle, inclusive of load shall not be more than one hundred two inches
plus safety devices on any other highway with traffic lanes designed to
be a width of ten feet or more.
(ii) If the legislative body of a county not wholly contained within a
city determines that any specific segment of the state highway system is
not capable of safely accommodating motor vehicles with a width of one
hundred two inches, plus safety devices, such body may notify the
commissioner of transportation of such determination and request that
the commissioner designate such segment as one where the width of motor
vehicles may not exceed ninety-six inches, plus safety devices.
Before making such notification, such county legislative body shall
consult with units of local government within the county in which the
specific segment of such system is located, as well as the county
legislative body of any county adjacent to the requesting county that
might be directly affected by such exemption. As part of such
consultations, consideration shall be given to any potential alternative
route that:
(A) can safely accommodate motor vehicles having the widths set forth
in this paragraph; and
(B) serves the area in which such segment is located.
The county legislative body shall transmit with such notification
specific evidence of safety problems that supports such determination
and the results of consultations regarding any alternative route.
If the commissioner of transportation determines, upon request by a
county legislative body or on the commissioner's own initiative, that
any segment of the state highway system is not capable of safely
accommodating motor vehicles having the widths set forth in this
paragraph, the commissioner shall exempt such segment from the
provisions of this paragraph.
(b) The provisions of paragraph (a) of this subdivision shall not
apply to vehicles and implements or combinations thereof, not over
twelve feet in width and used solely for farm purposes, except upon any
highway at any time on which operation is prohibited by order of the
department of transportation.
(c) The provisions of paragraph (a) of this subdivision shall not
apply to vehicles and implements or combinations thereof, between twelve
and up to seventeen feet in width, used solely for farm purposes when
the following requirements are met:
(i) the vehicle and implement or combination thereof is operated
during the period from one-half hour before sunrise to one-half hour
after sunset;
(ii) red or orange fluorescent flags not smaller than eighteen inches
square, and reflectors are placed on the extreme corners of the load;
(iii) two flashing amber lights in compliance with regulations
prescribed by the commissioner of transportation are attached to the
rear of the load or, if the vehicle hauling such implement is equipped
with hazard lights which are visible from the rear of the load, such
lights are flashing; and
(iv) if the vehicle or load extends beyond the center line of a
highway or if the vehicle is being operated during any time when, due to
rain, sleet, snow, hail, fog, insufficient light, or for any other
reason, visibility for a distance of one thousand feet ahead is not
clear, the vehicle is preceded by an escort vehicle which is equipped
with a warning sign and flashing lights in compliance with regulations
prescribed by the commissioner of transportation.
(d) The provisions of paragraph (a) of this subdivision shall not
apply to vehicles and implements or combinations thereof, not over
thirteen feet in width and designed and intended for use solely for farm
purposes when owned or in the possession of a dealer in farm implements
and equipment, during the same period and under the same conditions and
restrictions as set forth in paragraph (b) of this subdivision; nor
shall paragraph (a) of this subdivision apply to the transportation of
such vehicles, implements and combinations thereof as a load on another
vehicle, such vehicle and load not to exceed thirteen feet in width,
during the same period and under the same conditions and restrictions as
set forth in paragraph (b) of this subdivision.
(e) The provisions of paragraph (a) of this subdivision shall not
apply to omnibuses or buses used solely for the transportation of
children to and from school, but the width of such omnibuses shall not
exceed ninety-eight inches.
(f) Notwithstanding the provisions of paragraph (a) of this
subdivision, the maximum width for omnibuses or buses having a carrying
capacity of more than seven passengers shall not exceed one hundred two
inches, provided, however, that when omnibuses or buses are operated
wholly within a city, such city may, by local law or ordinance but
subject to paragraph (h) of this subdivision, limit the width of
omnibuses or buses to not more than ninety-eight inches.
(g) Notwithstanding the provisions of paragraph (a) of this
subdivision, racks for carrying hay, straw or unthreshed grain may have
a width of ten feet at the top of the rack. In no case shall the width
at the base of the rack exceed one hundred two inches, nor shall the
width of a rack exceed one hundred two inches at any portion thereof
while on any qualifying highway.
(h) Notwithstanding the provisions of paragraph (a) of this
subdivision, a house coach used for non-commercial purposes may exceed
the maximum width applicable on the highway upon which such house coach
is traveling if such excess width is wholly attributable to an awning
and its support hardware that is no less than seven and one-half feet
off the ground and extends no more than six inches beyond the body of
the vehicle on the passenger side and four inches beyond the body of the
vehicle on the driver's side. A fifth wheel trailer designed to provide
temporary living quarters for recreational, camping, or travel use not
to exceed four hundred square feet in the set-up mode and used for
non-commercial purposes may exceed the maximum width applicable on the
highway upon which such fifth wheel trailer is traveling if such excess
width is wholly attributable to an awning and its support hardware that
is no less than seven and one-half feet off the ground and extends no
more than six inches beyond the body of the vehicle on the passenger
side. This provision shall not apply to any city not wholly included
within one county except such house coaches and fifth wheel trailers
used for non-commercial purposes may be operated on that portion of
interstate ninety-five which connects interstate two hundred
eighty-seven with interstate two hundred ninety-five, that portion of
interstate two hundred ninety-five which connects interstate ninety-five
with interstate four hundred ninety-five and that portion of interstate
four hundred ninety-five between interstate ninety-five and the
Nassau-Queens county line.
(i) The commissioner of transportation may promulgate such rules and
regulations as shall be necessary or desirable to effectuate the
provisions of this subdivision.
2. The height of a vehicle from under side of tire to top of vehicle,
inclusive of load, shall be not more than thirteen and one-half feet.
Any damage to highways, bridges or highway structures resulting from the
use of a vehicle exceeding thirteen feet in height where such excess
height is the proximate cause of the accident shall be compensated for
by the owner and operator of such vehicle.
3. (a) The length of a single vehicle, inclusive of load and bumpers,
shall be not more than forty feet unless otherwise provided in this
subdivision.
(b) The length of a semitrailer or trailer shall not exceed
forty-eight feet provided, however, that the length of any trailer or
semitrailer being operated in combination with another trailer or
semitrailer shall not exceed twenty-eight and one-half feet. A B-train
assembly shall be excluded from the measurement of the length of a
semitrailer when such semitrailer is in use between the tractor and the
second semitrailer in a tractor-semitrailer-semitrailer combination of
vehicles.
(c) The length of buses having a carrying capacity of more than seven
passengers shall not exceed forty-five feet, except that the length of
articulated buses shall not exceed sixty-two feet. A house coach shall
not exceed forty-five feet in length, provided however, that if a house
coach exceeds forty feet in length, its wall-to-wall turning diameter
shall not exceed ninety feet three inches and moreover, such house coach
shall have permanently affixed to its body on the front passenger side
door jamb, a data-plate on which the house coach manufacturer indicates
the vehicle identification number and wall-to-wall turning diameter and
attests to the fact that the wall-to-wall turning diameter is calculated
in accordance with the Society of Automotive Engineers J-695 Standard as
such standard existed on June first, two thousand three, regarding
turning capability. In the event such a house coach exceeds either
twenty-six thousand pounds gross vehicle weight rating, is greater than
forty feet in length or exceeds both, the operator of such house coach
must have a driver's license with a personal use vehicle endorsement as
set forth in subparagraph (vii) of paragraph (b) of subdivision two of
section five hundred one of the this chapter. This provision shall not
apply to any city not wholly included within one county except such
house coaches and fifth wheel trailers used for non-commercial purposes
may be operated on that portion of interstate ninety-five which connects
interstate two hundred eighty-seven with interstate two hundred
ninety-five, that portion of interstate two hundred ninety-five which
connects interstate ninety-five with interstate four hundred ninety-five
and that portion of interstate four hundred ninety-five between
interstate ninety-five and the Nassau-Queens county line.
