Bill S5375A-2009

Provides for weight and dimension limitations for certain vehicles operated in a city not wholly included within a county

Provides for weight and dimension limitations for certain vehicles operated in a city not wholly included within a county.

Details

Actions

  • Jun 8, 2010: REPORTED AND COMMITTED TO CODES
  • May 12, 2010: PRINT NUMBER 5375A
  • May 12, 2010: AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • Apr 27, 2009: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 8, 2010
Ayes (12): Dilan, Stavisky, Savino, Perkins, Addabbo, Squadron, Diaz, Valesky, Aubertine, Foley, Fuschillo, Libous
Ayes W/R (6): Nozzolio, Robach, Larkin, Lanza, Young, Volker
Excused (1): Johnson O

Memo

 BILL NUMBER:  S5375A

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to dimension and weight limitations; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE OF BILL : To authorize and encourage, through the enactment of cooperative agreements, the creation of a unified permit system or cooperative one-stop shopping mechanism for obtaining divisible truck hauling permits to use on State highways, the NYS Thruway, highways within New York city, and Metropolitan Transportation Authority (MTA) & NYS Bridge Authority facilities. Further, to improve enforcement activities related to divisible load permits to enhance economic activity while safely reducing the number of trips required by commercial trucks to provide essential service.

SUMMARY OF PROVISIONS :

Section 1: Amends various provisions of subdivision 15 of section 385 of the Vehicle and Traffic Law to do the following things:

1. Enhances the NYS Department of Transportation's ability to enforce its divisible truck and vehicle hauling permitting system or cooperative agreements with other agencies or authorities that issue a unified or reciprocal truck hauling permit.

2. Makes various amendments to authorize the NYS DOT to issue a permit to operate and move a truck or vehicle or combination of vehicles, on highways in the city of New York, whose weights or dimensions exceed the limits of NYS and NYC DOT limitations, as long as such vehicles operate pursuant to a cooperative agreement entered into between the NYS DOT, NYC DOT, MTA, City of New York, NY/NJ Port Authority, or the NYS Bridge Authority.

The roads that can be used for these cooperative agreements are: Interstate 95 (I-95)from the Westchester/Bronx County line to I-695, I-695 to I-295, and I-295 to I-495 to the Queens/Nassau County border. This is one Interstate route can be used to deliver goods from Upstate New York to Long Island.

3. Authorizes trucks to operate on highways with not only two tires on each side of an axle, but wide based single tires on each side of an axle. This expands the types of trucks that will be able to obtain a permit to move goods in the State and City of New York on certain approved routes.

Section 2: Adds 4 new subdivisions to Vehicle and Traffic Law section 385 to authorize and encourage the NYS DOT to enter into cooperative agreements to issue a permit or permits to operate or move vehicles or a combination of vehicles, the weights or dimensions of which exceed the limitations otherwise provided for by statute or rule & regulation. These cooperative agreements may be entered into with either some or all of the following transportation regulatory agencies (i.e., the NYC DOT, NYS Thruway, MTA, and NYS Bridge Authority) . Each of these governmental agencies has its own restrictions on the types, size and weight of vehicles that can be driven over such agencies' roads, bridges and tunnels for loads that need either a divisable or non-divisable load permit.

JUSTIFICATION : Under current law, those who operate commercial motor vehicles that carry cargo or large objects on trucks, semis', tandem trailers or flat bed trucks, must obtain a permit for oversized and over-weight vehicles to use New York State Highways, highways that transverse New York City, and bridges and tunnels operated by the MTA and NYS Bridge Authority. For those common carriers that have either large or oversized cargo, they sometimes need to obtain permits from the NYS DOT, NYC DOT, NYS Thruway Authority, MTA and NYS Bridge Authority to travel just one Interstate highway route from Westchester County to get to Long Island. This is a long and cumbersome regulatory and paper work process for trucking companies to simply deliver goods from Upstate New York to Long Island. This process hinders commerce between Up-state and Long Island, increases transportation costs, and delays freight deliveries.

