S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1066
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Transportation
 
 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
 first violation and not to exceed one thousand  dollars  per  occurrence
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01888-01-7

 A. 1066                             2
 
 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.
   §  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 FEE EQUAL TO TWO DOLLARS TOGETHER WITH THE BALANCE OF THE  ANNUAL  FEE

 A. 1066                             3
 
 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.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.