(d) The provisions of this subdivision shall not apply to fire
vehicles.
(e) Except in any city not wholly included within one county, any
semitrailer with a length in excess of forty-eight feet, but not
exceeding fifty-three feet, may be operated on any qualifying highway or
specifically designated access highway if the distance between the
kingpin of the semitrailer and the centerline of the rear axle does not
exceed forty-three feet and if the semitrailer is equipped with a
rear-end protective device of substantial construction consisting of a
continuous lateral beam extending to within four inches of the lateral
extremities of the semitrailer and located not more than twenty-two
inches from the surface as measured with the vehicle empty and on a
level surface. In addition, such vehicles may be operated on that
portion of interstate ninety-five which connects interstate two hundred
eighty-seven with interstate two hundred ninety-five, that portion of
interstate two hundred ninety-five which connects interstate ninety-five
with interstate four hundred ninety-five and that portion of interstate
four hundred ninety-five between interstate ninety-five and the
Nassau-Queens county line.
(f) The length of any center panel of an altered livery shall not
exceed one hundred inches unless the owner of such vehicle can
demonstrate that the livery conforms to all applicable federal and state
motor vehicle safety standards at the time of registration in accordance
with section four hundred one of this chapter.
(g) The commissioner of motor vehicles in consultation with the
commissioner of transportation may promulgate such rules and regulations
as shall be necessary or desirable to effectuate the provisions of this
subdivision.
4. (a) The total length of a combination of vehicles, inclusive of
load and bumpers, shall not be more than sixty-five feet.
(b) The provisions of paragraph (a) of this subdivision shall not
apply to:
1. A combination of vehicles being operated on any qualifying highway
or access highway;
2. Vehicles of a corporation which is subject to the jurisdiction of
the interstate commerce commission, the public service commission or
other regulatory body and which are used in the construction,
reconstruction, repair or maintenance of its property or facilities,
provided that any such vehicle complies with the safety requirements of
the laws and regulations of the United States and of this state
pertaining to overlength vehicles;
3. Vehicles hauling poles, girders, columns, or other similar objects
of great length provided that any such vehicle complies with the safety
requirements of the laws and regulations of the United States and of
this state pertaining to such overlength vehicles;
4. Fire vehicles;
5. A vehicle or combination of vehicles which is disabled and unable
to proceed under its own power and is being towed for a distance not in
excess of ten miles for the purpose of repairs or removal from the
highway, except that the distance to the nearest exit of a
controlled-access highway shall not be considered in determining such
ten mile distance; and
6. Stinger-steered automobile transporters or stinger-steered boat
transporters, while operating on qualifying and access highways. Such
vehicles shall not, however, exceed seventy-five feet exclusive of an
overhang of not more than three feet on the front and four feet on the
rear of the vehicle.
(c) Notwithstanding the provisions of paragraph (a) of this
subdivision, an overhang of not more than three feet on the front and
four feet on the rear of an automobile transporter or stinger-steered
automobile transporter or a boat transporter or stinger-steered boat
transporter shall be permitted.
5. In determining the number of wheels and axles on any vehicle or
combination of vehicles within the meaning of this section, only two
wheels shall be counted for each axle, and axles which are less than
forty-six inches apart, from center to center, shall be counted as one
axle. However, in the case of multiple tires or multiple wheels, the sum
of the widths of all the tires on a wheel or combination of wheels shall
be taken in determining tire width.
6. The weight per inch width of tire on any one wheel of a single
vehicle or a combination of vehicles equipped with pneumatic tires, when
loaded, shall be not more than eight hundred pounds.
7. The weight on any one wheel of a single vehicle or a combination of
vehicles, equipped with pneumatic tires, when loaded, shall be not more
than eleven thousand two hundred pounds.
8. The weight on any one axle of a single vehicle or a combination of
vehicles, equipped with pneumatic tires, when loaded, shall be not more
than twenty-two thousand four hundred pounds.
9. The weight on any two consecutive axles of a single vehicle or a
combination of vehicles, equipped with pneumatic tires, when loaded, and
when such axles are spaced less than eight feet from center to center,
shall be not more than thirty-six thousand pounds, except where axles
are spaced eight feet or greater, but less than ten feet, the weight on
those two axles shall not exceed that permitted by paragraph (b) of
subdivision ten of this section and, in addition, shall not exceed forty
thousand pounds. Axles to be counted as provided in subdivision five of
this section.
10. A single vehicle or a combination of vehicles having three axles
or more and equipped with pneumatic tires, when loaded, may have a total
weight on all axles not to exceed thirty-four thousand pounds, plus one
thousand pounds for each foot and major fraction of a foot of the
distance from the center of the foremost axle to the center of the
rearmost axle. Axles to be counted as provided in subdivision five of
this section. In no case, however, shall the total weight exceed eighty
thousand pounds. For any vehicle or combination of vehicles having a
total gross weight less than seventy-one thousand pounds, the higher of
the following shall apply:
(a) the total weight on all axles shall not exceed thirty-four
thousand pounds plus one thousand pounds for each foot and major
fraction of a foot of the distance from the center of the foremost axle
to the center of the rearmost axle, or
(b) the overall gross weight on a group of two or more consecutive
axles shall not exceed the weight produced by application of the
following formula:
W = 500 ((LxN)/(N-1) + (12xN)+36)
where W equals overall gross weight on any group of two or more
consecutive axles to the nearest five hundred pounds, L equals distance
in feet from the center of the foremost axle to the center of the
rearmost axle of any group of two or more consecutive axles, and N
equals number of axles in group under consideration, except that two
consecutive sets of tandem axles may carry a gross load of thirty-four
thousand pounds each providing the overall distance between the first
and last axles of such consecutive sets of tandem axles is thirty-six
feet or more.
For any vehicle or combination of vehicles having a total gross weight
of seventy-one thousand pounds or greater, paragraph (b) shall apply to
determine maximum gross weight which is permitted hereunder.
10-a. (a) Notwithstanding the provisions of subdivisions seven, eight,
nine, ten, eleven and twelve of this section, the calculation of weight
pursuant to such subdivisions shall exclude the actual weight, not to
exceed four hundred pounds, of a fully-functioning idle reduction device
installed on a vehicle or combination of vehicles that are subject to
such subdivisions, provided that the operator of such vehicle: (i)
maintains written certification of the actual weight of such device and
acceptable proof that it is fully functional; and (ii) provides such
certification and proof, upon request, to a law enforcement officer or
any other officer or employee authorized to enforce this section.
Acceptable proof of the functionality of such device shall consist of
written certification from the manufacturer of such idle reduction
device, physical demonstration, or any other documentation acceptable to
the commissioner of transportation as may be set forth in regulations
promulgated by such commissioner after consultation with the
commissioner of environmental conservation.
(b) For the purposes of this subdivision, the following terms shall
have the following meanings: (i) "auxiliary power unit" shall mean an
integrated system that (A) provides heat, air conditioning, engine
warming, or electricity to components on a vehicle which is subject to
the provisions of this section and (B) is certified under part
eighty-nine of title forty of the code of federal regulations (as may
from time to time be amended) as meeting applicable emission standards;
and (ii) "idle reduction device" shall mean an auxiliary power unit or
other technology that is used to reduce long-duration idling (as such
term is defined in paragraph seven of subdivision (a) of section 16104
of the United States code as may from time to time be amended) and
allows for the main drive engine or auxiliary refrigeration engine to be
shut down.
