N.Y. Vehicle & Traffic Law § 385: Dimensions and weights of vehicles

§ 385. Dimensions and weights of vehicles. No person shall operate or

move, or cause or knowingly permit to be operated or moved on any

highway or bridge thereon, in any county not wholly included within a

city, any vehicle or combination of vehicles of a size or weight

exceeding the limitations provided for in this section. Except as

otherwise specifically provided in subdivision fifteen of this section,

no person shall operate or move, or cause or knowingly permit to be

operated or moved on any highway or bridge thereon, in any city not

wholly included within one county, any vehicle or combination of

vehicles of a size or weight exceeding the limitations provided for in

the rules and regulations of the city department of transportation of

such city adopted pursuant to section sixteen hundred forty-two of this

chapter.

1. (a) (i) The width of a vehicle, inclusive of load, shall be not

more than ninety-six inches plus safety devices, except that the maximum

width of a vehicle, inclusive of load, shall be one hundred two inches,

plus safety devices, on any qualifying or access highway. Except in a

city not wholly included within one county, the maximum width of a

vehicle, inclusive of load shall not be more than one hundred two inches

plus safety devices on any other highway with traffic lanes designed to

be a width of ten feet or more.

(ii) If the legislative body of a county not wholly contained within a

city determines that any specific segment of the state highway system is

not capable of safely accommodating motor vehicles with a width of one

hundred two inches, plus safety devices, such body may notify the

commissioner of transportation of such determination and request that

the commissioner designate such segment as one where the width of motor

vehicles may not exceed ninety-six inches, plus safety devices.

Before making such notification, such county legislative body shall

consult with units of local government within the county in which the

specific segment of such system is located, as well as the county

legislative body of any county adjacent to the requesting county that

might be directly affected by such exemption. As part of such

consultations, consideration shall be given to any potential alternative

route that:

(A) can safely accommodate motor vehicles having the widths set forth

in this paragraph; and

(B) serves the area in which such segment is located.

The county legislative body shall transmit with such notification

specific evidence of safety problems that supports such determination

and the results of consultations regarding any alternative route.

If the commissioner of transportation determines, upon request by a

county legislative body or on the commissioner's own initiative, that

any segment of the state highway system is not capable of safely

accommodating motor vehicles having the widths set forth in this

paragraph, the commissioner shall exempt such segment from the

provisions of this paragraph.

(b) The provisions of paragraph (a) of this subdivision shall not

apply to vehicles and implements or combinations thereof, not over

twelve feet in width and used solely for farm purposes, except upon any

highway at any time on which operation is prohibited by order of the

department of transportation.

(c) The provisions of paragraph (a) of this subdivision shall not

apply to vehicles and implements or combinations thereof, between twelve

and up to seventeen feet in width, used solely for farm purposes when

the following requirements are met:

(i) the vehicle and implement or combination thereof is operated

during the period from one-half hour before sunrise to one-half hour

after sunset;

(ii) red or orange fluorescent flags not smaller than eighteen inches

square, and reflectors are placed on the extreme corners of the load;

(iii) two flashing amber lights in compliance with regulations

prescribed by the commissioner of transportation are attached to the

rear of the load or, if the vehicle hauling such implement is equipped

with hazard lights which are visible from the rear of the load, such

lights are flashing; and

(iv) if the vehicle or load extends beyond the center line of a

highway or if the vehicle is being operated during any time when, due to

rain, sleet, snow, hail, fog, insufficient light, or for any other

reason, visibility for a distance of one thousand feet ahead is not

clear, the vehicle is preceded by an escort vehicle which is equipped

with a warning sign and flashing lights in compliance with regulations

prescribed by the commissioner of transportation.

(d) The provisions of paragraph (a) of this subdivision shall not

apply to vehicles and implements or combinations thereof, not over

thirteen feet in width and designed and intended for use solely for farm

purposes when owned or in the possession of a dealer in farm implements

and equipment, during the same period and under the same conditions and

restrictions as set forth in paragraph (b) of this subdivision; nor

shall paragraph (a) of this subdivision apply to the transportation of

such vehicles, implements and combinations thereof as a load on another

vehicle, such vehicle and load not to exceed thirteen feet in width,

during the same period and under the same conditions and restrictions as

set forth in paragraph (b) of this subdivision.

(e) The provisions of paragraph (a) of this subdivision shall not

apply to omnibuses or buses used solely for the transportation of

children to and from school, but the width of such omnibuses shall not

exceed ninety-eight inches.

(f) Notwithstanding the provisions of paragraph (a) of this

subdivision, the maximum width for omnibuses or buses having a carrying

capacity of more than seven passengers shall not exceed one hundred two

inches, provided, however, that when omnibuses or buses are operated

wholly within a city, such city may, by local law or ordinance but

subject to paragraph (h) of this subdivision, limit the width of

omnibuses or buses to not more than ninety-eight inches.

(g) Notwithstanding the provisions of paragraph (a) of this

subdivision, racks for carrying hay, straw or unthreshed grain may have

a width of ten feet at the top of the rack. In no case shall the width

at the base of the rack exceed one hundred two inches, nor shall the

width of a rack exceed one hundred two inches at any portion thereof

while on any qualifying highway.

(h) Notwithstanding the provisions of paragraph (a) of this

subdivision, a house coach used for non-commercial purposes may exceed

the maximum width applicable on the highway upon which such house coach

is traveling if such excess width is wholly attributable to an awning

and its support hardware that is no less than seven and one-half feet

off the ground and extends no more than six inches beyond the body of

the vehicle on the passenger side and four inches beyond the body of the

vehicle on the driver's side. A fifth wheel trailer designed to provide

temporary living quarters for recreational, camping, or travel use not

to exceed four hundred square feet in the set-up mode and used for

non-commercial purposes may exceed the maximum width applicable on the

highway upon which such fifth wheel trailer is traveling if such excess

width is wholly attributable to an awning and its support hardware that

is no less than seven and one-half feet off the ground and extends no

more than six inches beyond the body of the vehicle on the passenger

side. This provision shall not apply to any city not wholly included

within one county except such house coaches and fifth wheel trailers

used for non-commercial purposes may be operated on that portion of

interstate ninety-five which connects interstate two hundred

eighty-seven with interstate two hundred ninety-five, that portion of

interstate two hundred ninety-five which connects interstate ninety-five

with interstate four hundred ninety-five and that portion of interstate

four hundred ninety-five between interstate ninety-five and the

Nassau-Queens county line.

(i) The commissioner of transportation may promulgate such rules and

regulations as shall be necessary or desirable to effectuate the

provisions of this subdivision.

2. The height of a vehicle from under side of tire to top of vehicle,

inclusive of load, shall be not more than thirteen and one-half feet.

Any damage to highways, bridges or highway structures resulting from the

use of a vehicle exceeding thirteen feet in height where such excess

height is the proximate cause of the accident shall be compensated for

by the owner and operator of such vehicle.

3. (a) The length of a single vehicle, inclusive of load and bumpers,

shall be not more than forty feet unless otherwise provided in this

subdivision.

(b) The length of a semitrailer or trailer shall not exceed

forty-eight feet provided, however, that the length of any trailer or

semitrailer being operated in combination with another trailer or

semitrailer shall not exceed twenty-eight and one-half feet. A B-train

assembly shall be excluded from the measurement of the length of a

semitrailer when such semitrailer is in use between the tractor and the

second semitrailer in a tractor-semitrailer-semitrailer combination of

vehicles.

