S T A T E O F N E W Y O R K
________________________________________________________________________
2646
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
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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.
LBD07924-01-1
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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 FEE EQUAL TO TWO DOLLARS TOGETHER WITH THE BALANCE OF THE ANNUAL FEE
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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.