Senate Bill S6563

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6563
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2017
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the vehicle and traffic law, in relation  to  exceptions
   from  prohibitions  on  the operation of agricultural plated trucks on
   certain state highways and parkways

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs 9 and 22 of subdivision (a) of section 1621 of
 the vehicle and traffic law, paragraph 9 as amended and paragraph 22  as
 added  by  chapter  1008  of  the  laws  of 1983, are amended to read as
 follows:
   9. Exclude  trucks,  commercial  vehicles,  tractors,  tractor-trailer
 combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
 trailer  combinations  from highways specified by the commissioner. Such
 exclusion shall not be construed to prevent the delivery  or  pickup  of
 merchandise  or  other property along the highways from which such vehi-
 cles and combinations are otherwise excluded, NOR SHALL  SUCH  EXCLUSION
 APPLY  TO AGRICULTURAL PLATED TRUCKS DIRECTLY ENGAGED IN THE FURTHERANCE
 OF THE FARM OPERATION.
   22. Exclude trucks,  commercial  vehicles,  tractors,  tractor-trailer
 combinations, tractor-semitrailer combinations, or tractor-trailer-semi-
 trailer  combinations  in  excess  of  any designated weight, designated
 length, designated height, or eight feet in width, from highways or  set
 limits  on hours of operation of such vehicles on particular state high-
 ways or segments of such highways. Such exclusion shall not be construed
 to prevent the delivery or pickup of merchandise or other property along
 the highways from which such  vehicles  or  combinations  are  otherwise
 excluded,  NOR  SHALL SUCH EXCLUSION APPLY TO AGRICULTURAL PLATED TRUCKS
 DIRECTLY ENGAGED IN THE FURTHERANCE OF THE FARM OPERATION.
   § 2. Section 1621 of the vehicle and traffic law is amended by  adding
 a new subdivision (e) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13028-01-7

 S. 6563                             2
 
   (E)  1.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, AND
 SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN PARAGRAPH TWO  OF  THIS
 SUBDIVISION,  NO  RULE OR REGULATION OF THE DEPARTMENT OF TRANSPORTATION
 OR THE OFFICE OR  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  SHALL
 EXCLUDE FROM ANY STATE HIGHWAY OR PARKWAY AN AGRICULTURAL PLATED VEHICLE
 DIRECTLY  ENGAGED  IN  THE  FURTHERANCE  OF  THE FARM OPERATION. FOR THE
 PURPOSES OF THIS SECTION, "FARM  OPERATION"  SHALL  MEAN  THE  LAND  AND
 ON-FARM BUILDINGS, EQUIPMENT, MANURE PROCESSING AND HANDLING FACILITIES,
 AND  PRACTICES  WHICH  CONTRIBUTE  TO  THE  PRODUCTION,  PREPARATION AND
 MARKETING OF CROPS, LIVESTOCK AND LIVESTOCK  PRODUCTS  AS  A  COMMERCIAL
 ENTERPRISE, INCLUDING A "COMMERCIAL HORSE BOARDING OPERATION," A "TIMBER
 OPERATION,"  "COMPOST,  MULCH  OR  OTHER  BIOMASS CROPS" AND "COMMERCIAL
 EQUINE OPERATION" AS DEFINED IN  SUBDIVISION  ELEVEN  OF  SECTION  THREE
 HUNDRED  ONE  OF  THE  AGRICULTURAL AND MARKETS LAW. FOR THE PURPOSES OF
 THIS SECTION, "AGRICULTURAL PLATED TRUCK" SHALL  MEAN  A  TRUCK  AND  AN
 AGRICULTURAL  TRAILER  SHALL  BE  A TRAILER, OTHER THAN A COACH OR HOUSE
 TRAILER OR SEMITRAILER, OWNED BY A PERSON ENGAGED IN PRODUCTION BY MEANS
 OF THE PLANTING, CULTIVATION AND HARVESTING OF  AGRICULTURAL,  VEGETABLE
 AND  FOOD PRODUCTS OF THE SOIL, INCLUDING HORTICULTURAL SPECIALTIES SUCH
 AS NURSERY STOCK, ORNAMENTAL SHRUBS, ORNAMENTAL TREES AND  FLOWERS,  THE
 RAISING,  FEEDING AND CARE OF LIVESTOCK, BEES AND POULTRY OR DAIRY FARM-
 ING. SUCH AGRICULTURAL TRUCK AND AGRICULTURAL TRAILER SHALL BE USED ONLY
 FOR THE TRANSPORTATION OF HIS OWN AGRICULTURAL OR DAIRY  COMMODITIES  OR
 SUPPLIES  OR  FOR  PERSONAL  PASSENGER  USE,  OR USE IN CONJUNCTION WITH
 LUMBERING OPERATIONS CONNECTED WITH BUT ONLY INCIDENTAL TO THE OPERATION
 OF A FARM AS DEFINED IN SECTION FOUR HUNDRED ONE OF THIS CHAPTER.
   2. AN AGRICULTURAL PLATED TRUCK SHALL BE EXEMPT FROM EXCLUSION  PURSU-
 ANT TO THE PROVISIONS OF THIS SUBDIVISION IF THE OPERATION OF SUCH VEHI-
 CLE  ON  A STATE HIGHWAY OR PARKWAY MEETS THE FOLLOWING TERMS AND CONDI-
 TIONS:
   (I) THE OPERATOR IS OPERATING THE AGRICULTURAL PLATED  TRUCK  FOR  THE
 FURTHERANCE OF THE FARM OPERATION;
   (II) THE VEHICLE WEIGHS LESS THAN TWELVE THOUSAND POUNDS;
   (III)  THE  VEHICLE MEETS THE HEIGHT RESTRICTIONS FOR ANY SUCH HIGHWAY
 OR PARKWAY; AND
   (IV) THE VEHICLE MUST NOT OPERATE ON ANY SUCH  PARKWAY  SOUTH  OF  THE
 INTERSECTION OF INTERSTATE 84 AND THE TACONIC PARKWAY.
   3. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO IMPAIR THE
 ABILITY  OF  THE  GOVERNOR  TO WAIVE ALL RESTRICTIONS FOR OPERATION ON A
 STATE HIGHWAY PURSUANT TO A DECLARED STATE OF EMERGENCY.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.