11. A vehicle or combination of vehicles equipped with any solid
rubber tires shall not have weights more than eighty per centum of those
permitted in this section for pneumatic tires. Notwithstanding the
provisions of this section, vehicles equipped with solid rubber tires
and registered in this state prior to January first, nineteen hundred
thirty-two shall be permitted to operate until January first, nineteen
hundred thirty-three under tire and axle loadings prescribed by chapter
four hundred ninety-eight of the laws of nineteen hundred thirty.
12. Motor vehicles or vehicles drawn by motor vehicles when equipped
with metal tires shall not have weights more than forty percentum of
those permitted in this section for pneumatic tires.
13. For the purpose of this section, the width of pneumatic tires
shall be ascertained by measuring the greatest width of the tire casing
when tire is inflated. The width of solid rubber tires shall be
ascertained by measuring the width of the tire base channel or between
the flanges of the metal rim, provided that no vehicle equipped with
solid rubber tires shall be operated upon a public highway, which has at
any point less than one inch of rubber above the top or beyond the
flange or rim. The width of metal tires shall be ascertained by
measuring the width of contact of the tire with the road surface.
14. No person shall operate or move a vehicle or a combination of
vehicles over, on or through any bridge or structure on any highway if
the weight of such vehicle, or combination of vehicles, and load, is
greater than the posted capacity of the structure or exceeds the height
of the posted clearance as shown by an official sign.
15. Except where inconsistent with federal law, rules and regulations:
(a) The commissioner of transportation is hereby authorized to continue
to grant permits, and to charge fees therefor, for the operation or
movement of a vehicle or combination of vehicles having weights or
dimensions which exceed the limitations provided for in this section
upon any highway under his or her jurisdiction except that such permit
shall not be valid for the operation or movement of such vehicles on any
state or other highway within any city not wholly included within one
county. Such permits shall be issued in accordance with the terms and
conditions contained in rules and regulations governing special hauling
permits which have been or shall be promulgated by the commissioner of
transportation and which may include, but not be limited to, a
requirement that a vehicle or combination of vehicles being issued a
permit shall be accompanied by one or more escort vehicles which is
being operated by an individual having a valid escort certificate issued
by the commissioner. The commissioner of transportation is authorized to
promulgate rules and regulations governing the operation, use and
equipment of escort vehicles and the duties and responsibilities of the
operator of an escort vehicle. Any finding by the commissioner of
transportation that an individual has violated such rules and
regulations shall be grounds for the cancellation of an individual's
escort certificate and a penalty not to exceed five hundred dollars per
occurrence for the first violation and not to exceed one thousand
dollars per occurrence for each subsequent violation. Prior to issuing
such a finding, the commissioner of transportation shall afford an
individual the right to a hearing pursuant to section one hundred
forty-five of the transportation law. Such rules and regulations shall
take into consideration, but shall not be limited to, the safety of the
traveling public and the protection of the highways and the environment.
Such rules and regulations shall also contain a schedule of fees to be
charged for the issuance of such permits which fees shall cover, but
shall not be limited to, the costs to the department of transportation
for the administration of the permit program, and shall permit the
commissioner of transportation to levy a surcharge of up to twenty
dollars for the issuance and distribution of special hauling permits at
regional offices of the department of transportation. The annual vehicle
fee for a permit issued pursuant to subparagraphs (i), (ii), (ii-a) and
(iii) of paragraph (f) of this subdivision shall be three hundred sixty
dollars for vehicles with less than five axles, seven hundred fifty
dollars for vehicles with five or six axles and nine hundred dollars for
vehicles with seven or more axles. The annual vehicle fee for a permit
issued pursuant to subparagraphs (iv), (v), and (vi) of paragraph (f) of
this subdivision shall be four hundred eighty dollars for vehicles with
less than five axles and one thousand dollars for vehicles with five or
more axles. Additionally, the commissioner shall establish a fee
schedule for the permitting of extra non-power combination units that
may not exceed twenty-five dollars per vehicle and may offer discounts
for multi-trailer registrations. Such fees shall not be charged to
municipalities in this state. If the permit has routing requirements,
such rules and regulations shall provide that if the routing anticipates
the use of highways not under the jurisdiction of the commissioner of
transportation, then he or she shall immediately notify the municipality
or municipalities, having jurisdiction over such highway that an
application for a permit has been received and request comment thereon.
Said municipality or municipalities shall not have less than fifteen
days to comment. Such rules and regulations shall also contain any other
requirements deemed necessary by the commissioner of transportation.
(b) Upon application in writing and good cause being shown, the
department of transportation may issue a permit pursuant to this
subdivision to operate or move a vehicle or a combination of vehicles,
the weights or the dimensions of which exceed the limitations provided
for in this section upon any highway under its jurisdiction except that
such permit shall not be valid for the operation or movement of such
vehicles on any state or other highway within any city not wholly
included within one county. For any other public highway in any county
not wholly included within a city which is not on the state system of
highways the authority having jurisdiction over same may issue a similar
permit, provided that the fee charged for such permit shall not exceed
ten dollars.
(c) Upon application in writing and good cause being shown, the city
department of transportation of a city not wholly included within one
county may issue a permit pursuant to this subdivision to operate or
move a vehicle or a combination of vehicles the weights or the
dimensions of which exceed the limitations provided for in the rules and
regulations of the city department of transportation of such city upon
all highways within such city including highways which are on the state
system of highways. The rules and regulations of such city department of
transportation shall contain a schedule of fees to be charged for the
issuance of such permits which fees shall cover, but shall not be
limited to, the costs to the city for the administration of the permit
program. Such rules and regulations shall also contain any other
requirements deemed necessary by the city commissioner of
transportation.
(d) Except during storms, floods, fires or other public emergencies,
no such permit may be issued to include a towing operation involving
more than two vehicles except three vehicle combinations consisting of a
tractor, semitrailer and trailer or a tractor and two trailers within
legal weight and width limits proceeding to or from any qualifying
highway or access highway. Every such permit may designate the route to
be traversed and contain any other restrictions or conditions deemed
necessary by the issuing authority. Every such permit shall be carried
on the vehicle to which it refers and shall be open to the inspection of
any peace officer, acting pursuant to his special duties, or police
officer, or any other officer or employee authorized to enforce this
section. All permits issued shall be revocable by the authority issuing
them at the discretion of the authority without a hearing or the
necessity of showing cause. Except for a vehicle having a maximum gross
weight not exceeding eighty thousand pounds without regard to any axle
weight limitation set forth herein or the maximum gross weight
established by the formula commonly referred to as the bridge formula as
set forth in subdivision ten of this section and except for state or
municipally-owned single vehicles engaged in snow and ice control
operations, or designed or fitted for snow and ice control operations
while engaged in other public works operations on public highways which
do not exceed the weight limits contained in subdivision seventeen-a of
this section, no permit shall be issued to allow operation or movement
of any vehicle or combination of vehicles whose weight exceeds the
limitations otherwise prescribed in this section other than an annual
permit issued pursuant to paragraph (f) of this subdivision except upon
a finding by the department of transportation or the appropriate
authority, as the case may be, that the load proposed is of one piece or
item or otherwise cannot be separated into units of less weight
provided, however, that any such permit issued upon such finding shall
not be valid for the operation or movement of such vehicles on any state
or other highway within any city not wholly included within one county.
