senate Bill S3041

2013-2014 Legislative Session

Relates to non-divisible load permits

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to transportation
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.653
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Mar 04, 2013 referred to transportation
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.67
Jan 29, 2013 referred to transportation

Votes

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May 13, 2014 - Transportation committee Vote

S3041
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Feb 12, 2013 - Transportation committee Vote

S3041
18
1
committee
18
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

S3041 - Bill Details

See Assembly Version of this Bill:
A4064
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง385, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1523, A4641
2009-2010: S4903, A7338

S3041 - Bill Texts

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Relates to non-divisible load permits.

view sponsor memo
BILL NUMBER:S3041

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to non-divisible load permits; providing for the repeal of
such provisions upon expiration thereof

SUMMARY OF SPECIFIC PROVISIONS: This bill amends Section 385(15) (d)
of the Vehicle and Traffic Law by providing that, in a city not wholly
included within one county, a non-divisible load permit issued by New
York State Department of Transportation will be valid along a
specified route on designated highways connecting Westchester County
to Nassau County.

REASONS FOR SUPPORT: This legislation will simplify the permitting
process for trucks carrying non-divisible loads on one specific route
through New York City between Westchester and Nassau County. The
legislation thus will facilitate the freer movement of commerce
between upstate and downstate.

Trucks carrying goods such as steel beams, modular homes, or
construction equipment are said to have "non-divisible loads," meaning
that their cargo cannot be split and placed onto smaller trucks. When
these vehicles exceed certain dimensions they require a special
permit. If they travel on State roads outside and within New York City
limits, they must obtain two permits: one issued by the New York State
Department of Transportation (NYSDOT) to cover roadways outside and
leading to New York City and the other issued by the New York City
Department of Transportation (NYCDOT) to cover those sections of these
roadways that lie within New York City's limits.

The bill establishes one route within New York City for which the
NYSDOT can issue a permit instead of a NYCDOT permit. The route runs
on 1-95 between the Bronx-Westchester County line and 1-695, on 1-695
between 1-95 and 1-295 between 1-695 and 1-495, and on 1-495 between
1-295 and the Queens-Nassau County line.

This will allow NYSDOT permit holders to travel from upstate New York
and Westchester County to Nassau and Suffolk Counties on Long Island
without having to apply for a second permit from NYCDOT. They would
still be required to obtain authorization from the Metropolitan
Transportation Authority Bridges and Tunnels to cross the Throgs Neck
Bridge. Additionally, the NYSDOT permit (like the current NYCDOT
permit) would not be valid at any time if the truck carrying the
non-divisible load should exit this specific route on its own power
anywhere within New York City.

The route subject to this legislation already is designated as a
critical route on which fifty-three foot trailers may travel through
New York City in transit between Westchester and Long Island.
Fifty-three foot trailers are not permitted on any other road in New
York City.

This legislation has the support of the New York City and New York
State Departments of Transportation.


PRIOR LEGISLATIVE HISTORY: 2010: S.4903 Passed Senate - A.7338
Referred to Transportation 2011-2012 : S. 1523 (passed Senate both
years)/ A. 4641 - Transportation

EFFECTIVE DATE: This act shall take effect on the 180th day after it
shall have become a law, and shall expire four years after it shall
take effect.

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

                                  3041

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  non-divisi-
  ble  load  permits;  providing  for the repeal of such provisions upon
  expiration thereof

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

  Section 1. Paragraph (d) of subdivision 15 of section 385 of the vehi-
cle  and traffic law, as amended by section 3 of part C of chapter 59 of
the laws of 2004, is amended to read as follows:
  (d) (I) Except during storms, floods, fires or other  public  emergen-
cies, no such permit may be issued to include a towing operation involv-
ing  more than two vehicles except three vehicle combinations consisting
of a tractor, semitrailer and trailer or  a  tractor  and  two  trailers
within  legal weight and width limits proceeding to or from any qualify-
ing highway or access highway. Every such permit may designate the route
to be traversed and contain any other restrictions or conditions  deemed
necessary  by  the issuing authority. Every such permit shall be carried
on the vehicle to which it refers and shall be open to the inspection of
any peace officer, acting pursuant to  his  special  duties,  or  police
officer,  or  any  other  officer or employee authorized to enforce this
section. All permits issued shall be revocable by the authority  issuing
them  at the discretion of the authority without a hearing or the neces-
sity of showing cause. Except for  a  vehicle  having  a  maximum  gross
weight  not  exceeding eighty thousand pounds without regard to any axle
weight limitation set forth herein or the maximum  gross  weight  estab-
lished  by the formula commonly referred to as the bridge formula as set
forth in subdivision ten of this section and except for state or munici-
pally-owned single vehicles engaged in snow and ice control  operations,
or  designed or fitted for snow and ice control operations while engaged
in other public works operations on public highways which do not  exceed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07717-01-3

