Bill Text: NY A02663 | 2011-2012 | General Assembly | Introduced
Bill Title: Prohibits a city with a population of one million or more from regulating dimensions and weight of motor vehicles; removes provision relating to a comment period for municipalities in response to applications for certain permits issued by the commissioner of transportation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A02663 Detail]
Download: New_York-2011-A02663-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2663
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to regulation
of dimensions and weights of motor vehicles in cities with a popu-
lation of one million or more and to repeal certain provisions of such
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 15 of section 385 of the vehi-
2 cle and traffic law, as amended by section 1 of part C of chapter 59 of
3 the laws of 2004, is amended to read as follows:
4 (a) The commissioner of transportation is hereby authorized to contin-
5 ue to grant permits, and to charge fees therefor, for the operation or
6 movement of a vehicle or combination of vehicles having weights or
7 dimensions which exceed the limitations provided for in this section
8 upon any highway under his or her jurisdiction except that such permit
9 shall not be valid for the operation or movement of such vehicles on any
10 state or other highway within any city not wholly included within one
11 county. Such permits shall be issued in accordance with the terms and
12 conditions contained in rules and regulations governing special hauling
13 permits which have been or shall be promulgated by the commissioner of
14 transportation and which may include, but not be limited to, a require-
15 ment that a vehicle or combination of vehicles being issued a permit
16 shall be accompanied by one or more escort vehicles which is being oper-
17 ated by an individual having a valid escort certificate issued by the
18 commissioner. The commissioner of transportation is authorized to
19 promulgate rules and regulations governing the operation, use and equip-
20 ment of escort vehicles and the duties and responsibilities of the oper-
21 ator of an escort vehicle. Any finding by the commissioner of transpor-
22 tation that an individual has violated such rules and regulations shall
23 be grounds for the cancellation of an individual's escort certificate
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02413-01-1
A. 2663 2
1 and a penalty not to exceed five hundred dollars per occurrence for the
2 first violation and not to exceed one thousand dollars per occurrence
3 for each subsequent violation. Prior to issuing such a finding, the
4 commissioner of transportation shall afford an individual the right to a
5 hearing pursuant to section one hundred forty-five of the transportation
6 law. Such rules and regulations shall take into consideration, but shall
7 not be limited to, the safety of the traveling public and the protection
8 of the highways and the environment. Such rules and regulations shall
9 also contain a schedule of fees to be charged for the issuance of such
10 permits which fees shall cover, but shall not be limited to, the costs
11 to the department of transportation for the administration of the permit
12 program, and shall permit the commissioner of transportation to levy a
13 surcharge of up to twenty dollars for the issuance and distribution of
14 special hauling permits at regional offices of the department of trans-
15 portation. The annual vehicle fee for a permit issued pursuant to
16 subparagraphs (i), (ii), (ii-a) and (iii) of paragraph (f) of this
17 subdivision shall be three hundred sixty dollars for vehicles with less
18 than five axles, seven hundred fifty dollars for vehicles with five or
19 six axles and nine hundred dollars for vehicles with seven or more
20 axles. The annual vehicle fee for a permit issued pursuant to subpara-
21 graphs (iv), (v), and (vi) of paragraph (f) of this subdivision shall be
22 four hundred eighty dollars for vehicles with less than five axles and
23 one thousand dollars for vehicles with five or more axles. Additionally,
24 the commissioner shall establish a fee schedule for the permitting of
25 extra non-power combination units that may not exceed twenty-five
26 dollars per vehicle and may offer discounts for multi-trailer registra-
27 tions. Such fees shall not be charged to municipalities in this state.
28 If the permit has routing requirements, such rules and regulations shall
29 provide that if the routing anticipates the use of highways not under
30 the jurisdiction of the commissioner of transportation, then he or she
31 shall immediately notify the municipality or municipalities, having
32 jurisdiction over such highway that an application for a permit has been
33 received [and request comment thereon. Said municipality or munici-
34 palities shall not have less than fifteen days to comment]. Such rules
35 and regulations shall also contain any other requirements deemed neces-
36 sary by the commissioner of transportation.
37 S 2. Paragraph 1 of subdivision (a) of section 1642 of the vehicle and
38 traffic law is REPEALED.
39 S 3. This act shall take effect immediately.