Bulk milk may be considered one piece or item.
(e) The department of transportation or the issuing authority, as the
case may be, shall establish criteria by rule or regulation under which
any vehicle, combination of vehicles, or specified cargoes in specified
circumstances or specified sites, routing or projects may be considered
one piece or item for the purpose of a permit under this subdivision.
(f) The department of transportation, or other issuing authority, may
issue an annual permit for a vehicle designed and constructed to carry
loads that are not of one piece or item, which is registered in this
state. Motor carriers having apportioned vehicles registered under the
international registration plan must either have a currently valid
permit at the time this provision becomes effective or shall have
designated New York as its base state or one of the eligible
jurisdictions of operation under the international registration plan in
order to be eligible to receive a permit issued pursuant to subparagraph
(i), (ii) or (ii-a) of this paragraph. No permit issued pursuant to this
paragraph shall be valid for the operation or movement of vehicles on
any state or other highway within any city not wholly included within
one county unless such permit was issued by the city department of
transportation of such city.
Effective January first, two thousand five, no vehicle or combination
of vehicles issued a permit pursuant to this paragraph shall cross a
bridge designated as an R-posted bridge by the commissioner of
transportation or any other permit issuing authority absent a
determination by such commissioner or permit issuing authority that the
permit applicant has demonstrated special circumstances warranting the
crossing of such bridge or bridges and a determination by such
commissioner or permit issuing authority that such bridge or bridges may
be crossed safely, provided, however, that in no event shall a vehicle
or combination of vehicles issued a permit under this paragraph be
permitted to cross a bridge designated as an R-posted bridge if such
vehicle or combination of vehicles has a maximum gross weight exceeding
one hundred two thousand pounds, and provided further, however, that
nothing contained herein shall be deemed to authorize any vehicle or
combination of vehicles to cross any such bridge within any city not
wholly included within one county unless such vehicle or combination of
vehicles has been issued a valid permit by the city department of
transportation of such city pursuant to this subdivision.
No vehicle having a model year of two thousand six or newer shall be
issued a permit pursuant to this paragraph unless each axle of such
vehicle or combination of vehicles, other than steerable or trackable
axles, is equipped with two tires on each side of the axle, any air
pressure controls for lift axles are located outside the cab of the
vehicle and are beyond the reach of occupants of the cab while the
vehicle is in motion, the weight on any grouping of two or more axles is
distributed such that no axle in the grouping carries less than eighty
percent of any other axle in the grouping and any liftable axle is
steerable or trackable; and, further provided, after December
thirty-first, two thousand fourteen, no permit shall be issued pursuant
to this paragraph to a vehicle of any model year that does not meet the
requirements of this provision, except that such permits may be issued
prior to January first, two thousand twenty to a vehicle that does not
meet the requirement concerning axle grouping weight distribution, but
meets all other requirements of this section.
A divisible load permit may only be transferred to a replacement
vehicle by the same registrant or transferred with the permitted vehicle
as part of the sale or transfer of the permit holder's business; or, if
the divisible load permit is issued pursuant to subparagraph (iv), (v)
or (vi) of this paragraph for use within the counties of Westchester,
Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess and has been
effective for the five years preceding a transfer of such permit, the
permit may be transferred with the permitted vehicle in the sale of the
permitted vehicle to the holder of a permit issued pursuant to
subparagraph (iv), (v) or (vi) of this paragraph for use within the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess.
If a permit holder operates a vehicle or combination of vehicles in
violation of any posted weight restriction, the permit issued to such
vehicle or combination of vehicles shall be deemed void as of the next
day and shall not be reissued for a period of twelve calendar months.
Until June thirtieth, nineteen hundred ninety-four, no more than
sixteen thousand power units shall be issued annual permits by the
department for any twelve-month period in accordance with this
paragraph. After June thirtieth, nineteen hundred ninety-four, no more
than sixteen thousand five hundred power units shall be issued annual
permits by the department for any twelve-month period. After December
thirty-first, nineteen hundred ninety-five, no more than seventeen
thousand power units shall be issued annual permits by the department
for any twelve-month period. After December thirty-first, two thousand
three, no more than twenty-one thousand power units shall be issued
annual permits by the department for any twelve-month period. After
December thirty-first, two thousand five, no more than twenty-two
thousand power units shall be issued annual permits by the department
for any twelve-month period. After December thirty-first, two thousand
six, no more than twenty-three thousand power units shall be issued
annual permits by the department for any twelve-month period. After
December thirty-first, two thousand seven, no more than twenty-four
thousand power units shall be issued annual permits by the department
for any twelve-month period. After December thirty-first, two thousand
eight, no more than twenty-five thousand power units shall be issued
annual permits by the department for any twelve-month period.
Whenever permit application requests exceed permit availability, the
department shall renew annual permits that have been expired for less
than four years which meet program requirements, and then shall issue
permit applicants having less than three divisible load permits such
additional permits as the applicant may request, providing that the
total of existing and new permits does not exceed three. Remaining
permits shall be allocated by lottery in accordance with procedures
established by the commissioner in rules and regulations.
The department of transportation may issue a seasonal agricultural
permit in accordance with subparagraphs (i), (ii) and (iii) of this
paragraph that will be valid for four consecutive months with a fee
equal to one-half the annual permit fees established under this
subdivision.
For a vehicle issued a permit in accordance with subparagraphs (iii),
(iv), (v) and (vi) of this paragraph, such a vehicle must have been
registered in this state prior to January first, nineteen hundred
eighty-six or be a vehicle or combination of vehicles which replace such
type of vehicle which was registered in this state prior to such date
provided that the manufacturer's recommended maximum gross weight of the
replacement vehicle or combination of vehicles does not exceed the
weight for which a permit may be issued and the maximum load to be
carried on the replacement vehicle or combination of vehicles does not
exceed the maximum load which could have been carried on the vehicle
being replaced or the registered weight of such vehicle, whichever is
lower, in accordance with the following subparagraphs:
(i) A permit may be issued for a vehicle having at least three axles
and a wheelbase not less than sixteen feet and for a vehicle with a
trailer not exceeding forty-eight feet. The maximum gross weight of such
a vehicle shall not exceed forty-two thousand five hundred pounds plus
one thousand two hundred fifty pounds for each foot and major fraction
of a foot of the distance from the center of the foremost axle to the
center of the rearmost axle, or one hundred two thousand pounds,
whichever is more restrictive provided, however, that any four axle
group weight shall not exceed sixty-two thousand pounds, any tridem axle
group weight shall not exceed fifty-seven thousand pounds, any tandem
axle weight does not exceed forty-seven thousand pounds and any single
axle weight shall not exceed twenty-five thousand pounds.
Any additional special authorizations contained in a currently valid
annual permit shall cease upon the expiration of such current annual
permit.
(ii) A permit may be issued subject to bridge restrictions for a
vehicle or a combination of vehicles having at least six axles and a
wheel base of at least thirty-six and one-half feet. The maximum gross
weight of such vehicle or combination of vehicles shall not exceed one
hundred seven thousand pounds and any tridem axle group weight shall not
exceed fifty-eight thousand pounds and any tandem axle group weight
shall not exceed forty-eight thousand pounds.
