Senate Bill S5356

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5356
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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 road salt
 
   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) Except during storms, floods, fires or other  public  emergencies,
 no  such  permit  may  be issued to include a towing operation involving
 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 qualifying high-
 way  or  access highway. Every such permit may designate the route to be
 traversed and contain any other restrictions or conditions deemed neces-
 sary 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 necessity of  show-
 ing  cause.  Except  for  a  vehicle  having  a maximum gross weight not
 exceeding eighty thousand pounds without regard to any axle weight limi-
 tation set forth herein or the maximum gross weight established  by  the
 formula  commonly  referred  to  as  the  bridge formula as set forth in
 subdivision ten of this section and except  for  state  or  municipally-
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05659-01-3
              

 S. 5356                             2
 
 combination  of  vehicles whose weight exceeds the limitations otherwise
 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.   Bulk  milk  AND
 ROAD SALT may be considered one piece or item.
   §  2.  The  opening  paragraph  of  paragraph (f) of subdivision 15 of
 section 385 of the vehicle and traffic law, as amended by section  4  of
 part C of chapter 59 of the laws of 2004, is amended to read as follows:
   The  department  of  transportation,  or  other issuing authority, may
 issue an annual permit for a vehicle designed and constructed  to  carry
 loads  that  are  not  of one piece or item, which is registered in this
 state. Motor carriers having apportioned vehicles registered  under  the
 international  registration  plan  must  either  have  a currently valid
 permit at the time this provision becomes effective or shall have desig-
 nated New York as its base state or one of the eligible jurisdictions of
 operation under the international  registration  plan  in  order  to  be
 eligible  to  receive a permit issued pursuant to subparagraph (i), (ii)
 or (ii-a) of this paragraph. [No]  SUBJECT  TO  PARAGRAPH  (L)  OF  THIS
 SUBDIVISION,  NO permit issued pursuant to this paragraph shall be valid
 for the operation or movement of vehicles on any state or other  highway
 within any city not wholly included within one county unless such permit
 was issued by the city department of transportation of such city.
   §  3.  Subdivision 15 of section 385 of the vehicle and traffic law is
 amended by adding a new paragraph (l) to read as follows:
   (L) NOTWITHSTANDING ANY LAW, LOCAL LAW, RULE,  OR  REGULATION  TO  THE
 CONTRARY,  ANY  VEHICLE  WHICH: (I) HAS BEEN ISSUED A PERMIT PURSUANT TO
 SUBDIVISION FIFTEEN OF THIS SECTION; (II) IS TRANSPORTING ROAD SALT; AND
 (III) DOES NOT HAVE A GROSS VEHICLE  WEIGHT  RATING  IN  EXCESS  OF  ONE
 HUNDRED  SEVEN  THOUSAND  POUNDS,  SHALL BE AUTHORIZED TO OPERATE ON ALL
 PUBLIC HIGHWAYS AND BRIDGES AT ANY TIME BETWEEN THE  MONTHS  OF  OCTOBER
 AND APRIL.
   § 4. This act shall take effect immediately.