N.Y. Transportation Law § 171: Exemptions

§ 171. Exemptions. The provisions of this article shall not apply to

the following types of transportation of property by motor vehicle:

1. The transportation of property by or for the federal, state or

municipal governments.

2. The occasional, casual or reciprocal transportation of property for

compensation by any person not engaged in the transportation of property

by motor vehicle as a regular occupation or business.

3. The transportation of property wholly within a municipality or

between contiguous municipalities or within a commercial zone as defined

by the commissioner except when such transportation is under a common

control, management or arrangement for a continuous carriage or shipment

to or from a point without such municipality, municipalities or

commercial zone.

4. The transportation of fresh fish, live fowl and ordinary livestock

except those used for exhibition or racing purposes.

5. The transportation in motor vehicles used exclusively for carrying

fertilizers, soil conditioners, forestry products and agricultural

commodities other than manufactured products thereof.

6. The transportation of livestock and poultry feed and feed

ingredients and agricultural seeds and plants, if such products are

transported to a site of agricultural production or to a business

enterprise engaged in the sale to agricultural producers of goods used

in agricultural production.

7. The transportation of newspapers, magazines or periodicals.

8. The transportation of property in private carriage when such

transportation is incidental to and in furtherance of a primary business

or farming enterprise of such person other than transportation.

9. The transportation of sand, gravel, dirt, debris, road materials,

ready-mixed concrete and similar commodities when transported in dump

trucks and when unloaded by being dumped.

10. The transportation of wrecked or disabled vehicles by the tow-away

method.

11. The transportation by motor vehicles controlled and operated by a

cooperative corporation as defined in the cooperative corporations law

when such transportation activities are related to the members of the

cooperative corporation.

12. The transportation of milk from the farm or farms where produced

or from collection stations where milk is gathered from various farms.

13. The transportation for compensation performed by an agricultural

cooperative corporation for non-members who are not farmers or

cooperative corporations when such transportation is limited to that

which is incidental to the agricultural cooperative corporation's

primary transportation operation and is necessary for its effective

performance. Such transportation shall be provided only after the

agricultural cooperative corporation notifies the commissioner in

writing of its intent to provide the transportation and it shall not

exceed twenty-five percent of the agricultural cooperative corporation's

total transportation services in each calendar year measured in terms of

tonnage. The commissioner may prescribe the records to be kept and the

information to be furnished by all agricultural cooperative corporations

performing transportation pursuant to this subdivision.