(ii-a) A permit may be issued subject to bridge restrictions for a
combination of vehicles having at least seven axles and a wheelbase of
at least forty-three feet. The maximum gross weight of such combination
of vehicles shall not exceed one hundred seventeen thousand pounds, any
four axle group weight shall not exceed sixty-three thousand pounds, any
tridem axle group weight shall not exceed fifty-eight thousand pounds,
any tandem axle group weight shall not exceed forty-eight thousand
pounds, and any single axle weight shall not exceed twenty-five thousand
pounds.
Each axle of such combination of vehicles, other than steerable or
trackable axles, shall be equipped with two tires on each side of the
axle, any air pressure controls for lift axles shall be located outside
the cab of the combination of vehicles and shall be beyond the reach of
occupants of the cab while the combination of vehicles is in motion, the
weight on any grouping of two or more axles shall be distributed such
that no axle in the grouping carries less than eighty percent of any
other axle in the grouping, and any liftable axle of such combination of
vehicles shall be steerable or trackable.
(iii) A permit may be issued for a vehicle having two axles and a
wheelbase not less than ten feet, with the maximum gross weight not in
excess of one hundred twenty-five percent of the total weight limitation
as set forth in subdivision ten of this section. Furthermore, until
December thirty-first, nineteen hundred ninety-four, any single rear
axle weight shall not exceed twenty-eight thousand pounds. After
December thirty-first, nineteen hundred ninety-four, any axle weight
shall not exceed twenty-seven thousand pounds.
(iv) Within a city not wholly included within one county and the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess, a permit may be issued for a vehicle having at least three
axles and a wheelbase not exceeding forty-four feet nor less than
seventeen feet or for a vehicle with a trailer not exceeding forty feet.
Until December thirty-first, nineteen hundred ninety-four, a permit
may only be issued for such a vehicle having a maximum gross weight not
exceeding eighty-two thousand pounds and any tandem axle group weight
shall not exceed sixty-two thousand pounds.
After January first, nineteen hundred ninety-five, the operation of
such a vehicle shall be further limited and a permit may only be issued
for such a vehicle having a maximum gross weight not exceeding
seventy-nine thousand pounds and any tandem axle group weight shall not
exceed fifty-nine thousand pounds, and any tridem shall not exceed
sixty-four thousand pounds.
A permit may be issued only until December thirty-first, nineteen
hundred ninety-four for a vehicle having at least three axles and a
wheelbase between fifteen and seventeen feet. The maximum gross weight
of such a vehicle shall not exceed seventy-three thousand two hundred
eighty pounds and any tandem axle group weight shall not exceed
fifty-four thousand pounds.
No vehicle having a model year of two thousand six or newer shall be
issued a permit pursuant to this subparagraph for use within the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess unless it is equipped with at least four axles, and further
provided, after December thirty-first, two thousand fourteen, no permit
shall be issued pursuant to this subparagraph for use within the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess to a vehicle of any model year unless the vehicle is equipped
with at least four axles.
(v) Within a city not wholly included within one county and the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange or
Dutchess, a permit may be issued only until December thirty-first,
nineteen hundred ninety-nine for a vehicle or combination of vehicles
that has been permitted within the past four years having five axles and
a wheelbase of at least thirty-six and one-half feet. The maximum gross
weight of such a vehicle or combination of vehicles shall not exceed one
hundred five thousand pounds and any tandem axle group weight shall not
exceed fifty-one thousand pounds.
Within a city not wholly included within one county and the counties
of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,
a permit may be issued for a vehicle or combination of vehicles having
at least five axles and a wheelbase of at least thirty feet. The maximum
gross weight of such vehicle or combination of vehicles shall not exceed
ninety-three thousand pounds and any tridem axle group weight shall not
exceed fifty-seven thousand pounds and any tandem axle group weight
shall not exceed forty-five thousand pounds.
(vi) Within a city not wholly included within one county and the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess, a permit may be issued for a vehicle or combination of
vehicles having at least five axles or more and a wheelbase of at least
thirty-six and one-half feet, provided such permit contains routing
restrictions.
Until December thirty-first, nineteen hundred ninety-four, the maximum
gross weight of a vehicle or combination of vehicles permitted under
this subparagraph shall not exceed one hundred twenty thousand pounds
and any tandem or tridem axle group weight shall not exceed sixty-nine
thousand pounds, provided, however, that any replacement vehicle or
combination of vehicles permitted after the effective date of this
subparagraph shall have at least six axles, any tandem axle group shall
not exceed fifty thousand pounds and any tridem axle group shall not
exceed sixty-nine thousand pounds.
After December thirty-first, nineteen hundred ninety-four, the tridem
axle group weight of any vehicle or combination of vehicles issued a
permit under this subparagraph shall not exceed sixty-seven thousand
pounds, any tandem axle group weight shall not exceed fifty thousand
pounds and any single axle weight shall not exceed twenty-five thousand
seven hundred fifty pounds.
After December thirty-first, nineteen hundred ninety-nine, all
vehicles issued a permit under this subparagraph must have at least six
axles.
After December thirty-first, two thousand fourteen, all combinations
of vehicles issued a permit under this subparagraph for use within the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess must have at least seven axles and a wheelbase of at least
forty-three feet.
After December thirty-first, two thousand six, no permits shall be
issued under this subparagraph for use within the counties of
Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for
a vehicle or combination of vehicles having less than seven axles or
having a wheelbase of less than forty-three feet, provided, however,
that permits may be issued for use within the counties of Westchester,
Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for vehicles or
combinations of vehicles where the permit applicant demonstrates that
the applicant acquired the vehicle or combination of vehicles prior to
December thirty-first, two thousand six, and that if the vehicle or
combination of vehicles was acquired by the applicant after the
effective date of this provision, such vehicle or combination of
vehicles is less than fifteen years old. In instances where the
application is for a combination of vehicles, the applicant shall
demonstrate that the power unit of such combination satisfies the
conditions of this subparagraph. In no event shall a permit be issued
under this subparagraph for use within the counties of Westchester,
Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for a vehicle or
combination of vehicles having less than seven axles or having a
wheelbase of less than forty-three feet after December thirty-first, two
thousand fourteen.
Except as otherwise provided by this subparagraph for the period
ending December thirty-first, two thousand fourteen, after December
thirty-first, two thousand three, any combination of vehicles issued a
permit under this subparagraph for use within the counties of
Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess
shall not exceed one hundred twenty thousand pounds, shall have at least
seven axles, shall have a wheelbase of at least forty-three feet, and
single axle weight shall not exceed twenty-five thousand seven hundred
fifty pounds, any tandem axle group weight shall not exceed forty-eight
thousand pounds, any tridem axle group weight shall not exceed
sixty-three thousand pounds and any four axle group shall not exceed
sixty-five thousand pounds.
From the date of enactment of this paragraph, permit applications
under subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi) of this
paragraph for vehicles registered in this state may be honored by the
commissioner of transportation or other appropriate authority. The
commissioner of transportation and other appropriate authorities may
confer and develop a system through rules and regulations to assure
compliance herewith.
(g) A sani-van vehicle, as defined in section one hundred forty-one-a
of this chapter for which a permit has been issued pursuant to this
subdivision is authorized to operate or move on all public highways or
bridges within this state in accordance with any weight limitations
specified in such permit.
(h) In any action brought for damage or destruction of any highway or
bridge including an action pursuant to section three hundred twenty of
the highway law, there shall be a presumption that the operation of a
vehicle or combination of vehicles in excess of the maximum weight
limits established by this section or, in a city not wholly included
within one county, in excess of the maximum weight limits prescribed by
the rules and regulations of the city department of transportation of
such city, is the proximate cause of such damage or destruction to the
highway bridge or appurtenant structure, whether or not a permit to
exceed such weight limits was issued by the appropriate authority.