(c) The length of buses having a carrying capacity of more than seven

passengers shall not exceed forty-five feet, except that the length of

articulated buses shall not exceed sixty-two feet. A house coach shall

not exceed forty-five feet in length, provided however, that if a house

coach exceeds forty feet in length, its wall-to-wall turning diameter

shall not exceed ninety feet three inches and moreover, such house coach

shall have permanently affixed to its body on the front passenger side

door jamb, a data-plate on which the house coach manufacturer indicates

the vehicle identification number and wall-to-wall turning diameter and

attests to the fact that the wall-to-wall turning diameter is calculated

in accordance with the Society of Automotive Engineers J-695 Standard as

such standard existed on June first, two thousand three, regarding

turning capability. In the event such a house coach exceeds either

twenty-six thousand pounds gross vehicle weight rating, is greater than

forty feet in length or exceeds both, the operator of such house coach

must have a driver's license with a personal use vehicle endorsement as

set forth in subparagraph (vii) of paragraph (b) of subdivision two of

section five hundred one of the this chapter. This provision shall not

apply to any city not wholly included within one county except such

house coaches and fifth wheel trailers used for non-commercial purposes

may be operated on that portion of interstate ninety-five which connects

interstate two hundred eighty-seven with interstate two hundred

ninety-five, that portion of interstate two hundred ninety-five which

connects interstate ninety-five with interstate four hundred ninety-five

and that portion of interstate four hundred ninety-five between

interstate ninety-five and the Nassau-Queens county line.

(d) The provisions of this subdivision shall not apply to fire

vehicles.

(e) Except in any city not wholly included within one county, any

semitrailer with a length in excess of forty-eight feet, but not

exceeding fifty-three feet, may be operated on any qualifying highway or

specifically designated access highway if the distance between the

kingpin of the semitrailer and the centerline of the rear axle does not

exceed forty-three feet and if the semitrailer is equipped with a

rear-end protective device of substantial construction consisting of a

continuous lateral beam extending to within four inches of the lateral

extremities of the semitrailer and located not more than twenty-two

inches from the surface as measured with the vehicle empty and on a

level surface. In addition, such vehicles may be operated on that

portion of interstate ninety-five which connects interstate two hundred

eighty-seven with interstate two hundred ninety-five, that portion of

interstate two hundred ninety-five which connects interstate ninety-five

with interstate four hundred ninety-five and that portion of interstate

four hundred ninety-five between interstate ninety-five and the

Nassau-Queens county line.

(f) The length of any center panel of an altered livery shall not

exceed one hundred inches unless the owner of such vehicle can

demonstrate that the livery conforms to all applicable federal and state

motor vehicle safety standards at the time of registration in accordance

with section four hundred one of this chapter.

(g) The length of a specialized material delivery vehicle, inclusive

of load and bumpers, shall not be more than forty feet provided,

however, that the portion of an attached boom or forklift that extends

beyond the rear bumper by not more than five feet shall be excluded from

the measurement of the length of a specialized material delivery

vehicle. For the purposes of this paragraph, "specialized material

delivery vehicle" shall mean a single unit truck having an attached boom

or forklift for the purpose of hoisting, swinging, loading or unloading

material from such truck. The provisions of this paragraph authorizing

the exclusion from the measurement of the length of a specialized

material delivery vehicle shall not apply unless the operator of such

vehicle holds a valid commercial driver's license as defined by

subdivision one of section five hundred one-a of this chapter.

* NB There are 2 par (g)'s

* (g) The length of a tow truck or car carrier, inclusive of load and

bumpers, shall be not more than forty feet, except that a car carrier

may have an overhang that extends beyond the rear bumper of such car

carrier by not more than three feet and except, further, that a wheel

lift that is less than fifteen feet in length shall not be included as

part of the length of a tow truck or car carrier when such wheel lift is

in use by such tow truck or car carrier to tow another motor vehicle.

* NB There are 2 par (g)'s

(h) The commissioner of motor vehicles in consultation with the

commissioner of transportation may promulgate such rules and regulations

as shall be necessary or desirable to effectuate the provisions of this

subdivision.

4. (a) The total length of a combination of vehicles, inclusive of

load and bumpers, shall not be more than sixty-five feet.

(b) The provisions of paragraph (a) of this subdivision shall not

apply to:

1. A combination of vehicles being operated on any qualifying highway

or access highway;

2. Vehicles of a corporation which is subject to the jurisdiction of

the interstate commerce commission, the public service commission or

other regulatory body and which are used in the construction,

reconstruction, repair or maintenance of its property or facilities,

provided that any such vehicle complies with the safety requirements of

the laws and regulations of the United States and of this state

pertaining to overlength vehicles;

3. Vehicles hauling poles, girders, columns, or other similar objects

of great length provided that any such vehicle complies with the safety

requirements of the laws and regulations of the United States and of

this state pertaining to such overlength vehicles;

4. Fire vehicles;

5. A vehicle or combination of vehicles which is disabled and unable

to proceed under its own power and is being towed for a distance not in

excess of ten miles for the purpose of repairs or removal from the

highway, except that the distance to the nearest exit of a

controlled-access highway shall not be considered in determining such

ten mile distance;

6. Stinger-steered automobile transporters or stinger-steered boat

transporters, while operating on qualifying and access highways.

Stinger-steered boat transporters shall not, however, exceed

seventy-five feet exclusive of an overhang of not more than three feet

on the front and four feet on the rear of the vehicle and

stinger-steered automobile transporters shall not exceed eighty feet

exclusive of an overhang of not more than four feet on the front and six

feet on the rear of the vehicle; and

7. A combination of vehicles operating on any qualifying or access

highways consisting of a power unit and two trailers or semitrailers

with a total weight that shall not exceed twenty-six thousand pounds

when the overall length is greater than sixty-five feet but shall not

exceed eighty-two feet in which the trailers or semitrailers carry no

property and constitute inventory property of a manufacturer,

distributor, or dealer of such trailers or semitrailers.

(c) Notwithstanding the provisions of paragraph (a) of this

subdivision, an overhang of not more than three feet on the front and

four feet on the rear of an automobile transporter or an overhang of not

more than four feet on the front and six feet on the rear of a

stinger-steered automobile transporter or an overhang of not more than

three feet on the front and four feet on the rear of a boat transporter

or stinger-steered boat transporter shall be permitted.

5. In determining the number of wheels and axles on any vehicle or

combination of vehicles within the meaning of this section, only two

wheels shall be counted for each axle, and axles which are less than

forty-six inches apart, from center to center, shall be counted as one

axle. However, in the case of multiple tires or multiple wheels, the sum

of the widths of all the tires on a wheel or combination of wheels shall

be taken in determining tire width.

6. The weight per inch width of tire on any one wheel of a single

vehicle or a combination of vehicles equipped with pneumatic tires, when

loaded, shall be not more than eight hundred pounds.

7. The weight on any one wheel of a single vehicle or a combination of

vehicles, equipped with pneumatic tires, when loaded, shall be not more

than eleven thousand two hundred pounds.

8. The weight on any one axle of a single vehicle or a combination of

vehicles, equipped with pneumatic tires, when loaded, shall be not more

than twenty-two thousand four hundred pounds.

9. The weight on any two consecutive axles of a single vehicle or a

combination of vehicles, equipped with pneumatic tires, when loaded, and

when such axles are spaced less than eight feet from center to center,

shall be not more than thirty-six thousand pounds, except where axles

are spaced eight feet or greater, but less than ten feet, the weight on

those two axles shall not exceed that permitted by paragraph (b) of

subdivision ten of this section and, in addition, shall not exceed forty

thousand pounds. Axles to be counted as provided in subdivision five of

this section.

