Relates to non-divisible load permits.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Parker
Excused (3): Adams, Diaz, Libous
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to non-divisible load permits; providing for the repeal of such provisions upon expiration thereof
SUMMARY OF SPECIFIC PROVISIONS: This bill amends Section 385(15) (d) of the Vehicle and Traffic Law by providing that, in a city not wholly included within one county, a non-divisible load permit issued by New York State Department of Transportation will be valid along a specified route on designated highways connecting Westchester County to Nassau County.
REASONS FOR SUPPORT: This legislation will simplify the permitting process for trucks carrying non-divisible loads on one specific route through New York City between Westchester and Nassau County. The legislation thus will facilitate the freer movement of commerce between upstate and downstate.
Trucks carrying goods such as steel beams, modular homes, or construction equipment are said to have "non-divisible loads," meaning that their cargo cannot be split and placed onto smaller trucks. When these vehicles exceed certain dimensions they require a special permit. If they travel on State roads outside and within New York City limits, they must obtain two permits: one issued by the New York State Department of Transportation (NYSDOT) to cover roadways outside and leading to New York City and the other issued by the New York City Department of Transportation (NYCDOT) to cover those sections of these roadways that lie within New York City's limits.
The bill establishes one route within New York City for which the NYSDOT can issue a permit instead of a NYCDOT permit. The route runs on 1-95 between the Bronx-Westchester County line and 1-695, on 1-695 between 1-95 and 1-295 between 1-695 and 1-495, and on 1-495 between 1-295 and the Queens-Nassau County line.
This will allow NYSDOT permit holders to travel from upstate New York and Westchester County to Nassau and Suffolk Counties on Long Island without having to apply for a second permit from NYCDOT. They would still be required to obtain authorization from the Metropolitan Transportation Authority Bridges and Tunnels to cross the Throgs Neck Bridge. Additionally, the NYSDOT permit (like the current NYCDOT permit) would not be valid at any time if the truck carrying the non-divisible load should exit this specific route on its own power anywhere within New York City.
The route subject to this legislation already is designated as a critical route on which fifty-three foot trailers may travel through New York City in transit between Westchester and Long Island. Fifty-three foot trailers are not permitted on any other road in New York City.
This legislation has the support of the New York City and New York State Departments of Transportation.
PRIOR LEGISLATIVE HISTORY: 2010: S.4903 Passed Senate - A.7338 Referred to Transportation 2011-2012 : S. 1523 (passed Senate both years)/ A. 4641 - Transportation
EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become a law, and shall expire four years after it shall take effect.
STATE OF NEW YORK ________________________________________________________________________ 3041 2013-2014 Regular Sessions IN SENATE January 29, 2013 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to non-divisi- ble load permits; providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 15 of section 385 of the vehi- cle and traffic law, as amended by section 3 of part C of chapter 59 of the laws of 2004, is amended to read as follows: (d) (I) Except during storms, floods, fires or other public emergen- cies, no such permit may be issued to include a towing operation involv- ing 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 qualify- ing 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 neces- sity 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 estab- lished by the formula commonly referred to as the bridge formula as set forth in subdivision ten of this section and except for state or munici- pally-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 exceedEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07717-01-3 S. 3041 2
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 other- wise 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 EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH. (II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA- GRAPH AND PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION TO THE CONTRARY, THE DEPARTMENT OF TRANSPORTATION MAY ISSUE SUCH PERMIT FOR THE OPERATION OR MOVEMENT OF ANY VEHICLE OR COMBINATION OF VEHICLES ON ANY OF THE FOLLOWING PORTIONS OF STATE OR OTHER HIGHWAYS WITHIN ANY CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY, AND SUCH VEHICLES OR COMBINATION OF VEHICLES MAY OPERATE OR MOVE ON SUCH PORTIONS, AND ONLY ON SUCH PORTIONS, OF SUCH STATE OR OTHER HIGHWAYS WITHIN SUCH CITY WITHOUT A PERMIT ISSUED BY THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY: THAT PORTION OF INTERSTATE NINETY-FIVE BETWEEN THE BRONX-WESTCHESTER COUNTY LINE AND INTERSTATE SIX HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE SIX HUNDRED NINETY-FIVE BETWEEN INTERSTATE NINETY-FIVE AND INTERSTATE TWO HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE TWO HUNDRED NINETY-FIVE BETWEEN INTERSTATE SIX HUNDRED NINETY-FIVE AND INTERSTATE FOUR HUNDRED NINETY-FIVE, AND THAT PORTION OF INTERSTATE FOUR HUNDRED NINETY-FIVE BETWEEN INTERSTATE TWO HUNDRED NINETY-FIVE AND THE QUEENS-NASSAU COUNTY BORDER. SUCH PERMIT SHALL BE ISSUED BY THE DEPARTMENT OF TRANSPORTATION ONLY UPON: (1) A FINDING BY SUCH DEPARTMENT THAT THE LOAD PROPOSED IS OF ONE PIECE OR ITEM OR OTHERWISE CANNOT BE SEPARATED INTO UNITS OF LESS WEIGHT; (2) THE APPROVAL OF SUCH CITY; AND (3) WITH RESPECT TO BRIDGES AND HIGHWAYS OVER WHICH ANY AUTHORITY HAS JURISDICTION, THE APPROVAL OF SUCH AUTHORITY. ANY SUCH VEHICLE OR COMBINATION OF VEHICLES OPERATING PURSUANT TO SUCH PERMIT SHALL NOT EXIT THE AFOREMENTIONED HIGHWAYS UNDER ITS OWN POWER IN ANY SUCH CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY.
[Bulk](III) FOR THE PURPOSES OF THIS PARAGRAPH, BULK milk may be considered one piece or item. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law, and shall expire and be deemed repealed four years after it shall take effect.