S. 3041                             2

the  weight limits contained in subdivision seventeen-a of this section,
no permit shall be issued to allow operation or movement of any  vehicle
or  combination  of vehicles whose weight exceeds the limitations other-
wise  prescribed  in  this  section  other  than an annual permit issued
pursuant to paragraph (f) of this subdivision except upon a  finding  by
the  department  of  transportation or the appropriate authority, as the
case may be, that the load proposed is of one piece or item or otherwise
cannot be separated into units of less weight  provided,  however,  that
any  such  permit  issued  upon  such finding 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 EXCEPT AS PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
  (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH AND PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION  TO  THE  CONTRARY,
THE DEPARTMENT OF TRANSPORTATION MAY ISSUE SUCH PERMIT FOR THE OPERATION
OR  MOVEMENT  OF  ANY  VEHICLE  OR COMBINATION OF VEHICLES ON ANY OF THE
FOLLOWING PORTIONS OF STATE OR OTHER HIGHWAYS WITHIN ANY CITY NOT WHOLLY
INCLUDED WITHIN ONE COUNTY, AND SUCH VEHICLES OR COMBINATION OF VEHICLES
MAY OPERATE OR MOVE ON SUCH PORTIONS, AND ONLY ON SUCH PORTIONS, OF SUCH
STATE OR OTHER HIGHWAYS WITHIN SUCH CITY WITHOUT A PERMIT ISSUED BY  THE
DEPARTMENT  OF  TRANSPORTATION  OF SUCH CITY: THAT PORTION OF INTERSTATE
NINETY-FIVE BETWEEN THE BRONX-WESTCHESTER COUNTY LINE AND INTERSTATE SIX
HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE SIX HUNDRED  NINETY-FIVE
BETWEEN  INTERSTATE  NINETY-FIVE AND INTERSTATE TWO HUNDRED NINETY-FIVE,
THAT PORTION OF INTERSTATE TWO HUNDRED  NINETY-FIVE  BETWEEN  INTERSTATE
SIX  HUNDRED  NINETY-FIVE  AND  INTERSTATE FOUR HUNDRED NINETY-FIVE, AND
THAT PORTION OF INTERSTATE FOUR HUNDRED NINETY-FIVE  BETWEEN  INTERSTATE
TWO HUNDRED NINETY-FIVE AND THE QUEENS-NASSAU COUNTY BORDER. SUCH PERMIT
SHALL  BE  ISSUED  BY  THE DEPARTMENT OF TRANSPORTATION ONLY UPON: (1) A
FINDING BY SUCH DEPARTMENT THAT THE LOAD PROPOSED IS  OF  ONE  PIECE  OR
ITEM OR OTHERWISE CANNOT BE SEPARATED INTO UNITS OF LESS WEIGHT; (2) THE
APPROVAL OF SUCH CITY; AND (3) WITH RESPECT TO BRIDGES AND HIGHWAYS OVER
WHICH  ANY  AUTHORITY  HAS JURISDICTION, THE APPROVAL OF SUCH AUTHORITY.
ANY SUCH VEHICLE OR COMBINATION OF VEHICLES OPERATING PURSUANT  TO  SUCH
PERMIT SHALL NOT EXIT THE AFOREMENTIONED HIGHWAYS UNDER ITS OWN POWER IN
ANY SUCH CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY.
  [Bulk]  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, BULK milk may be
considered one piece or item.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall expire and be deemed repealed four
years after it shall take effect.

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