S T A T E O F N E W Y O R K
________________________________________________________________________
7557
2021-2022 Regular Sessions
I N A S S E M B L Y
May 13, 2021
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to weight
limits for vehicles with divisible loads operating in the city of New
York; and directing the New York city department of transportation,
the metropolitan transportation authority and the port authority of
New York to permit vehicles with valid downstate divisible load
permits to be operated on highways and bridges within the city of New
York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The commissioner of the New York city department of trans-
portation shall establish rules and regulations which allow vehicles
with divisible loads with valid New York state permits authorizing the
operation of such vehicles within the counties of Westchester, Rockland,
Putnam, Orange, Dutchess, Nassau, and Suffolk to be operated on roads
and bridges operated by the New York city department of transportation.
Any maximum weight limits established by the department shall be equal
to or greater than the maximum weight limits authorized pursuant to such
New York state permits for vehicles with divisible loads authorized to
operate within the counties of Westchester, Rockland, Putnam, Orange,
Dutchess, Nassau, and Suffolk.
§ 2. The metropolitan transportation authority shall allow vehicles
with divisible loads with valid New York state permits authorizing the
operation of such vehicles within the counties of Westchester, Rockland,
Putnam, Orange, Dutchess, Nassau, and Suffolk to be operated on roads
and bridges operated by the authority. Any maximum weight limits estab-
lished by the authority shall be equal to or greater than the maximum
weight limits authorized pursuant to such New York state permits for
vehicles with divisible loads authorized to operate within the counties
of Westchester, Rockland, Putnam, Orange, Dutchess, Nassau, and Suffolk.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11255-01-1
A. 7557 2
§ 3. The port of New York authority shall allow vehicles with divis-
ible loads with valid New York state permits authorizing the operation
of such vehicles within the counties of Westchester, Rockland, Putnam,
Orange, Dutchess, Nassau, and Suffolk to be operated on roads and bridg-
es operated by the authority. Any maximum weight limits established by
the authority shall be equal to or greater than the maximum weight
limits authorized pursuant to such New York state permits for vehicles
with divisible loads authorized to operate within the counties of West-
chester, Rockland, Putnam, Orange, Dutchess, Nassau, and Suffolk.
§ 4. Paragraph (a) of subdivision 15 of section 385 of the vehicle and
traffic law, as amended by chapter 299 of the laws of 2018, 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 UNLESS PROVIDED OTHERWISE PURSUANT TO LAW, RULE OR REGULATIONS.
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 transpor-
tation and which may include, but not be limited to, a requirement that
a vehicle or combination of vehicles being issued a permit shall be
accompanied by one or more escort vehicles which is being operated 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 equipment of escort vehi-
cles and the duties and responsibilities of the operator of an escort
vehicle. Any finding by the commissioner of transportation that an indi-
vidual 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 for each subsequent
violation. Prior to issuing such a finding, the commissioner of trans-
portation 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 depart-
ment 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 haul-
ing permits at regional offices of the department of transportation. 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 vehi-
cle fee for a permit issued pursuant to subparagraphs (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
A. 7557 3
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 registrations. Such fees shall
not be charged to municipalities in this state. A permit issued by the
commissioner to a municipality pursuant to this subdivision, that would
otherwise be annual, shall not expire until such municipality removes
such permitted vehicle from operation; provided, however, that any
amendment to such permit shall remain subject to the commissioner's
approval and nothing contained in this paragraph shall be deemed to
alter the authority of the commissioner to revoke any such permit as
authorized by this chapter. 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 trans-
portation, then he or she shall immediately notify the municipality or
municipalities, having jurisdiction over such highway that an applica-
tion for a permit has been received and request comment thereon. Said
municipality or municipalities shall not have less than fifteen days to
comment. Such rules and regulations shall also contain any other
requirements deemed necessary by the commissioner of transportation.
§ 5. Paragraph (c) of subdivision 15 of section 385 of the vehicle and
traffic law, as amended by chapter 549 of the laws of 1985, is amended
to read as follows:
(c) Upon application in writing and good cause being shown, the city
department of transportation of a city not wholly included within one
county may issue a permit pursuant to this subdivision to operate or
move a vehicle or a combination of vehicles the weights or the dimen-
sions of which exceed the limitations provided for in the rules and
regulations of the city department of transportation of such city upon
all highways within such city including highways which are on the state
system of highways; PROVIDED, HOWEVER, THAT ANY WEIGHT LIMITS FOR SUCH
PERMITS SHALL BE EQUAL TO OR GREATER THAN THE MAXIMUM WEIGHT LIMITS
AUTHORIZED PURSUANT TO NEW YORK STATE PERMITS FOR VEHICLES WITH DIVIS-
IBLE LOADS AUTHORIZED TO OPERATE WITHIN THE COUNTIES OF WESTCHESTER,
ROCKLAND, PUTNAM, ORANGE, DUTCHESS, NASSAU, AND SUFFOLK. The rules and
regulations of such city department of transportation shall 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 city for
the administration of the permit program. Such rules and regulations
shall also contain any other requirements deemed necessary by the city
commissioner of transportation.
§ 6. This act shall take effect immediately.