S T A T E   O F   N E W   Y O R K
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                                  4064

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred 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
              

A. 4064                             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.