Due to the high cost and lengthy time needed to obtain such permits, many truckers operate and deliver goods on the Interstate highways between Upstate and Long Island without obtaining such overweight and oversize cargo permits. This large scale violation of the law places legitimate haulers who obtain all of the requisite permits at a competitive disadvantage both as to price and time of delivery.

The purpose of this bill is to authorize and encourage agencies such as the NYS DOT to reach out to other truck & cargo permitting agencies such as the NYC DOT, MTA, NYS Thruway, and NYS Bridge Authority and enter into cooperative agreements so that one coordinated weight limit or over sized cargo permit may be either issued by one agency or that permits issued by cooperating regulatory authorities can be recognized thru reciprocity agreements. The benefit of the bill is to encourage the establishment of a one stop shopping forum to obtain hauling permits to quickly and inexpensively haul cargo from Upstate New York to Long Island.

Overall, the benefits of this bill are to establish a system that streamlines the permitting process to aid legitimate cargo haulers that use our state and city highways and bridges, and to curtail the illegal hauling of cargo without a permit. It is important to curtail the illegal hauling of overweight and oversized cargo to preserve the structural integrity of the State's highway system and bridges.

EFFECTIVE DATE : This act shall take effect 60 days after it shall have become law, and shall be deemed repealed on December 31, 2014.

