Relates to the registration of certain farm vehicles.
Ayes (61): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to certain registrations of vehicles
PURPOSE: To eliminate the additional attachment that is currently required of farm plated vehicle registration. This attachment must be kept with the vehicle registration at all times and creates onerous burdens on the industry.
SUMMARY: Vehicle and Traffic Law Section 401 Subdivision 13 is amended to remove the additional vehicle registration requirement of attaching farm vehicle certification to the farm vehicle registration and having to make such documentation available at all times.
JUSTIFICATION: This bill would reduce the unnecessary and cumbersome paperwork associated with farm plated vehicles and would help alleviate the regulatory burden the agricultural community already wrestles with.
Farm plates provide New York producers with the opportunity to obtain a reduced rate for vehicle and plate registration for vehicles used exclusively in agricultural production. Currently, farm plated vehicles are restricted to travel within a 25-mile radius of the farm for their business needs such as traversing between fields, delivery to/from a landfill and necessary repair and maintenance of the farm vehicle at a repair shop.
While the 25-mile travel restriction is based on and specific to the farm address listed on the farm vehicle's registration, the farmer must file additional paperwork specifically addressing all points of destination for that specific registered farm vehicle. This information must then be kept on file with the vehicle registration as an attachment. Each time the farmer acquires additional land or finds it necessary to travel to an alternate destination in order to conduct business, he/she must file another document with the Department of Motor Vehicles which expends time and staff resources on behalf of the farmer and the State.
With state law already strictly designating use of farm plated vehicles to within 25 miles of the farm that the vehicle is registered to, the additional documentation and maintenance of such paperwork with the State is duplicative and unnecessary. The repeal of this requirement would allow our farm community to focus their valuable time planting and harvesting crops throughout vital months of the year instead of complying with red tape.
HISTORY: New bill.
FISCAL IMPACT: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5262 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________Introduced by Sen. RITCHIE -- 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 certain registrations of vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 13 of section 401 of the vehicle and traffic law, as amended by chapter 203 of the laws of 2002, is amended to read as follows: 13. Registration of motor vehicles, trailers and semitrailers operated upon public highways connecting portions of a farm or farms, municipal sanitary landfills and licensed motor vehicle repair shops. Motor vehi- cles, other than motor vehicles manufactured and equipped primarily for the transportation of passengers, trailers and semitrailers, to be oper- ated by any person, upon a public highway for the purpose of traveling by the most direct route, but in no event further than twenty-five miles one-way from a point on the farm as designated by the vehicle owner
[and set forth in an attachment to the vehicle registration], (a) between fields, buildings, and facilities managed or operated as part of a single farm enterprise in connection with the production, harvesting, processing or marketing on that farm of crops, livestock, or livestock products produced on that farm; or (b) for the purpose of transporting materials from a farm to the nearest available municipal sanitary land- fill; or (c) for the purpose of transporting the motor vehicle, trailer or semitrailer to a motor vehicle repair shop licensed pursuant to this chapter for the repair or adjustment of equipment provided that, in addition to the route restrictions set forth in this subdivision, no such transport shall be authorized (i) if such vehicle has an out-of- service defect relating to load securement, brake systems, steering components and/or coupling devices, or after it has been placed out-of- service; (ii) on any limited access highway; and (iii) during the periodEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11377-01-1 S. 5262 2
of one hour before sunset to one hour after sunrise, may be registered as provided in this subdivision. Every owner of such vehicles may cause to be filed by mail or otherwise, with the commissioner or with any agent of the commissioner, an application for registration of such vehi- cle, addressed to the commissioner, and on a blank to be furnished by the commissioner for that purpose, containing the information required by subdivision one of this section and such other information as the commissioner shall require. The commissioner or agent shall make such investigation, as he or she shall determine necessary, and if satisfied that the vehicle is to be operated exclusively as provided in this subdivision shall, upon the payment of a fee of one dollar, assign to such vehicle a distinctive number and issue and deliver to the applicant a set of number plates and a certificate of registration in such form as the commissioner shall prescribe, indicating the extent to which the vehicle registered may be operated on the public highways and such vehi- cle may be operated only as so indicated. For the purposes of this subdivision, the terms "farm" and "crops, livestock or livestock products," shall have the same meaning as "land used in agricultural production" and "crops, livestock and livestock products," respectively, as defined in section three hundred one of the agriculture and markets law, except that farmers with an average gross sales value of at least one thousand dollars per year of crops, livestock, and livestock products shall be eligible to register vehicles pursuant to this subdi- vision. S 2. This act shall take effect immediately.