S T A T E   O F   N E W   Y O R K
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                                  8567

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2009
                               ___________

Introduced  by M. of A. GANTT -- (at request of the Department of Trans-
  portation) -- read once and referred to the Committee  on  Transporta-
  tion

AN ACT to amend the vehicle and traffic law, in relation to registration
  of oversize and overweight vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 15 of section 385 of the vehi-
cle and traffic law, as amended by section 1 of part C of chapter 59  of
the laws of 2004, is 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. 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 require-
ment that a vehicle or combination of vehicles  being  issued  a  permit
shall be accompanied by one or more escort vehicles which is being oper-
ated  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 equip-
ment of escort vehicles and the duties and responsibilities of the oper-
ator  of an escort vehicle. Any finding by the commissioner of transpor-
tation 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09393-03-9
              

A. 8567                             2

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  trans-
portation.  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  subpara-
graphs (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  registra-
tions.  Such  fees  shall not be charged to municipalities in this state
AND THE COMMISSIONER OF TRANSPORTATION IS  HEREBY  AUTHORIZED  TO  ISSUE
PERMITS  TO  MUNICIPALITIES FOR DURATIONS GREATER THAN ONE YEAR.  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  munici-
palities  shall  not  have less than fifteen days to comment. Such rules
and regulations shall also contain any other requirements deemed  neces-
sary by the commissioner of transportation.
  S  2.  Paragraph  b of subdivision 9 of section 401 of the vehicle and
traffic law, as amended by chapter 847 of the laws of 1968,  is  amended
to read as follows:
  b.  Where  a vehicle registered under the provisions of [subdivisions]
SUBDIVISION seven or eight of this section on the basis of maximum gross
weight requires a corrected registration because of a load in excess  of
the  maximum  load  as certified in the application for registration, or
the registrant desires to register the vehicle at a lower gross  maximum
weight, an application shall be made for correct registration; PROVIDED,
HOWEVER,  THAT  WHEN AN OVERWEIGHT PERMIT IS ISSUED PURSUANT TO SUBDIVI-
SION FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER FOR  A
VEHICLE  WITH  EXTRA LEGAL WEIGHTS AND SUCH VEHICLE IS REGISTERED AT THE
MAXIMUM WEIGHT AT WHICH SUCH  VEHICLE  MAY  BE  REGISTERED  PURSUANT  TO
SUBDIVISION  TEN,  SUBDIVISION SEVENTEEN-A OR SUBDIVISION SEVENTEEN-B OF
SUCH SECTION, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT TO
THIS PARAGRAPH WHILE THE PERMIT FOR EXTRA LEGAL WEIGHTS  IS  IN  EFFECT;
AND  FURTHER, PROVIDED, THAT IN LIEU OF FEES DUE THE DEPARTMENT PURSUANT
TO THIS PARAGRAPH AND SCHEDULE K OF SUBDIVISION SEVEN OF  THIS  SECTION,
THE  COMMISSIONER OF TRANSPORTATION IS AUTHORIZED AND DIRECTED TO IMPOSE

A. 8567                             3

A FEE EQUAL TO TWO DOLLARS TOGETHER WITH THE BALANCE OF THE  ANNUAL  FEE
FOR  WHAT WOULD HAVE OTHERWISE BEEN REQUIRED FOR THE CORRECTED REGISTRA-
TION OVER THE FEE AS PREVIOUSLY REGISTERED AND ANY FEE THAT  WOULD  HAVE
OTHERWISE  BEEN  REQUIRED PURSUANT TO SCHEDULE K OF SUBDIVISION SEVEN OF
THIS  SECTION   AND,   NOTWITHSTANDING   THE   PROVISIONS   OF   SECTION
EIGHTY-NINE-B  OF  THE STATE FINANCE LAW AND THE PROVISIONS OF ANY OTHER
LAW TO THE CONTRARY, SUCH FEE SHALL  BE  DEPOSITED  IN  ACCORDANCE  WITH
SCHEDULE  K  OF  SUBDIVISION  SEVEN  AND  SUBDIVISION TWENTY-ONE OF THIS
SECTION.  Upon the surrendering of the certificate of  registration  and
the  payment  of  a  fee of two dollars together with the balance of the
annual fee for the correct  registration  over  the  fee  as  previously
registered,  such corrected registration may, WHEN NECESSARY, be issued.
No return of any part of the fee  paid  for  the  previous  registration
shall  be  made in case of a reduction of maximum gross weight certified
in the application for a corrected registration.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.