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

                                  5072

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2011
                               ___________

Introduced by M. of A. REILLY, GALEF, STEVENSON -- Multi-Sponsored by --
  M.  of  A.  P. RIVERA  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05397-01-1
              

A. 5072                             2

KNOWINGLY  PERMIT  A VEHICLE OR COMBINATION OF VEHICLES TO BE LOADED, OR
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.