(i) All moneys collected by the commissioner of transportation
pursuant to this subdivision shall be deposited by the comptroller into
the special obligation reserve and payment account of the dedicated
highway and bridge trust fund established pursuant to section
eighty-nine-b of the state finance law.
(j) The commissioner of transportation is authorized to conduct
hearings with regard to the issuance or revocation of any permit issued
by the commissioner of transportation pursuant to this section and
relating to the violation of any condition applicable to such permit as
provided in subdivision three of section one hundred forty-five of the
transportation law. If a permit issued by the department of
transportation is seized and the holder of the permit makes a written
request to the department of transportation for a hearing, the
commissioner of transportation shall schedule a hearing within twenty
days of the receipt of such request.
(k) Any permit issued pursuant to this section that is seized shall be
forwarded to the issuing authority as soon as practicable.
15-a. In furtherance of the authority to issue permits pursuant to
subdivision fifteen of this section, the department of transportation
and the New York state thruway authority are authorized to enter into a
cooperative agreement relative to permits to operate or move vehicles or
combinations of vehicles the weights or the dimensions of which exceed
the limitations otherwise provided for in this section along the thruway
system and state highway system, routes 5 and 49 between the relocated
thruway interchanges, including the Edic road interchange, and River
road in the vicinity of Edic road in the vicinity of the city of Utica.
Permits issued hereunder may be of a joint or reciprocal type for
operations or movements on such highway systems and shall not be limited
to loads proposed as one piece or item or otherwise cannot be separated
into units of less weight.
16. The provisions of this section relating to the maximum dimension
and weight limitations of vehicles shall not be applicable to any
vehicle or combination of vehicles proceeding to or from the New York
state thruway while being operated at the following locations, provided,
however, that the maximum dimensions and weight limitations of such a
vehicle or combination of vehicles are in compliance with those
applicable to the New York state thruway;
(a) Within a radius of fifteen hundred feet of any New York state
thruway toll booth at Fultonville, New York;
(b) Within a radius of two thousand feet of any exit or entrance
designated B-3 to the New York state thruway, Berkshire section, at New
York state route twenty-two;
(c) Over a route extending north and south on New York state route 332
between New York state thruway exit no. 44 and its intersection with
Collett road, and east and west on Collett road between said
intersection and no. 6070 Collett road, a distance of approximately .8
miles.
(d) Within a radius of 1.2 miles from New York state thruway toll
booth no. 56 on access road to be built between such toll booth no. 56
and the present eastern terminus of route 179 at South Park avenue, over
route 179 and old Mile Strip road to the truck terminal entrance on old
Mile Strip road at a point approximately two thousand four hundred
thirty feet southeast of the intersection of old Mile Strip road and
Route 5 as measured along old Mile Strip road, or across Lake Avenue at
the northern end of the truck terminal;
(e) Within a distance of 1.5 miles measured along that portion of the
River Road, New York state touring route 266, also known as state
highway 129, lying generally northerly of the South Grand Island
Bridges, such distance to be measured from the point where the
southernmost access road to New York state thruway station no. 17
intersects with said River Road;
(f) Within a distance of two miles measured along New York state route
400, such distance to be measured from the point where said route 400
intersects with the New York state thruway, and .5 miles measured along
New York state route 277, such distance to be measured in a northerly
direction from the point where New York state route 277 intersects with
New York state route 400;
(g) Within a distance of .8 miles measured along Walden Avenue in the
Town of Cheektowaga, such distance to be measured in a westerly
direction from the point where said Walden Avenue intersects with the
New York state thruway, .5 miles measured along said Walden Avenue, such
distance to be measured in an easterly direction from the point where
said Walden Avenue intersects with the New York state thruway, 1,640
feet measured along a roadway purchased by the Town of Cheektowaga from
Sorrento Cheese, Inc., such distance to be measured in a southerly
direction from the point where said roadway intersects with Walden
Avenue, and .9 miles measured along New York state route 240, such
distance to be measured in a southerly direction from the point where
New York state route 240 intersects with said Walden Avenue;
(h) Within a distance of .1 miles measured along Sheridan Drive, New
York state route 324, such distance to be measured in an easterly
direction from the point where said Sheridan Drive intersects with New
York state thruway interchange N-15, and .4 miles measured along Kenmore
Avenue, such distance to be measured in a southerly direction from the
point where Sheridan Drive intersects with said Kenmore Avenue;
(i) Within a distance of .8 miles measured along Dingens street in the
city of Buffalo such distance to be measured in a westerly direction
from the Ogden street exit of the Niagara section of the New York state
thruway;
(j) Within a distance of .25 miles along South street in the city of
Buffalo between Hamburg street and Louisiana street;
(k) Within a distance of .7 miles measured along Louisiana street in
the city of Buffalo such distance to be measured in a southerly
direction from the Louisiana street entrance of the Niagara section of
the New York state thruway; and
(l) Within a distance of 1700 feet measured along that portion of the
River Road, New York state touring route 266, also known as state
highway 129, lying generally southerly of the South Grand Island
Bridges, such distance to be measured from the point where the southern
most access road to New York state thruway station no. 17 intersects
with said River Road; and
(m) Within a distance of 0.6 miles extending north along New York
state route 233 from a point where such route 233 intersects with the
exit or entrance designated number thirty-two of the New York state
thruway at Westmoreland in Oneida county.
(n) Within a route from the thruway toll booth at the New York state
thruway exit 21-B and along the access road to route 9-W, and thence
1500 feet along route 9-W to be measured in a northerly direction from
the point where such thruway access road intersects route 9-W.
(o) (i) Within a distance of 0.8 miles from exit B-1 of the New York
state thruway Berkshire Spur, such distance to be measured in a
northerly direction from the point where state route 9 intersects the
southern most access ramp leading to the New York state thruway.
(ii) Within a distance of 1.6 miles from the exit B-1 of the New York
state thruway Berkshire Spur, with such distance being measured in a
northerly direction from the point where state route 9 intersects the
southern most access ramp leading to the New York state thruway, upon a
determination by the commissioner of transportation that the vehicle or
combination of vehicles could operate safely upon such route and that no
applicable federal law, regulation or other requirement prohibits the
operation of such vehicle or combination of vehicles on such route.
(p) Within a distance of .45 miles measured along James E. Casey Drive
in the city of Buffalo such distance to be measured in a northerly
direction from Dingens street.
(q) Within approximately one mile of the thruway toll booth at the New
York state thruway exit 23 in a northerly direction along interstate
route 787 to the first "Port of Albany" exit, and right on Church street
south approximately one-half mile to the south end of the Mobil terminal
facility and return from Church street entering interstate route 787 in
a southerly direction to interchange 23 of the New York state thruway.
(r) On any route designated by the commissioner of transportation
within a radius of six thousand six hundred feet of any exit or entrance
designated interchange 26 of the New York state thruway, where the
commissioner of transportation determines that the vehicle or
combination of vehicles could operate safely along the designated route
and that no applicable federal law, regulation or other requirement
prohibits the operation of such vehicle or combination of vehicles on
such route.
* (s) Over a route extending east and west across New York state route
414 from the New York state thruway exit 41 to the terminus of the exit
41 on and off ramps for a distance of approximately 100 feet across
route 414 and within approximately .1 miles of the on and off ramp of
exit 41 of the New York state thruway. Nothing contained in this
provision shall be construed to permit these vehicles or combination of
vehicles to turn on to route 414 or to travel along route 414.
