S T A T E O F N E W Y O R K
________________________________________________________________________
422
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. SEMINERIO -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to weight
restriction violation in cities not wholly contained within one county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (c) and (d) of subdivision 19 of section
385 of the vehicle and traffic law, paragraph (a) as added by section 6
of part C of chapter 59 of the laws of 2004, the opening paragraphs of
paragraphs (c) and (d) as amended by section 7 of part C of chapter 59
of the laws of 2004, and paragraphs (c) and (d) as added by chapter 929
of the laws of 1985, are amended to read as follows:
(a) A violation of the provisions of subdivision eight, nine, or ten
of this section by any vehicle or combination of vehicles whose weight
exceeds the weight limitations as set forth in this section, or a
violation of such rules and regulations, by any vehicle or combination
of vehicles whose weight exceeds the weight limitations as set forth in
this section or such rules and regulations, or a violation of the weight
limitations specified by permit issued pursuant to subdivision fifteen
of this section shall be punishable by fines levied on the registered
owner of the vehicle or vehicles, whether at the time of the violation
the vehicle was in the charge of the registered owner or the owner's
agent or lessee in accordance with the following schedule:
Percent of excess weight Amount of fine
(percentage) (dollars)
greater than less than or equal to
0 2.0 150
2.0 4.0 300
4.0 6.0 450
6.0 7.0 525
7.0 8.0 600
8.0 10.0 750
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01875-01-9
A. 422 2
10.0 12.0 950
12.0 14.0 1,150
14.0 16.0 1,350
16.0 18.0 1,550
18.0 20.0 1,750
20.0 22.0 1,950
22.0 24.0 2,150
24.0 26.0 2,350
26.0 28.0 2,550
28.0 30.0 2,750
30.0 32.0 2,950
32.0 34.0 3,150
34.0 36.0 3,350
36.0 38.0 3,550
38.0 40.0 3,750
40.0 3,750
or greater plus $125 for
each percent
over 40 percent
(NOTE: Where the total weight, axle weight or axle grouping weight is
greater than seven percent including any applicable enforcement scale
tolerance in excess of the limits specified by a permit in areas outside
a city not wholly contained in one county, the permit shall be deemed
voided and then the amount of fine shall be determined in accordance
with the maximum weight which would have been in effect for the opera-
tion of such vehicle if the permit to exceed such maximum weight had not
been issued. FOR SECOND AND SUBSEQUENT WEIGHT VIOLATIONS, THE FINES
SHALL BE DOUBLED.)
(c) Notwithstanding paragraphs (a) and (b) of this subdivision, a
violation of the provisions of subdivision ten of this section in a city
not wholly included within one county or of the provisions of the rules
or regulations of the city department of transportation setting forth
the maximum allowable gross weight for the operation of a vehicle in
such city without a permit for such vehicle, by any vehicle or combina-
tion of vehicles whose weight exceeds the weight limitations as set
forth in this section, or such rules and regulations, or the weight
limitations specified by permit issued pursuant to subdivision fifteen
of this section (excluding enforcement scale tolerance not to exceed
five percent) shall be punishable by fines levied on the registered
owner of the vehicle or vehicles, whether at the time of the violation
the vehicle was in the charge of the registered owner or his OR HER
agent or lessee in accordance with the following schedule:
EXCESS TOTAL WEIGHT
(pounds) Amount of Fine
GREATER THAN LESS THAN OR EQUAL TO (DOLLARS)
0 2,000 50
2,000 3,000 75
3,000 4,000 100
4,000 5,000 200
5,000 6,000 300
6,000 7,000 400
7,000 8,000 500
8,000 9,000 600
9,000 10,000 700
A. 422 3
10,000 15,000 1,200
15,000 20,000 1,700
20,000 25,000 2,200
25,000 30,000 2,700
30,000 [35,000 3,200
35,000 40,000 3,700
40,000 45,000 4,200
45,000 50,000 or greater 4,700]
SIX CENTS FOR EACH POUND IN EXCESS OF 30,000
(NOTE: Where the excess total weight is greater than FIVE THOUSAND
POUNDS IN EXCESS OF the limits specified by a permit, the permit shall
be deemed voided and then the amount of fine shall be determined in
accordance with the maximum weight which would have been in effect for
the operation of such vehicle if the permit to exceed such maximum
weight had not been issued. FOR SECOND AND SUBSEQUENT WEIGHT VIOLATIONS,
THE FINES SHALL BE DOUBLED.)
(d) Notwithstanding paragraphs (a) and (b) of this subdivision, a
violation of the provisions of subdivisions eight and nine of this
section in a city not wholly included within one county or of the
provisions of the rules or regulations of the city department of trans-
portation setting forth the maximum allowable axle or tandem axle weight
for the operation of a vehicle in such city without a permit for such
vehicle, by any vehicle or combination of vehicles whose weight exceeds
the weight limitations as set forth in this section, or such rules or
regulations, or the weight limitations specified by permit issued pursu-
ant to subdivision fifteen of this section shall be punishable by fines
levied on the registered owner of the vehicle or vehicles, whether at
the time of the violation the vehicle was in the charge of the regis-
tered owner, or his OR HER agent, or lessee, in accordance with the
following schedule:
Percentage of excess weight
(PERCENTAGE) AMOUNT OF FINE
GREATER THAN LESS THAN OR EQUAL TO (DOLLARS)
0 5.0 [100] 200
5.0 10.0 [200] 400
10.0 15.0 [350] 600
15.0 20.0 [600] 800
20.0 25.0 1000
25.0 30.0 1600
30.0 35.0 2450
35.0 40.0 3600
40.0 45.0 5100
45.0 7000
(NOTE: Where the excess axle or axles weight is greater than FIVE
PERCENT IN EXCESS OF the limits specified by a permit, the permit shall
be deemed voided and then the amount of fine shall be determined in
accordance with the maximum weight which would have been in effect for
the operation of such vehicle if the permit to exceed such maximum
weight had not been issued. FOR SECOND AND SUBSEQUENT WEIGHT VIOLATIONS,
THE FINES SHALL BE DOUBLED.)
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.