10. A single vehicle or a combination of vehicles having three axles

or more and equipped with pneumatic tires, when loaded, may have a total

weight on all axles not to exceed thirty-four thousand pounds, plus one

thousand pounds for each foot and major fraction of a foot of the

distance from the center of the foremost axle to the center of the

rearmost axle. Axles to be counted as provided in subdivision five of

this section. In no case, however, shall the total weight exceed eighty

thousand pounds except for a vehicle if operated by an engine fueled

primarily by natural gas which may have a maximum gross weight of up to

eighty-two thousand pounds. For any vehicle or combination of vehicles

having a total gross weight less than seventy-one thousand pounds, the

higher of the following shall apply:

(a) the total weight on all axles shall not exceed thirty-four

thousand pounds plus one thousand pounds for each foot and major

fraction of a foot of the distance from the center of the foremost axle

to the center of the rearmost axle, or

(b) the overall gross weight on a group of two or more consecutive

axles shall not exceed the weight produced by application of the

following formula:

W = 500 ((LxN)/(N-1) + (12xN)+36)

where W equals overall gross weight on any group of two or more

consecutive axles to the nearest five hundred pounds, L equals distance

in feet from the center of the foremost axle to the center of the

rearmost axle of any group of two or more consecutive axles, and N

equals number of axles in group under consideration, except that two

consecutive sets of tandem axles may carry a gross load of thirty-four

thousand pounds each providing the overall distance between the first

and last axles of such consecutive sets of tandem axles is thirty-six

feet or more.

For any vehicle or combination of vehicles having a total gross weight

of seventy-one thousand pounds or greater, paragraph (b) shall apply to

determine maximum gross weight which is permitted hereunder.

10-a. (a) Notwithstanding the provisions of subdivisions seven, eight,

nine, ten, eleven and twelve of this section, the calculation of weight

pursuant to such subdivisions shall exclude the actual weight, not to

exceed four hundred pounds, of a fully-functioning idle reduction device

installed on a vehicle or combination of vehicles that are subject to

such subdivisions, provided that the operator of such vehicle: (i)

maintains written certification of the actual weight of such device and

acceptable proof that it is fully functional; and (ii) provides such

certification and proof, upon request, to a law enforcement officer or

any other officer or employee authorized to enforce this section.

Acceptable proof of the functionality of such device shall consist of

written certification from the manufacturer of such idle reduction

device, physical demonstration, or any other documentation acceptable to

the commissioner of transportation as may be set forth in regulations

promulgated by such commissioner after consultation with the

commissioner of environmental conservation.

(b) For the purposes of this subdivision, the following terms shall

have the following meanings: (i) "auxiliary power unit" shall mean an

integrated system that (A) provides heat, air conditioning, engine

warming, or electricity to components on a vehicle which is subject to

the provisions of this section and (B) is certified under part

eighty-nine of title forty of the code of federal regulations (as may

from time to time be amended) as meeting applicable emission standards;

and (ii) "idle reduction device" shall mean an auxiliary power unit or

other technology that is used to reduce long-duration idling (as such

term is defined in paragraph seven of subdivision (a) of section 16104

of the United States code as may from time to time be amended) and

allows for the main drive engine or auxiliary refrigeration engine to be

shut down.

11. A vehicle or combination of vehicles equipped with any solid

rubber tires shall not have weights more than eighty per centum of those

permitted in this section for pneumatic tires. Notwithstanding the

provisions of this section, vehicles equipped with solid rubber tires

and registered in this state prior to January first, nineteen hundred

thirty-two shall be permitted to operate until January first, nineteen

hundred thirty-three under tire and axle loadings prescribed by chapter

four hundred ninety-eight of the laws of nineteen hundred thirty.

12. Motor vehicles or vehicles drawn by motor vehicles when equipped

with metal tires shall not have weights more than forty per centum of

those permitted in this section for pneumatic tires.

13. For the purpose of this section, the width of pneumatic tires

shall be ascertained by measuring the greatest width of the tire casing

when tire is inflated. The width of solid rubber tires shall be

ascertained by measuring the width of the tire base channel or between

the flanges of the metal rim, provided that no vehicle equipped with

solid rubber tires shall be operated upon a public highway, which has at

any point less than one inch of rubber above the top or beyond the

flange or rim. The width of metal tires shall be ascertained by

measuring the width of contact of the tire with the road surface.

14. No person shall operate or move a vehicle or a combination of

vehicles over, on or through any bridge or structure on any highway if

the weight of such vehicle, or combination of vehicles, and load, is

greater than the posted capacity of the structure or exceeds the height

of the posted clearance as shown by an official sign.

15. Except where inconsistent with federal law, rules and regulations:

(a) The commissioner of transportation is hereby authorized to continue

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. 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

transportation 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 vehicles and the duties and responsibilities of the

operator of an escort vehicle. Any finding by the commissioner of

transportation that an individual 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 transportation 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 department 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 hauling 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 vehicle 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 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

transportation, then he or she shall immediately notify the municipality

or municipalities, having jurisdiction over such highway that an

application 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.

(b) Upon application in writing and good cause being shown, the

department of transportation may issue a permit pursuant to this

subdivision to operate or move a vehicle or a combination of vehicles,

the weights or the dimensions of which exceed the limitations provided

for in this section upon any highway under its 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. For any other public highway in any county

not wholly included within a city which is not on the state system of

highways the authority having jurisdiction over same may issue a similar

permit, provided that the fee charged for such permit shall not exceed

ten dollars.

(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

dimensions 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. 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.

(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

highway or access highway. Every such permit may designate the route to

be traversed and contain any other restrictions or conditions deemed

necessary 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 showing cause. Except for a vehicle having a maximum gross

weight not exceeding eighty thousand pounds without regard to any axle

weight limitation 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 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 may be considered one piece or item.

(e) The department of transportation or the issuing authority, as the

case may be, shall establish criteria by rule or regulation under which

any vehicle, combination of vehicles, or specified cargoes in specified

circumstances or specified sites, routing or projects may be considered

one piece or item for the purpose of a permit under this subdivision.

(f) 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

designated 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 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.

Effective January first, two thousand five, no vehicle or combination

of vehicles issued a permit pursuant to this paragraph shall cross a

bridge designated as an R-posted bridge by the commissioner of

transportation or any other permit issuing authority absent a

determination by such commissioner or permit issuing authority that the

permit applicant has demonstrated special circumstances warranting the

crossing of such bridge or bridges and a determination by such

commissioner or permit issuing authority that such bridge or bridges may

be crossed safely, provided, however, that in no event shall a vehicle

or combination of vehicles issued a permit under this paragraph be

permitted to cross a bridge designated as an R-posted bridge if such

vehicle or combination of vehicles has a maximum gross weight exceeding

one hundred two thousand pounds, and provided further, however, that

nothing contained herein shall be deemed to authorize any vehicle or

combination of vehicles to cross any such bridge within any city not

wholly included within one county unless such vehicle or combination of

vehicles has been issued a valid permit by the city department of

transportation of such city pursuant to this subdivision.

No vehicle having a model year of two thousand six or newer shall be

issued a permit pursuant to this paragraph unless each axle of such

vehicle or combination of vehicles, other than steerable or trackable

axles, is equipped with two tires on each side of the axle, any air

pressure controls for lift axles are located outside the cab of the

vehicle and are beyond the reach of occupants of the cab while the

vehicle is in motion, the weight on any grouping of two or more axles is

distributed such that no axle in the grouping carries less than eighty

percent of any other axle in the grouping and any liftable axle is

steerable or trackable; and, further provided, after December

thirty-first, two thousand nineteen, no permit shall be issued pursuant

to this paragraph to a vehicle of any model year that does not meet the

requirements of this provision, except that such permits may be issued

prior to January first, two thousand twenty to a vehicle that does not

meet the requirement concerning axle grouping weight distribution, but

meets all other requirements of this section.

A divisible load permit may only be transferred to a replacement

vehicle by the same registrant or transferred with the permitted vehicle

as part of the sale or transfer of the permit holder's business; or, if

the divisible load permit is issued pursuant to subparagraph (iv), (v)

or (vi) of this paragraph for use within the counties of Westchester,

Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess and has been

effective for the five years preceding a transfer of such permit, the

permit may be transferred with the permitted vehicle in the sale of the

permitted vehicle to the holder of a permit issued pursuant to

subparagraph (iv), (v) or (vi) of this paragraph for use within the

counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and

Dutchess.