* NB There are 2 š(s)'s
* (s) Within a distance of three hundred twenty-five feet, measured
along Stew Leonard drive in the city of Yonkers, such distance to be
measured in a west-east direction from the point where Stew Leonard
drive intersects with the southbound off-ramp and the northbound on-ramp
of interchange 6A of the New York state thruway.
* NB There are 2 š(s)'s
(t) Over a route extending south on New York state route 332 between
New York state thruway exit number 44 and its intersection with Gateway
drive and west on Gateway Drive to its intersection with Plastermill
Road and east on Plastermill Road to its intersection with Loomis Road
and east on Loomis road between said intersection and no. 5923 Loomis
road, a distance of approximately 1.6 miles, and west on Loomis road
between 5923 Loomis road and its intersection with New York state route
332 and thence north on New York state route 332 to New York state
thruway exit number 44, a distance of approximately 1.1 miles, where the
commissioner of transportation determines that the vehicle or
combination of vehicles could operate safely along the designated route
and that no applicable federal law, regulation or other requirement
prohibits the operation of such vehicle or combination of vehicles on
such route.
(u) Over a route extending north and on New York state route 77
between New York state thruway exit number 48-a and the overpass of the
New York state thruway, and south on New York state route 77, a distance
of approximately .5 miles, where the commissioner of transportation
determines that the vehicle or combination of vehicles could operate
safely along the designated route and that no applicable federal law,
regulation or other requirement prohibits the operation of such vehicle
or combination of vehicles on such route.
17-a. Except over any highway which is a part of a state interstate
route:
(i) The following weight limits shall apply to any state or
municipally owned single vehicle, equipped with pneumatic tires, engaged
in snow and ice control operations on public highways, including the
stockpiling of materials and abrasives therefor, with a plow, leveling
wing, or material hopper installed:
(a) The total weight on any one wheel, shall not be more than sixteen
thousand pounds.
(b) The total weight on a single axle, shall not be more than
thirty-two thousand pounds.
(c) The total weight on two consecutive axles, when such axles are
spaced less than ten feet from center to center, shall not be more than
forty-two thousand pounds.
(d) The total weight on all axles of a two axle vehicle shall not be
more than fifty-two thousand pounds; the total weight on all axles of a
three axle vehicle shall not be more than sixty-two thousand pounds.
(ii) The overall width of any state or municipally owned single
vehicle, equipped with pneumatic tires, engaged in snow and ice control
operations on public highways, shall not be more than twenty-five feet.
(iii) The following weight limits shall apply to any state or
municipally owned single vehicle, equipped with pneumatic tires,
designed or fitted for snow and ice control operations, while engaged in
other public works operations on public highways:
(a) The total weight on any one wheel, shall not be more than sixteen
thousand pounds.
(b) The total weight on a single axle, shall not be more than
thirty-two thousand pounds.
(c) The total weight on two consecutive axles, when such axles are
spaced less than ten feet from center to center, shall not be more than
thirty-eight thousand pounds.
(d) The total weight on all axles of a two axle vehicle shall not be
more than fifty-two thousand pounds; the total weight on all axles of a
three axle vehicle shall not be more than fifty-eight thousand pounds.
17-b. Except over any highway which is a part of a state interstate
route, the following weight limits shall apply to any fire vehicle
equipped with pneumatic tires.
(a) The total weight on any one wheel shall not be more than sixteen
thousand pounds.
(b) The total weight on a single axle shall not be more than
thirty-two thousand pounds.
(c) The total weight on two consecutive axles, when such axles are
spaced less than ten feet from center to center, shall not be more than
forty-two thousand pounds.
(d) The total weight on all axles of a two axle vehicle shall not be
more than fifty-two thousand pounds.
18. Except as provided in subdivision nineteen of this section, the
violation of the provisions of this section including a violation
related to the operation, within a city not wholly included within one
county, of a vehicle which exceeds the limitations provided for in the
rules and regulations of the city department of transportation of such
city, shall be punishable by a fine of not less than two hundred nor
more than five hundred dollars, or by imprisonment for not more than
thirty days, or by both such fine and imprisonment, for the first
offense; by a fine of not less than five hundred nor more than one
thousand dollars, or by imprisonment for not more than sixty days, or by
both such fine and imprisonment, for the second or subsequent offense;
provided that a sentence or execution thereof for any violation under
this subdivision may not be suspended. For any violation of the
provisions of this section, including a violation related to the
operation, within a city not wholly included within one county, of a
vehicle which exceeds the limitations provided for in the rules and
regulations of the city department of transportation of such city, the
registration of the vehicle may be suspended for a period not to exceed
one year whether at the time of the violation the vehicle was in charge
of the owner or his agent. The provisions of section five hundred ten of
this chapter shall apply to such suspension except as otherwise provided
herein.
19. (a) A violation of the provisions of subdivision eight, nine, or
ten of this section by any vehicle or combination of vehicles whose
weight exceeds the weight limitations as set forth in this section, or a
violation of such rules and regulations, by any vehicle or combination
of vehicles whose weight exceeds the weight limitations as set forth in
this section or such rules and regulations, or a violation of the weight
limitations specified by permit issued pursuant to subdivision fifteen
of this section shall be punishable by fines levied on the registered
owner of the vehicle or vehicles, whether at the time of the violation
the vehicle was in the charge of the registered owner or the owner's
agent or lessee in accordance with the following schedule:
Percent of excess weight Amount of fine
(percentage) (dollars)
greater than less than or equal to
0 2.0 150
2.0 4.0 300
4.0 6.0 450
6.0 7.0 525
7.0 8.0 600
8.0 10.0 750
10.0 12.0 950
12.0 14.0 1,150
14.0 16.0 1,350
16.0 18.0 1,550
18.0 20.0 1,750
20.0 22.0 1,950
22.0 24.0 2,150
24.0 26.0 2,350
26.0 28.0 2,550
28.0 30.0 2,750
30.0 32.0 2,950
32.0 34.0 3,150
34.0 36.0 3,350
36.0 38.0 3,550
38.0 40.0 3,750
40.0 3,750
or greater plus $125 for
each percent
over 40 percent
(NOTE: Where the total weight, axle weight or axle grouping weight is
greater than seven percent including any applicable enforcement scale
tolerance in excess of the limits specified by a permit in areas outside
a city not wholly contained in one county, the permit shall be deemed
voided and then the amount of fine shall be determined in accordance
with the maximum weight which would have been in effect for the
operation of such vehicle if the permit to exceed such maximum weight
had not been issued.
(b) For violations to which the penalties set forth in paragraph (a)
of this subdivision apply, in connection with the weighing of a vehicle
or combination of vehicles, if it is found that there is a violation of
subdivision ten of this section and also of subdivision eight or nine of
this section, or both subdivisions eight and nine of this section, there
shall be a single fine imposed and the maximum amount of such fine shall
not exceed the highest fine that could be imposed under this
subdivision.