Text

STATE OF NEW YORK ________________________________________________________________________ 5375--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recom- mitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to dimension and weight limitations; and providing for the repeal of certain provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a), (b), (d) and (f) of subdivision 15 of section 385 of the vehicle and traffic law, paragraph (a) as amended by section 1, paragraph (b) as amended by section 2, paragraph (d) as amended by section 3 and paragraph (f) as amended by section 4 of part C of chapter 59 of the laws of 2004, are amended to read as follows: (a) The commissioner of transportation is hereby authorized to contin- ue 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, EXCEPT AND TO THE EXTENT OF ANY COOPERATIVE AGREEMENTS AS PROVIDED IN THIS SECTION. ANY PERSON WHO OPERATES OR MOVES, OR CAUSES OR KNOWINGLY PERMITS THE OPERATION OR MOVEMENT ON ANY HIGHWAY OR BRIDGE UNDER THE JURISDICTION OF THE COMMISSIONER OF TRANSPORTATION, ANY VEHI- CLE OR COMBINATION OF VEHICLES OF A SIZE OR WEIGHT EXCEEDING THE LIMITA- TIONS PROVIDED FOR IN THIS SECTION SHALL POSSESS AND COMPLY WITH THE TERMS OF SUCH A PERMIT ISSUED BY THE COMMISSIONER OF TRANSPORTATION AND COMPLY WITH THE REGULATIONS APPLICABLE THERETO. 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 combina- tion 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 govern- ing 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)] ITEMS (A), (B), (C) AND (D) OF SUBPARAGRAPH (II) 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)] ITEMS (E), (F) AND (G) OF SUBPARA- GRAPH (II) 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 commis- sioner 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 jurisdic- tion of the commissioner of transportation, then he or she shall imme- diately 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 subdi- vision 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, EXCEPT AND TO THE EXTENT OF ANY COOPERATIVE AGREEMENTS AS PROVIDED IN THIS SECTION. 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. (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 high- way or access highway. Every such permit may designate the route to be traversed and contain any other restrictions or conditions deemed neces- sary 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 show- ing cause. Except for a vehicle having a maximum gross weight not exceeding eighty thousand pounds without regard to any axle weight limi- tation 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, EXCEPT AND TO THE EXTENT OF ANY COOPERATIVE AGREEMENTS AS PROVIDED IN THIS SECTION. Bulk milk may be considered one piece or item. (f) (I)(A) The department of transportation, or other issuing authori- ty, 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 desig- nated 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)] ITEMS (A), (B) AND (C) OF SUBPARAGRAPH (II) of this para- graph. 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. (B) NOTWITHSTANDING THE PROVISIONS OF ITEM (A) OF THIS SUBPARAGRAPH TO THE CONTRARY, THE DEPARTMENT OF TRANSPORTATION MAY ISSUE PERMITS PURSU-
ANT TO ITEMS (A) AND (B) OF SUBPARAGRAPH (II) OF THIS PARAGRAPH 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 SUCH PORTIONS, OF SUCH STATE OR OTHER HIGHWAYS WITHIN SUCH CITY WITHOUT A PERMIT ISSUED BY THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY ON THAT PORTION OF INTERSTATE ROUTE NINETY-FIVE BETWEEN THE BRONX/WESTCHESTER COUNTY BORDER AND INTERSTATE ROUTE SIX HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE ROUTE SIX HUNDRED NINETY-FIVE BETWEEN INTERSTATE ROUTE NINETY-FIVE AND INTERSTATE ROUTE TWO HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE ROUTE TWO HUNDRED NINETY-FIVE BETWEEN INTERSTATE ROUTE SIX HUNDRED NINE- TY-FIVE AND INTERSTATE ROUTE FOUR HUNDRED NINETY-FIVE, AND THAT PORTION OF INTERSTATE ROUTE FOUR HUNDRED NINETY-FIVE AND THE QUEENS/NASSAU COUN- TY BORDER. (II) Effective January first, two thousand five, no vehicle or combi- nation 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 determi- nation 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 combina- tion 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 OR WITH WIDE BASED SINGLE 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 vehi- cle 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)] ITEM (E), (F) OR (G) of this [paragraph] SUBPARAGRAPH 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)] ITEM (E), (F) OR (G) of this [paragraph] SUBPARAGRAPH 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 COMMISSIONER OF TRANS- PORTATION MAY IMPOSE A CIVIL PENALTY AS PROVIDED IN SECTION ONE HUNDRED FORTY-FIVE OF THE TRANSPORTATION LAW AND/OR CANCEL, SUSPEND OR REVOKE 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 para- graph. 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 depart- ment 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)] ITEMS (A), (B) AND (D) of this [paragraph] SUBPARAGRAPH 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)] ITEMS (E), (F) AND (G) of this [paragraph] SUBPARA- GRAPH, such a vehicle must have been registered in this state prior to January first, nineteen hundred eighty-six or be a vehicle or combina- tion of vehicles which replace such type of vehicle which was registered in this state prior to such date provided that the manufacturer's recom- mended 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 [subpara- graphs] ITEMS: [(i)] (A) 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 frac- tion 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)] (B) 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)] (C) 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)] (D) 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 Decem- ber thirty-first, nineteen hundred ninety-four, any axle weight shall not exceed twenty-seven thousand pounds. [(iv)] (E) 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 seven- teen 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] ITEM 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 coun- ties 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)] (F) 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, nine- teen 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)] (G) 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 vehi- cles 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] ITEM 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 ON OR after [the effective