If a permit holder operates a vehicle or combination of vehicles in

violation of any posted weight restriction, the permit issued to such

vehicle or combination of vehicles shall be deemed void as of the next

day and shall not be reissued for a period of twelve calendar months.

Until June thirtieth, nineteen hundred ninety-four, no more than

sixteen thousand power units shall be issued annual permits by the

department for any twelve-month period in accordance with this

paragraph. After June thirtieth, nineteen hundred ninety-four, no more

than sixteen thousand five hundred power units shall be issued annual

permits by the department for any twelve-month period. After December

thirty-first, nineteen hundred ninety-five, no more than seventeen

thousand power units shall be issued annual permits by the department

for any twelve-month period. After December thirty-first, two thousand

three, no more than twenty-one thousand power units shall be issued

annual permits by the department for any twelve-month period. After

December thirty-first, two thousand five, no more than twenty-two

thousand power units shall be issued annual permits by the department

for any twelve-month period. After December thirty-first, two thousand

six, no more than twenty-three thousand power units shall be issued

annual permits by the department for any twelve-month period. After

December thirty-first, two thousand seven, no more than twenty-four

thousand power units shall be issued annual permits by the department

for any twelve-month period. After December thirty-first, two thousand

eight, no more than twenty-five thousand power units shall be issued

annual permits by the department for any twelve-month period. After

December thirty-first, two thousand sixteen, no more than twenty-seven

thousand power units shall be issued annual permits by the department

for any twelve-month period.

Whenever permit application requests exceed permit availability, the

department shall renew annual permits that have been expired for less

than four years which meet program requirements, and then shall issue

permit applicants having less than three divisible load permits such

additional permits as the applicant may request, providing that the

total of existing and new permits does not exceed three. Remaining

permits shall be allocated by lottery in accordance with procedures

established by the commissioner in rules and regulations.

The department of transportation may issue a seasonal agricultural

permit in accordance with subparagraphs (i), (ii) and (iii) of this

paragraph that will be valid for four consecutive months with a fee

equal to one-half the annual permit fees established under this

subdivision.

For a vehicle issued a permit in accordance with subparagraphs (iii),

(iv), (v) and (vi) of this paragraph, such a vehicle must have been

registered in this state prior to January first, nineteen hundred

eighty-six or be a vehicle or combination of vehicles which replace such

type of vehicle which was registered in this state prior to such date

provided that the manufacturer's recommended maximum gross weight of the

replacement vehicle or combination of vehicles does not exceed the

weight for which a permit may be issued and the maximum load to be

carried on the replacement vehicle or combination of vehicles does not

exceed the maximum load which could have been carried on the vehicle

being replaced or the registered weight of such vehicle, whichever is

lower, in accordance with the following subparagraphs:

(i) A permit may be issued for a vehicle having at least three axles

and a wheelbase not less than sixteen feet and for a vehicle with a

trailer not exceeding forty-eight feet. The maximum gross weight of such

a vehicle shall not exceed forty-two thousand five hundred pounds plus

one thousand two hundred fifty pounds for each foot and major fraction

of a foot of the distance from the center of the foremost axle to the

center of the rearmost axle, or one hundred two thousand pounds,

whichever is more restrictive provided, however, that any four axle

group weight shall not exceed sixty-two thousand pounds, any tridem axle

group weight shall not exceed fifty-seven thousand pounds, any tandem

axle weight does not exceed forty-seven thousand pounds and any single

axle weight shall not exceed twenty-five thousand pounds.

Any additional special authorizations contained in a currently valid

annual permit shall cease upon the expiration of such current annual

permit.

(ii) A permit may be issued subject to bridge restrictions for a

vehicle or a combination of vehicles having at least six axles and a

wheel base of at least thirty-six and one-half feet. The maximum gross

weight of such vehicle or combination of vehicles shall not exceed one

hundred seven thousand pounds and any tridem axle group weight shall not

exceed fifty-eight thousand pounds and any tandem axle group weight

shall not exceed forty-eight thousand pounds.

(ii-a) A permit may be issued subject to bridge restrictions for a

combination of vehicles having at least seven axles and a wheelbase of

at least forty-three feet. The maximum gross weight of such combination

of vehicles shall not exceed one hundred seventeen thousand pounds, any

four axle group weight shall not exceed sixty-three thousand pounds, any

tridem axle group weight shall not exceed fifty-eight thousand pounds,

any tandem axle group weight shall not exceed forty-eight thousand

pounds, and any single axle weight shall not exceed twenty-five thousand

pounds.

Each axle of such combination of vehicles, other than steerable or

trackable axles, shall be equipped with two tires on each side of the

axle, any air pressure controls for lift axles shall be located outside

the cab of the combination of vehicles and shall be beyond the reach of

occupants of the cab while the combination of vehicles is in motion, the

weight on any grouping of two or more axles shall be distributed such

that no axle in the grouping carries less than eighty percent of any

other axle in the grouping, and any liftable axle of such combination of

vehicles shall be steerable or trackable.

(iii) A permit may be issued for a vehicle having two axles and a

wheelbase not less than ten feet, with the maximum gross weight not in

excess of one hundred twenty-five percent of the total weight limitation

as set forth in subdivision ten of this section. Furthermore, until

December thirty-first, nineteen hundred ninety-four, any single rear

axle weight shall not exceed twenty-eight thousand pounds. After

December thirty-first, nineteen hundred ninety-four, any axle weight

shall not exceed twenty-seven thousand pounds.

(iv) Within a city not wholly included within one county and the

counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and

Dutchess, a permit may be issued for a vehicle having at least three

axles and a wheelbase not exceeding forty-four feet nor less than

seventeen feet or for a vehicle with a trailer not exceeding forty feet.

Until December thirty-first, nineteen hundred ninety-four, a permit

may only be issued for such a vehicle having a maximum gross weight not

exceeding eighty-two thousand pounds and any tandem axle group weight

shall not exceed sixty-two thousand pounds.

After January first, nineteen hundred ninety-five, the operation of

such a vehicle shall be further limited and a permit may only be issued

for such a vehicle having a maximum gross weight not exceeding

seventy-nine thousand pounds and any tandem axle group weight shall not

exceed fifty-nine thousand pounds, and any tridem shall not exceed

sixty-four thousand pounds.

A permit may be issued only until December thirty-first, nineteen

hundred ninety-four for a vehicle having at least three axles and a

wheelbase between fifteen and seventeen feet. The maximum gross weight

of such a vehicle shall not exceed seventy-three thousand two hundred

eighty pounds and any tandem axle group weight shall not exceed

fifty-four thousand pounds.

No vehicle having a model year of two thousand six or newer shall be

issued a permit pursuant to this subparagraph for use within the

counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and

Dutchess unless it is equipped with at least four axles, and further

provided, after December thirty-first, two thousand fourteen, no permit

shall be issued pursuant to this subparagraph for use within the

counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and

Dutchess to a vehicle of any model year unless the vehicle is equipped

with at least four axles.

(v) Within a city not wholly included within one county and the

counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange or

Dutchess, a permit may be issued only until December thirty-first,

nineteen hundred ninety-nine for a vehicle or combination of vehicles

that has been permitted within the past four years having five axles and

a wheelbase of at least thirty-six and one-half feet. The maximum gross

weight of such a vehicle or combination of vehicles shall not exceed one

hundred five thousand pounds and any tandem axle group weight shall not

exceed fifty-one thousand pounds.