(c) Notwithstanding paragraphs (a) and (b) of this subdivision, a
violation of the provisions of subdivision ten of this section in a city
not wholly included within one county or of the provisions of the rules
or regulations of the city department of transportation setting forth
the maximum allowable gross weight for the operation of a vehicle in
such city without a permit for such vehicle, by any vehicle or
combination of vehicles whose weight exceeds the weight limitations as
set forth in this section, or such rules and regulations, or the weight
limitations specified by permit issued pursuant to subdivision fifteen
of this section (excluding enforcement scale tolerance not to exceed
five percent) shall be punishable by fines levied on the registered
owner of the vehicle or vehicles, whether at the time of the violation
the vehicle was in the charge of the registered owner or his agent or
lessee in accordance with the following schedule:
Excess Total Weight
(pounds) Amount of Fine
greater than less than or equal to (dollars)
0 2,000 50
2,000 3,000 75
3,000 4,000 100
4,000 5,000 200
5,000 6,000 300
6,000 7,000 400
7,000 8,000 500
8,000 9,000 600
9,000 10,000 700
10,000 15,000 1,200
15,000 20,000 1,700
20,000 25,000 2,200
25,000 30,000 2,700
30,000 35,000 3,200
35,000 40,000 3,700
40,000 45,000 4,200
45,000 50,000 or greater 4,700
(NOTE: Where the excess total weight is greater than the limits
specified by a permit, the permit shall be deemed voided and then the
amount of fine shall be determined in accordance with the maximum weight
which would have been in effect for the operation of such vehicle if the
permit to exceed such maximum weight had not been issued.)
(d) Notwithstanding paragraphs (a) and (b) of this subdivision, a
violation of the provisions of subdivisions eight and nine of this
section in a city not wholly included within one county or of the
provisions of the rules or regulations of the city department of
transportation setting forth the maximum allowable axle or tandem axle
weight for the operation of a vehicle in such city without a permit for
such vehicle, by any vehicle or combination of vehicles whose weight
exceeds the weight limitations as set forth in this section, or such
rules or regulations, or the weight limitations specified by permit
issued pursuant to subdivision fifteen of this section shall be
punishable by fines levied on the registered owner of the vehicle or
vehicles, whether at the time of the violation the vehicle was in the
charge of the registered owner, or his agent, or lessee, in accordance
with the following schedule:
Percentage of excess weight
(percentage) Amount of Fine
greater than less than or equal to (dollars)
0 5.0 100
5.0 10.0 200
10.0 15.0 350
15.0 20.0 600
20.0 25.0 1000
25.0 30.0 1600
30.0 35.0 2450
35.0 40.0 3600
40.0 45.0 5100
45.0 7000
(NOTE: Where the excess axle or axles weight is greater than the limits
specified by a permit, the permit shall be deemed voided and then the
amount of fine shall be determined in accordance with the maximum weight
which would have been in effect for the operation of such vehicle if the
permit to exceed such maximum weight had not been issued.)
(e) In addition to the fines imposed by paragraphs (a), (c) and (d) of
this subdivision, the registration of the vehicle may be suspended for a
period not to exceed one year, whether at the time of the violation of
this section the vehicle was in charge of the owner or the owner's
agent, or lessee. The provisions of section five hundred ten of this
chapter shall apply to such suspension, except as otherwise provided
herein.
(f) If the vehicle is the subject of a permit issued pursuant to
paragraph (f) of subdivision fifteen of this section and if the
registered owner of a vehicle fails to appear on the return date or
subsequent adjourned date of a summons, appearance ticket or notice of
violation issued pursuant to this subdivision or fails to pay a fine
imposed pursuant to this subdivision, the registration of the vehicle or
the privilege of operating the vehicle in this state shall be suspended
for a period not to exceed one year. The suspension shall remain in
effect until the registered owner's appearance or payment of the fine.
The commissioner or the commissioner's agent may deny a registration
application of any other person for the same vehicle where the
commissioner has reasonable grounds to believe that such registration
will have the effect of defeating the purpose of this paragraph.
20. Notwithstanding the provisions of sections three hundred
eighty-five, sixteen hundred thirty, sixteen hundred thirty-one, sixteen
hundred forty, sixteen hundred forty-two, sixteen hundred fifty and
sixteen hundred sixty of this chapter, nor of any other law, statute,
ordinance, rule or regulation, the state, a city, county, town, village,
public authority, including the port of New York and New Jersey
authority, or commission, or any department, agency, subdivision or
other entity thereof, shall not enact nor enforce any law, statute,
ordinance, rule or regulation with respect to vehicle dimensions or
weights which shall violate any of the provisions of the federal surface
transportation assistance act of nineteen hundred eighty-two. Any such
law, statute, ordinance, rule or regulation which results in a
notification of an imminent loss or withholding of federal highway aid
to the state shall to the degree inconsistent hereafter be deemed null
and void and shall not be enforced.
20-a. If a vehicle or combination of vehicles is operated in violation
of this section, an appearance ticket or summons may be issued to the
registrant of the vehicle, or if a combination of vehicles, to the
registrant of the hauling vehicle rather than the operator. In the event
the vehicle is operated by a person other than the registrant, any
appearance ticket or summons issued to the registrant shall be served
upon the operator, who shall be deemed the agent of the registrant for
the purpose of receiving such appearance ticket or summons. Such
operator-agent shall transmit such ticket or summons to the registrant
of the vehicle or the hauling vehicle. If the registrant does not appear
on the return date, a notice establishing a new return date and either
containing all pertinent information relating to the charge which is
contained on the summons or appearance ticket or accompanied by a copy
of the information or complaint shall also be mailed by certified or
registered mail by or on behalf of the court or administrative tribunal
before whom the appearance ticket or summons is returnable to the
registrant at the address given on the registration certificate for the
vehicle, or if no registration certificate is produced at the time the
appearance ticket or summons is issued, to the address of the registrant
on file with the department or given to the person issuing the
appearance ticket or summons. Whenever proceedings in a court or
administrative tribunal of this state result in a conviction for a
violation of this section, and the court or administrative tribunal has
made the mailing specified herein, the court or administrative tribunal
shall levy a mandatory surcharge, in addition to any sentence or other
surcharge required or permitted by law, in the amount of thirty dollars.
This mandatory surcharge shall be paid to the clerk of the court or
administrative tribunal that rendered the conviction. Within the first
ten days of the month following collection of the mandatory surcharge by
a town or village court, the court shall pay such money to the state
comptroller who shall, pursuant to subdivision two of section
ninety-nine-a of the state finance law, credit such money to the account
of the town or village which sent the mandatory surcharge. If such
collecting authority is any other court of the unified system or
administrative tribunal it shall, within such period, pay such money to
the state comptroller who shall deposit such money into the state
treasury. The provisions of this subdivision shall not apply to
owner-operators of any motor vehicle or to any motor vehicle or trailer
which is registered in the name of a person whose principal business is
the lease or rental of motor vehicles or trailers unless the motor
vehicle or trailer is being operated by an employee of the registrant or
for a community of interest other than the lease or rental agreement
between the parties to the lease or rental agreement.
21. The court may impose any sentence authorized by this chapter
provided, however, any such sentence must include a fine as provided in
this section.
22. In any case wherein the charge laid before the court alleges a
violation of this section, any plea of guilty thereafter entered in
satisfaction of such charge must include at least a plea of guilty to a
violation of one of the subdivisions of this section. No other
disposition by plea of guilty to any other charge in satisfaction of
such charge shall be authorized. Provided, however, if the district
attorney upon reviewing the available evidence determines that the
charge of a violation of this section is not warranted, or suspension of
registration is not, under the circumstances, appropriate he may
consent, and the court may allow, a disposition by plea of guilty to
that or another charge in satisfaction of such charge and, may waive
suspension of registration as required by this section, provided,
however, the court must impose at least the minimum fine as authorized
in this section for the offense of conviction.
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