Assembly Bill A7944

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

                                  7944

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. REILLY -- read once and referred to the Committee
  on Transportation

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

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

  Section  1. The opening paragraph and subdivision 18 of section 385 of
the vehicle and traffic law, as amended by chapter 549 of  the  laws  of
1985, are amended to read as follows:
  No  person  shall  operate or move, or cause or knowingly permit to be
operated or moved on any highway or bridge thereon, in  any  county  not
wholly included within a city, any vehicle or combination of vehicles of
a size or weight exceeding the limitations provided for in this section.
Except as otherwise specifically provided in subdivision fifteen of this
section,  no  person shall operate or move, or cause or knowingly permit
to be operated or moved on any highway or bridge thereon,  in  any  city
not  wholly  included  within  one county, any vehicle or combination of
vehicles of a size or weight exceeding the limitations provided  for  in
the  rules  and  regulations of the city department of transportation of
such city adopted pursuant to section sixteen hundred forty-two of  this
chapter.  IN  ANY  COUNTY  NOT  WHOLLY INCLUDED WITHIN A CITY, NO PERSON
SHALL CAUSE OR KNOWINGLY PERMIT A VEHICLE OR COMBINATION OF VEHICLES  TO
BE LOADED, OR ACCEPT DELIVERY OF SUCH VEHICLE OR COMBINATION OF VEHICLES
LOADED,  TO  A  SIZE OR WEIGHT EXCEEDING THE LIMITATIONS PROVIDED FOR IN
THIS SECTION OR PROVIDED  FOR  IN  A  PERMIT  ISSUED  PURSUANT  TO  THIS
SECTION,  WHICH VEHICLE OR COMBINATION OF VEHICLES SUBSEQUENTLY IS OPER-
ATED OR MOVED ON ANY HIGHWAY OR BRIDGE THEREON AND SUCH PERSON  KNEW  OR
HAD  REASON  TO  KNOW OF SUCH OPERATION OR MOVEMENT. EXCEPT AS OTHERWISE
SPECIFICALLY PROVIDED IN SUBDIVISION FIFTEEN OF  THIS  SECTION,  IN  ANY
CITY  NOT  WHOLLY  INCLUDED  WITHIN ONE COUNTY, NO PERSON SHALL CAUSE OR
KNOWINGLY PERMIT A VEHICLE OR COMBINATION OF VEHICLES TO BE  LOADED,  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03735-01-9
              

A. 7944                             2

ACCEPT  DELIVERY OF SUCH A VEHICLE OR COMBINATION OF VEHICLES LOADED, TO
A SIZE OR WEIGHT EXCEEDING THE LIMITATIONS PROVIDED FOR IN THE RULES AND
REGULATIONS OF THE  CITY  DEPARTMENT  OF  TRANSPORTATION  OF  SUCH  CITY
ADOPTED PURSUANT TO SECTION SIXTEEN HUNDRED FORTY-TWO OF THIS CHAPTER OR
PROVIDED  FOR  IN A PERMIT ISSUED PURSUANT THERETO AS AUTHORIZED BY THIS
SECTION, WHICH VEHICLE OR COMBINATION OF VEHICLES SUBSEQUENTLY IS  OPER-
ATED  OR  MOVED ON ANY HIGHWAY OR BRIDGE THEREON AND SUCH PERSON KNEW OR
HAD REASON TO KNOW OF SUCH OPERATION OR MOVEMENT.
  18. Except as provided in subdivision nineteen of  this  section,  the
violation  of  the  provisions  of  this  section  including a violation
related to the operation, within a city not wholly included  within  one
county,  of  a vehicle which exceeds the limitations provided for in the
rules and regulations of the city department of transportation  of  such
city,  shall  be  punishable  by a fine of not less than two hundred nor
more than five hundred dollars, or by imprisonment  for  not  more  than
thirty  days,  or  by  both  such  fine  and imprisonment, for the first
offense; by a fine of not less than five hundred nor more than one thou-
sand dollars, or by imprisonment for not more than  sixty  days,  or  by
both  such  fine and imprisonment, for the second or subsequent offense;
provided that a sentence or execution thereof for  any  violation  under
this  subdivision  may  not  be  suspended.  For  any  violation  of the
provisions of this section, including a violation related to the  opera-
tion,  within a city not wholly included within one county, of a vehicle
which exceeds the limitations provided for in the rules and  regulations
of  the city department of transportation of such city, the registration
of the vehicle may be suspended for a period  not  to  exceed  one  year
whether  at  the  time of the violation the vehicle was in THE charge of
the REGISTERED owner or his OR HER agent OR LESSEE.  The  provisions  of
section  five hundred ten of this chapter shall apply to such suspension
except as otherwise provided [herein] IN THIS SECTION.  A  VIOLATION  OF
THIS SECTION RELATED TO LOADING OR RECEIVING A VEHICLE OR COMBINATION OF
VEHICLES  IN  EXCESS  OF THE WEIGHTS PERMITTED IN THIS SECTION, SHALL BE
PUNISHABLE BY FINES LEVIED ON THE  COMPANY  WHOSE  AGENTS  OR  EMPLOYEES
COMMITTED  SUCH  VIOLATION.  ENFORCEMENT OF THIS SECTION MAY INCLUDE THE
UNANNOUNCED RANDOM CHECK OF A COMPANY'S  SCALE  RECORDS,  WHETHER  MAIN-
TAINED  ON  PAPER  OR  COMPUTER,  FOR A PERIOD NOT TO EXCEED TWENTY-FOUR
HOURS PRIOR TO THE DATE OF INSPECTION.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.