Within a city not wholly included within one county and the counties

of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,

a permit may be issued for a vehicle or combination of vehicles having

at least five axles and a wheelbase of at least thirty feet. The maximum

gross weight of such vehicle or combination of vehicles shall not exceed

ninety-three thousand pounds and any tridem axle group weight shall not

exceed fifty-seven thousand pounds and any tandem axle group weight

shall not exceed forty-five thousand pounds.

(vi) Within a city not wholly included within one county and the

counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and

Dutchess, a permit may be issued for a vehicle or combination of

vehicles having at least five axles or more and a wheelbase of at least

thirty-six and one-half feet, provided such permit contains routing

restrictions.

Until December thirty-first, nineteen hundred ninety-four, the maximum

gross weight of a vehicle or combination of vehicles permitted under

this subparagraph shall not exceed one hundred twenty thousand pounds

and any tandem or tridem axle group weight shall not exceed sixty-nine

thousand pounds, provided, however, that any replacement vehicle or

combination of vehicles permitted after the effective date of this

subparagraph shall have at least six axles, any tandem axle group shall

not exceed fifty thousand pounds and any tridem axle group shall not

exceed sixty-nine thousand pounds.

After December thirty-first, nineteen hundred ninety-four, the tridem

axle group weight of any vehicle or combination of vehicles issued a

permit under this subparagraph shall not exceed sixty-seven thousand

pounds, any tandem axle group weight shall not exceed fifty thousand

pounds and any single axle weight shall not exceed twenty-five thousand

seven hundred fifty pounds.

After December thirty-first, nineteen hundred ninety-nine, all

vehicles issued a permit under this subparagraph must have at least six

axles.

After December thirty-first, two thousand fourteen, all combinations

of vehicles issued a permit under this subparagraph for use within the

counties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and

Dutchess must have at least seven axles and a wheelbase of at least

forty-three feet.

After December thirty-first, two thousand six, no permits shall be

issued under this subparagraph for use within the counties of

Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for

a vehicle or combination of vehicles having less than seven axles or

having a wheelbase of less than forty-three feet, provided, however,

that permits may be issued for use within the counties of Westchester,

Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for vehicles or

combinations of vehicles where the permit applicant demonstrates that

the applicant acquired the vehicle or combination of vehicles prior to

December thirty-first, two thousand six, and that if the vehicle or

combination of vehicles was acquired by the applicant after the

effective date of this provision, such vehicle or combination of

vehicles is less than fifteen years old. In instances where the

application is for a combination of vehicles, the applicant shall

demonstrate that the power unit of such combination satisfies the

conditions of this subparagraph. In no event shall a permit be issued

under this subparagraph for use within the counties of Westchester,

Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for a vehicle or

combination of vehicles having less than seven axles or having a

wheelbase of less than forty-three feet after December thirty-first, two

thousand fourteen.

Except as otherwise provided by this subparagraph for the period

ending December thirty-first, two thousand fourteen, after December

thirty-first, two thousand three, any combination of vehicles issued a

permit under this subparagraph for use within the counties of

Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess

shall not exceed one hundred twenty thousand pounds, shall have at least

seven axles, shall have a wheelbase of at least forty-three feet, and

single axle weight shall not exceed twenty-five thousand seven hundred

fifty pounds, any tandem axle group weight shall not exceed forty-eight

thousand pounds, any tridem axle group weight shall not exceed

sixty-three thousand pounds and any four axle group shall not exceed

sixty-five thousand pounds.

From the date of enactment of this paragraph, permit applications

under subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi) of this

paragraph for vehicles registered in this state may be honored by the

commissioner of transportation or other appropriate authority. The

commissioner of transportation and other appropriate authorities may

confer and develop a system through rules and regulations to assure

compliance herewith.

(g) A sani-van vehicle, as defined in section one hundred forty-one-a

of this chapter for which a permit has been issued pursuant to this

subdivision is authorized to operate or move on all public highways or

bridges within this state in accordance with any weight limitations

specified in such permit.

(h) In any action brought for damage or destruction of any highway or

bridge including an action pursuant to section three hundred twenty of

the highway law, there shall be a presumption that the operation of a

vehicle or combination of vehicles in excess of the maximum weight

limits established by this section or, in a city not wholly included

within one county, in excess of the maximum weight limits prescribed by

the rules and regulations of the city department of transportation of

such city, is the proximate cause of such damage or destruction to the

highway bridge or appurtenant structure, whether or not a permit to

exceed such weight limits was issued by the appropriate authority.

(i) All moneys collected by the commissioner of transportation

pursuant to this subdivision shall be deposited by the comptroller into

the special obligation reserve and payment account of the dedicated

highway and bridge trust fund established pursuant to section

eighty-nine-b of the state finance law.

(j) The commissioner of transportation is authorized to conduct

hearings with regard to the issuance or revocation of any permit issued

by the commissioner of transportation pursuant to this section and

relating to the violation of any condition applicable to such permit as

provided in subdivision three of section one hundred forty-five of the

transportation law. If a permit issued by the department of

transportation is seized and the holder of the permit makes a written

request to the department of transportation for a hearing, the

commissioner of transportation shall schedule a hearing within twenty

days of the receipt of such request.

(k) Any permit issued pursuant to this section that is seized shall be

forwarded to the issuing authority as soon as practicable.

15-a. In furtherance of the authority to issue permits pursuant to

subdivision fifteen of this section, the department of transportation

and the New York state thruway authority are authorized to enter into a

cooperative agreement relative to permits to operate or move vehicles or

combinations of vehicles the weights or the dimensions of which exceed

the limitations otherwise provided for in this section along the thruway

system and state highway system, routes 5 and 49 between the relocated

thruway interchanges, including the Edic road interchange, and River

road in the vicinity of Edic road in the vicinity of the city of Utica.

Permits issued hereunder may be of a joint or reciprocal type for

operations or movements on such highway systems and shall not be limited

to loads proposed as one piece or item or otherwise cannot be separated

into units of less weight.

16. The provisions of this section relating to the maximum dimension

and weight limitations of vehicles shall not be applicable to any

vehicle or combination of vehicles proceeding to or from the New York

state thruway while being operated at the following locations, provided,

however, that the maximum dimensions and weight limitations of such a

vehicle or combination of vehicles are in compliance with those

applicable to the New York state thruway;

(a) Within a radius of fifteen hundred feet of any New York state

thruway toll booth at Fultonville, New York;

(b) Within a radius of two thousand feet of any exit or entrance

designated B-3 to the New York state thruway, Berkshire section, at New

York state route twenty-two;

(c) Over a route extending north and south on New York state route 332

between New York state thruway exit no. 44 and its intersection with

Collett road, and east and west on Collett road between said

intersection and no. 6070 Collett road, a distance of approximately .8

miles.

(d) Within a radius of 1.2 miles from New York state thruway toll

booth no. 56 on access road to be built between such toll booth no. 56

and the present eastern terminus of route 179 at South Park avenue, over

route 179 and old Mile Strip road to the truck terminal entrance on old

Mile Strip road at a point approximately two thousand four hundred

thirty feet southeast of the intersection of old Mile Strip road and

Route 5 as measured along old Mile Strip road, or across Lake Avenue at

the northern end of the truck terminal;

(e) Within a distance of 1.5 miles measured along that portion of the

River Road, New York state touring route 266, also known as state

highway 129, lying generally northerly of the South Grand Island

Bridges, such distance to be measured from the point where the

southernmost access road to New York state thruway station no. 17

intersects with said River Road;

(f) Within a distance of two miles measured along New York state route

400, such distance to be measured from the point where said route 400

intersects with the New York state thruway, and .5 miles measured along

New York state route 277, such distance to be measured in a northerly

direction from the point where New York state route 277 intersects with

New York state route 400;