date of this subparagraph]
JANUARY FIRST, NINETEEN HUNDRED NINETY-FIVE 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] ITEM shall not exceed sixty-seven thou- sand pounds, any tandem axle group weight shall not exceed fifty thou- sand 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 vehi- cles issued a permit under this [subparagraph] ITEM must have at least six axles. After December thirty-first, two thousand fourteen, all combinations of vehicles issued a permit under this [subparagraph] ITEM for use with- in 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] ITEM 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 effec- tive 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] ITEM. In no event shall a permit be issued under this [subparagraph] ITEM 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] ITEM for the peri- od ending December thirty-first, two thousand fourteen, after December thirty-first, two thousand three, any combination of vehicles issued a permit under this [subparagraph] ITEM 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] ON AND AFTER THE EFFECTIVE DATE of this paragraph, permit applications under [subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi)] ITEMS (A), (B), (C), (D), (E), (F) AND (G) of this [paragraph] SUBPARAGRAPH 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 regu- lations to assure compliance herewith. S 2. Section 385 of the vehicle and traffic law is amended by adding four new subdivisions 15-b, 15-c, 15-d and 15-e to read as follows: 15-B. NOTWITHSTANDING ANY LIMITATIONS IMPOSED BY THIS SECTION, UPON THE ISSUANCE OF PERMITS BY THE COMMISSIONER OF TRANSPORTATION FOR MOVE- MENT ON ANY HIGHWAY LOCATED WITHIN A CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY, IN FURTHERANCE OF THE AUTHORITY TO ISSUE PERMITS PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEW YORK ARE AUTHORIZED TO ENTER INTO COOPERATIVE AGREE- MENTS 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 PORTIONS OF THE HIGHWAY SYSTEM THAT FALL UNDER THE JURISDICTION OF THE CITY OF NEW YORK. PERMITS ISSUED PURSUANT TO THIS SUBDIVISION 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. 15-C. NOTWITHSTANDING ANY LIMITATIONS IMPOSED BY THIS SECTION, UPON THE ISSUANCE OF PERMITS BY THE COMMISSIONER OF TRANSPORTATION FOR MOVE- MENT ON ANY HIGHWAY LOCATED WITHIN A CITY NOT ENTIRELY WITHIN ONE COUNTY OR UPON FACILITIES OWNED AND OPERATED BY A BRIDGE AND TUNNEL AUTHORITY, IN FURTHERANCE OF THE AUTHORITY TO ISSUE PERMITS PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DEPARTMENT OF TRANSPORTATION AND THE METRO- POLITAN TRANSPORTATION AUTHORITY, ITS AFFILIATES OR SUBSIDIARIES ARE AUTHORIZED TO ENTER INTO COOPERATIVE AGREEMENTS 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 PORTIONS OF THE STATE HIGHWAY SYSTEM THAT FALL UNDER THE JURISDICTION OF THE METROPOLITAN TRANSPORTATION AUTHORITY, ITS AFFILIATES OR SUBSIDIARIES, INCLUDING, BUT NOT LIMITED TO THE BRIDGES AND/OR TUNNELS THAT THEY CONTROL. PERMITS ISSUED PURSUANT TO THIS SUBDI- VISION 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. 15-D. NOTWITHSTANDING ANY LIMITATIONS IMPOSED BY THIS SECTION, UPON THE ISSUANCE OF PERMITS BY THE COMMISSIONER OF TRANSPORTATION FOR MOVE- MENT ON ANY HIGHWAY LOCATED WITHIN A CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY, IN FURTHERANCE OF THE AUTHORITY TO ISSUE PERMITS PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DEPARTMENT OF TRANSPORTATION AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY ARE AUTHORIZED TO ENTER INTO COOPERATIVE AGREEMENTS 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 PORTIONS OF THE STATE HIGHWAY SYSTEM THAT FALL UNDER THE JURISDICTION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY OR ITS SUBSIDIARIES, INCLUDING, BUT NOT LIMITED TO THE BRIDGES THAT THEY CONTROL. PERMITS ISSUED PURSUANT TO THIS SUBDIVISION 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. 15-E. IN FURTHERANCE OF THE AUTHORITY TO ISSUE PERMITS PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION, THE DEPARTMENT OF TRANSPORTATION AND THE NEW YORK STATE BRIDGE AUTHORITY AND ITS SUBSIDIARIES ARE AUTHOR- IZED TO ENTER INTO COOPERATIVE AGREEMENTS RELATIVE TO PERMITS TO OPERATE
OR MOVE VEHICLES OR COMBINATIONS OF VEHICLES THE WEIGHTS OR THE DIMEN- SIONS OF WHICH EXCEED THE LIMITATIONS OTHERWISE PROVIDED FOR IN THIS SECTION ALONG THE PORTIONS OF THE STATE HIGHWAY SYSTEM THAT FALL UNDER THE JURISDICTION OF THE NEW YORK STATE BRIDGE AUTHORITY OR ITS SUBSID- IARIES, INCLUDING, BUT NOT LIMITED TO THE BRIDGES THAT THEY CONTROL. PERMITS ISSUED PURSUANT TO THIS SUBDIVISION MAY BE OF A JOINT OR RECIP- ROCAL 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. S 3. This act shall take effect on the sixtieth day after it shall have become a law, except that item (B) of subparagraph (i) of paragraph (f) of subdivision 15 of section 385 of the vehicle and traffic law, as added by section one of this act, shall take effect January 1, 2012 and shall expire and be deemed repealed December 31, 2014.

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