(g) Within a distance of .8 miles measured along Walden Avenue in the

Town of Cheektowaga, such distance to be measured in a westerly

direction from the point where said Walden Avenue intersects with the

New York state thruway, .5 miles measured along said Walden Avenue, such

distance to be measured in an easterly direction from the point where

said Walden Avenue intersects with the New York state thruway, 1,640

feet measured along a roadway purchased by the Town of Cheektowaga from

Sorrento Cheese, Inc., such distance to be measured in a southerly

direction from the point where said roadway intersects with Walden

Avenue, and .9 miles measured along New York state route 240, such

distance to be measured in a southerly direction from the point where

New York state route 240 intersects with said Walden Avenue;

(h) Within a distance of .1 miles measured along Sheridan Drive, New

York state route 324, such distance to be measured in an easterly

direction from the point where said Sheridan Drive intersects with New

York state thruway interchange N-15, and .4 miles measured along Kenmore

Avenue, such distance to be measured in a southerly direction from the

point where Sheridan Drive intersects with said Kenmore Avenue;

(i) Within a distance of .8 miles measured along Dingens street in the

city of Buffalo such distance to be measured in a westerly direction

from the Ogden street exit of the Niagara section of the New York state

thruway;

(j) Within a distance of .25 miles along South street in the city of

Buffalo between Hamburg street and Louisiana street;

(k) Within a distance of .7 miles measured along Louisiana street in

the city of Buffalo such distance to be measured in a southerly

direction from the Louisiana street entrance of the Niagara section of

the New York state thruway; and

(l) Within a distance of 1700 feet measured along that portion of the

River Road, New York state touring route 266, also known as state

highway 129, lying generally southerly of the South Grand Island

Bridges, such distance to be measured from the point where the southern

most access road to New York state thruway station no. 17 intersects

with said River Road; and

(m) Within a distance of 0.6 miles extending north along New York

state route 233 from a point where such route 233 intersects with the

exit or entrance designated number thirty-two of the New York state

thruway at Westmoreland in Oneida county.

(n) Within a route from the thruway toll booth at the New York state

thruway exit 21-B and along the access road to route 9-W, and thence

1500 feet along route 9-W to be measured in a northerly direction from

the point where such thruway access road intersects route 9-W.

(o) (i) Within a distance of 0.8 miles from exit B-1 of the New York

state thruway Berkshire Spur, such distance to be measured in a

northerly direction from the point where state route 9 intersects the

southern most access ramp leading to the New York state thruway.

(ii) Within a distance of 1.6 miles from the exit B-1 of the New York

state thruway Berkshire Spur, with such distance being measured in a

northerly direction from the point where state route 9 intersects the

southern most access ramp leading to the New York state thruway, upon a

determination by the commissioner of transportation that the vehicle or

combination of vehicles could operate safely upon such route and that no

applicable federal law, regulation or other requirement prohibits the

operation of such vehicle or combination of vehicles on such route.

(p) Within a distance of .45 miles measured along James E. Casey Drive

in the city of Buffalo such distance to be measured in a northerly

direction from Dingens street.

(q) Within approximately one mile of the thruway toll booth at the New

York state thruway exit 23 in a northerly direction along interstate

route 787 to the first "Port of Albany" exit, and right on Church street

south approximately one-half mile to the south end of the Mobil terminal

facility and return from Church street entering interstate route 787 in

a southerly direction to interchange 23 of the New York state thruway.

(r) On any route designated by the commissioner of transportation

within a radius of six thousand six hundred feet of any exit or entrance

designated interchange 26 of the New York state thruway, where the

commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

* (s) Over a route extending east and west across New York state route

414 from the New York state thruway exit 41 to the terminus of the exit

41 on and off ramps for a distance of approximately 100 feet across

route 414 and within approximately .1 miles of the on and off ramp of

exit 41 of the New York state thruway. Nothing contained in this

provision shall be construed to permit these vehicles or combination of

vehicles to turn on to route 414 or to travel along route 414.

* NB There are 2 (s)'s

* (s) Within a distance of three hundred twenty-five feet, measured

along Stew Leonard drive in the city of Yonkers, such distance to be

measured in a west-east direction from the point where Stew Leonard

drive intersects with the southbound off-ramp and the northbound on-ramp

of interchange 6A of the New York state thruway.

* NB There are 2 (s)'s

(t) Over a route extending south on New York state route 332 between

New York state thruway exit number 44 and its intersection with Gateway

drive and west on Gateway Drive to its intersection with Plastermill

Road and east on Plastermill Road to its intersection with Loomis Road

and east on Loomis road between said intersection and no. 5923 Loomis

road, a distance of approximately 1.6 miles, and west on Loomis road

between 5923 Loomis road and its intersection with New York state route

332 and thence north on New York state route 332 to New York state

thruway exit number 44, a distance of approximately 1.1 miles, where the

commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

(u) Over a route extending north and on New York state route 77

between New York state thruway exit number 48-a and the overpass of the

New York state thruway, and south on New York state route 77, a distance

of approximately .5 miles, where the commissioner of transportation

determines that the vehicle or combination of vehicles could operate

safely along the designated route and that no applicable federal law,

regulation or other requirement prohibits the operation of such vehicle

or combination of vehicles on such route.

(v) Within a distance of approximately one mile from the New York

state thruway interchange 24 traveling along interstate route 90 to

interchange 2 Washington avenue, and to Washington avenue traveling

westbound to Fuller road in a northerly direction to interstate route 90

traveling to interchange 24 of the New York state thruway, where the

commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

(w) Within a distance of approximately 1.9 miles from the New York

state thruway interchange 25A, traveling in a westbound direction along

interstate route 88 to exit 25 to state route 7, and to a left on Becker

road traveling in a southbound direction on Becker road for

approximately .2 miles to the New York state thruway interchange 25A

tandem lot access road, or to the intersection of Becker road and state

route 7, and traveling in an eastbound direction for approximately 1.4

miles on state route 7 to the intersection of state route 7 and

Dunnsville road and then traveling in a southbound direction on

Dunnsville road for approximately .3 miles where the commissioner of

transportation determines that the vehicle or combination of vehicles

could operate safely along the designated route and that no applicable

federal law, regulation or other requirement prohibits the operation of

such vehicle or combination of vehicles on such route.

(x) Within a distance of approximately 2.2 miles from the New York

state thruway interchange 34A traveling in a southbound direction along

interstate route 481 to interstate 481 exit 5E Kirkville road east along

state route 53 Kirkville road in an eastbound direction to interstate

route 481 traveling northbound to exit 6 to interchange 34A of the New

York state thruway, where the commissioner of transportation determines

that the vehicle or combination of vehicles could operate safely along

the designated route and that no applicable federal law, regulation or

other requirement prohibits the operation of such vehicle or combination

of vehicles on such route.

(y) Within a distance of approximately .8 miles from the New York

state thruway interchange 35, traveling approximately 200 feet around

Carrier circle to traveling northbound on Thompson road for

approximately 1000 feet, or traveling southbound on Thompson road

approximately 100 feet, to traveling westbound on Tarbell road for

approximately .5 miles to reenter at the Dewitt service area of the New

York state thruway where the commissioner of transportation determines

that the vehicle or combination of vehicles could operate safely along

the designated route and that no applicable federal law, regulation or

other requirement prohibits the operation of such vehicle or combination

of vehicles on such route.

(z) Within a distance of approximately one mile from the New York

state thruway interchange 36 traveling in a southbound direction on

interstate 81 to interstate 81 exit 25 7th North street, and traveling

eastbound on 7th North street to interstate 81 traveling in a northbound

direction to interchange 36 of the New York state thruway, where the

commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

(aa) Within a distance of approximately .6 miles from the New York

state thruway interchange 39 traveling eastbound on interstate 690 to

interstate 690 exit 2 Jones road in a northbound direction to state

route 690 north to interchange 39 of the New York state thruway, where

the commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

(bb) Within a distance of approximately .5 miles from the New York

state thruway interchange 45, traveling on interstate 490 to interstate

490 exit 29, in a southwesterly direction along New York state route 96

to the point where New York state route 96 intersects with the entrance

ramp to the New York state thruway interchange 45, and for approximately

..2 miles along this entrance ramp to the New York state thruway

interchange 45, where the commissioner of transportation determines that

the vehicle or combination of vehicles could operate safely along the

designated route and that no applicable federal law, regulation or other

requirement prohibits the operation of such vehicle or combination of

vehicles on such route.

(cc) Within a distance of approximately .6 miles from the New York

state thruway interchange 46, traveling in a northeasterly direction on

the ramp from the New York state thruway interchange 46 to interstate

390 north exit to New York state route 253, Lehigh Station road, for a

distance of approximately .5 miles along the ramp from interstate 390

north exit to New York state route 253, Lehigh Station road, for a

distance of approximately .6 miles in a westerly direction along New

York state route 253, Lehigh Station road, to the intersection of New

York state route 253 with New York state route 15, then for a distance

of approximately .6 miles in a southerly direction along New York state

route 15, to the New York state thruway interchange 46 maintenance

facility entrance, where the commissioner of transportation determines

that the vehicle or combination of vehicles could operate safely along

the designated route and that no applicable federal law, regulation or

other requirement prohibits the operation of such vehicle or combination

of vehicles on such route.

(dd) Within a distance of approximately .3 miles from the New York

state thruway interchange 47, traveling on interstate 490 to interstate

490 exit 1, to a distance of approximately .2 miles along the ramp from

interstate 490 exit 1, for a distance of approximately .4 miles in a

southwesterly direction to the entrance ramp of the New York state

thruway interchange 47, where the commissioner of transportation

determines that the vehicle or combination of vehicles could operate

safely along the designated route and that no applicable federal law,

regulation or other requirement prohibits the operation of such vehicle

or combination of vehicles on such route.

(ee) Within a distance of approximately .6 miles from the New York

state thruway interchange 19, traveling in a westbound direction along

route 28 to route 209, and traveling in a southbound direction on route

209 for approximately .1 miles to route 28, and traveling in an

eastbound direction on route 28 for approximately .8 miles to the New

York state thruway interchange 19 where the commissioner of

transportation determines that the vehicle or combination of vehicles

could operate safely along the designated route and that no applicable

federal law, regulation or other requirement prohibits the operation of

such vehicle or combination of vehicles on such route.

(ff) Within a distance of approximately .5 miles from the New York

state thruway interchange 31, traveling onto the ramp to Genesee street

south for approximately 2800 feet to Genesee street north for

approximately 275 feet to interchange 31 of the New York state thruway

where the commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

(gg) Within a distance of approximately .2 miles from the New York

state thruway interchange 33 traveling westbound on state route 365 for

approximately 900 feet to interchange 33 of the New York state thruway

where the commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

(hh) Within a distance of approximately .15 miles from the New York

state thruway interchange 42 traveling on state route 14 for

approximately 750 feet for travel to and from the thruway tandem lot and

interchange 42 where the commissioner of transportation determines that

the vehicle or combination of vehicles could operate safely along the

designated route and that no applicable federal law, regulation or other

requirement prohibits the operation of such vehicle or combination of

vehicles on such route.

(ii) Within a distance of approximately .1 miles from the New York

state interchange 43 traveling on state route 21 for approximately 600

feet for travel to and from the thruway tandem lot and interchange 43

where the commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated route

and that no applicable federal law, regulation or other requirement

prohibits the operation of such vehicle or combination of vehicles on

such route.

17-a. Except over any highway which is a part of a state interstate

route:

(i) The following weight limits shall apply to any state or

municipally owned single vehicle, equipped with pneumatic tires, engaged

in snow and ice control operations on public highways, including the

stockpiling of materials and abrasives therefor, with a plow, leveling

wing, or material hopper installed:

(a) The total weight on any one wheel, shall not be more than sixteen

thousand pounds.

(b) The total weight on a single axle, shall not be more than

thirty-two thousand pounds.

(c) The total weight on two consecutive axles, when such axles are

spaced less than ten feet from center to center, shall not be more than

forty-two thousand pounds.

(d) The total weight on all axles of a two axle vehicle shall not be

more than fifty-two thousand pounds; the total weight on all axles of a

three axle vehicle shall not be more than sixty-two thousand pounds.

(ii) The overall width of any state or municipally owned single

vehicle, equipped with pneumatic tires, engaged in snow and ice control

operations on public highways, shall not be more than twenty-five feet.

(iii) The following weight limits shall apply to any state or

municipally owned single vehicle, equipped with pneumatic tires,

designed or fitted for snow and ice control operations, while engaged in

other public works operations on public highways:

(a) The total weight on any one wheel, shall not be more than sixteen

thousand pounds.

(b) The total weight on a single axle, shall not be more than

thirty-two thousand pounds.

(c) The total weight on two consecutive axles, when such axles are

spaced less than ten feet from center to center, shall not be more than

thirty-eight thousand pounds.

(d) The total weight on all axles of a two axle vehicle shall not be

more than fifty-two thousand pounds; the total weight on all axles of a

three axle vehicle shall not be more than fifty-eight thousand pounds.

17-b. Except over any highway which is a part of a state interstate

route, the following weight limits shall apply to any fire vehicle

equipped with pneumatic tires.

(a) The total weight on any one wheel shall not be more than sixteen

thousand pounds.

(b) The total weight on a single axle shall not be more than

thirty-two thousand pounds.

(c) The total weight on two consecutive axles, when such axles are

spaced less than ten feet from center to center, shall not be more than

forty-two thousand pounds.

(d) The total weight on all axles of a two axle vehicle shall not be

more than fifty-two thousand pounds.

18. Except as provided in subdivisions eighteen-a or nineteen of this

section, the violation of the provisions of this section including a

violation related to the operation, within a city not wholly included

within one county, of a vehicle which exceeds the limitations provided

for in the rules and regulations of the city department of

transportation of such city, shall be punishable by a fine of not less

than two hundred nor more than five hundred dollars, or by imprisonment

for not more than thirty days, or by both such fine and imprisonment,

for the first offense; by a fine of not less than five hundred nor more

than one thousand dollars, or by imprisonment for not more than sixty

days, or by both such fine and imprisonment, for the second or

subsequent offense; provided that a sentence or execution thereof for

any violation under this subdivision may not be suspended. For any

violation of the provisions of this section, including a violation

related to the operation, within a city not wholly included within one

county, of a vehicle which exceeds the limitations provided for in the

rules and regulations of the city department of transportation of such

city, the registration of the vehicle may be suspended for a period not

to exceed one year whether at the time of the violation the vehicle was

in charge of the owner or his agent. The provisions of section five

hundred ten of this chapter shall apply to such suspension except as

otherwise provided herein.

18-a. A violation of the provisions of subdivisions two or fourteen of

this section, where the violation relates to the height of the vehicle,

including a violation related to the operation, within a city not wholly

included within one county, of a vehicle which exceeds the limitations

provided for in the rules and regulations of the city department of

transportation of such city, shall be punishable by a fine of not more

than one thousand dollars, or by imprisonment for not more than thirty

days, or by both such fine and imprisonment, for the first offense; by a

fine of not more than two thousand dollars, or by imprisonment for not

more than sixty days, or by both such fine and imprisonment, for the

second or subsequent offense; provided that a sentence or execution

thereof for any violation under this subdivision may not be suspended.

For any violation of the provisions of subdivisions two or fourteen of

this section where the violation relates to the height of the vehicle,

including a violation related to the operation, within a city not wholly

included within one county, of a vehicle which exceeds the limitations

provided for in the rules and regulations of the city department of

transportation of such city, the registration of the vehicle may be

suspended for a period not to exceed one year whether at the time of the

violation the vehicle was in charge of the owner or his agent. The

provisions of section five hundred ten of this chapter shall apply to

such suspension except as otherwise provided herein.

19. (a) A violation of the provisions of subdivision eight, nine, or

ten of this section by any vehicle or combination of vehicles whose

weight exceeds the weight limitations as set forth in this section, or a

violation of such rules and regulations, by any vehicle or combination

of vehicles whose weight exceeds the weight limitations as set forth in

this section or such rules and regulations, or a violation of the weight

limitations specified by permit issued pursuant to subdivision fifteen

of this section shall be punishable by fines levied on the registered

owner of the vehicle or vehicles, whether at the time of the violation

the vehicle was in the charge of the registered owner or the owner's

agent or lessee in accordance with the following schedule:

Percent of excess weight Amount of fine

(percentage) (dollars)

greater than less than or equal to

0 2.0 150

2.0 4.0 300

4.0 6.0 450

6.0 7.0 525

7.0 8.0 600

8.0 10.0 750

10.0 12.0 950

12.0 14.0 1,150

14.0 16.0 1,350

16.0 18.0 1,550

18.0 20.0 1,750

20.0 22.0 1,950

22.0 24.0 2,150

24.0 26.0 2,350

26.0 28.0 2,550

28.0 30.0 2,750

30.0 32.0 2,950

32.0 34.0 3,150

34.0 36.0 3,350

36.0 38.0 3,550

38.0 40.0 3,750

40.0 3,750

or greater plus $125 for

each percent

over 40 percent

(NOTE: Where the total weight, axle weight or axle grouping weight is

greater than seven percent including any applicable enforcement scale

tolerance in excess of the limits specified by a permit in areas outside

a city not wholly contained in one county, the permit shall be deemed

voided and then the amount of fine shall be determined in accordance

with the maximum weight which would have been in effect for the

operation of such vehicle if the permit to exceed such maximum weight

had not been issued.

(b) For violations to which the penalties set forth in paragraph (a)

of this subdivision apply, in connection with the weighing of a vehicle

or combination of vehicles, if it is found that there is a violation of

subdivision ten of this section and also of subdivision eight or nine of

this section, or both subdivisions eight and nine of this section, there

shall be a single fine imposed and the maximum amount of such fine shall

not exceed the highest fine that could be imposed under this

subdivision.

(c) Notwithstanding paragraphs (a) and (b) of this subdivision, a

violation of the provisions of subdivision ten of this section in a city

not wholly included within one county or of the provisions of the rules

or regulations of the city department of transportation setting forth

the maximum allowable gross weight for the operation of a vehicle in

such city without a permit for such vehicle, by any vehicle or

combination of vehicles whose weight exceeds the weight limitations as

set forth in this section, or such rules and regulations, or the weight

limitations specified by permit issued pursuant to subdivision fifteen

of this section (excluding enforcement scale tolerance not to exceed

five percent) shall be punishable by fines levied on the registered

owner of the vehicle or vehicles, whether at the time of the violation

the vehicle was in the charge of the registered owner or his agent or

lessee in accordance with the following schedule:

EXCESS TOTAL WEIGHT

(pounds) Amount of Fine

GREATER THAN LESS THAN OR EQUAL TO (DOLLARS)

0 2,000 50

2,000 3,000 75

3,000 4,000 100

4,000 5,000 200

5,000 6,000 300

6,000 7,000 400

7,000 8,000 500

8,000 9,000 600

9,000 10,000 700

10,000 15,000 1,200

15,000 20,000 1,700

20,000 25,000 2,200

25,000 30,000 2,700

30,000 35,000 3,200

35,000 40,000 3,700

40,000 45,000 4,200

45,000 50,000 or greater 4,700

(NOTE: Where the excess total weight is greater than the limits

specified by a permit, the permit shall be deemed voided and then the

amount of fine shall be determined in accordance with the maximum weight

which would have been in effect for the operation of such vehicle if the

permit to exceed such maximum weight had not been issued.)

(d) Notwithstanding paragraphs (a) and (b) of this subdivision, a

violation of the provisions of subdivisions eight and nine of this

section in a city not wholly included within one county or of the

provisions of the rules or regulations of the city department of

transportation setting forth the maximum allowable axle or tandem axle

weight for the operation of a vehicle in such city without a permit for

such vehicle, by any vehicle or combination of vehicles whose weight

exceeds the weight limitations as set forth in this section, or such

rules or regulations, or the weight limitations specified by permit

issued pursuant to subdivision fifteen of this section shall be

punishable by fines levied on the registered owner of the vehicle or

vehicles, whether at the time of the violation the vehicle was in the

charge of the registered owner, or his agent, or lessee, in accordance

with the following schedule:

Percentage of excess weight

(PERCENTAGE) AMOUNT OF FINE

GREATER THAN LESS THAN OR EQUAL TO (DOLLARS)

0 5.0 100

5.0 10.0 200

10.0 15.0 350

15.0 20.0 600

20.0 25.0 1000

25.0 30.0 1600

30.0 35.0 2450

35.0 40.0 3600

40.0 45.0 5100

45.0 7000

(NOTE: Where the excess axle or axles weight is greater than the limits

specified by a permit, the permit shall be deemed voided and then the

amount of fine shall be determined in accordance with the maximum weight

which would have been in effect for the operation of such vehicle if the

permit to exceed such maximum weight had not been issued.)

(e) In addition to the fines imposed by paragraphs (a), (c) and (d) of

this subdivision, the registration of the vehicle may be suspended for a

period not to exceed one year, whether at the time of the violation of

this section the vehicle was in charge of the owner or the owner's

agent, or lessee. The provisions of section five hundred ten of this

chapter shall apply to such suspension, except as otherwise provided

herein.

(f) If the vehicle is the subject of a permit issued pursuant to

paragraph (f) of subdivision fifteen of this section and if the

registered owner of a vehicle fails to appear on the return date or

subsequent adjourned date of a summons, appearance ticket or notice of

violation issued pursuant to this subdivision or fails to pay a fine

imposed pursuant to this subdivision, the registration of the vehicle or

the privilege of operating the vehicle in this state shall be suspended

for a period not to exceed one year. The suspension shall remain in

effect until the registered owner's appearance or payment of the fine.

The commissioner or the commissioner's agent may deny a registration

application of any other person for the same vehicle where the

commissioner has reasonable grounds to believe that such registration

will have the effect of defeating the purpose of this paragraph.

20. Notwithstanding the provisions of sections three hundred

eighty-five, sixteen hundred thirty, sixteen hundred thirty-one, sixteen

hundred forty, sixteen hundred forty-two, sixteen hundred fifty and

sixteen hundred sixty of this chapter, nor of any other law, statute,

ordinance, rule or regulation, the state, a city, county, town, village,

public authority, including the port of New York and New Jersey

authority, or commission, or any department, agency, subdivision or

other entity thereof, shall not enact nor enforce any law, statute,

ordinance, rule or regulation with respect to vehicle dimensions or

weights which shall violate any of the provisions of the federal surface

transportation assistance act of nineteen hundred eighty-two. Any such

law, statute, ordinance, rule or regulation which results in a

notification of an imminent loss or withholding of federal highway aid

to the state shall to the degree inconsistent hereafter be deemed null

and void and shall not be enforced.

20-a. If a vehicle or combination of vehicles is operated in violation

of this section, an appearance ticket or summons may be issued to the

registrant of the vehicle, or if a combination of vehicles, to the

registrant of the hauling vehicle rather than the operator. In the event

the vehicle is operated by a person other than the registrant, any

appearance ticket or summons issued to the registrant shall be served

upon the operator, who shall be deemed the agent of the registrant for

the purpose of receiving such appearance ticket or summons. Such

operator-agent shall transmit such ticket or summons to the registrant

of the vehicle or the hauling vehicle. If the registrant does not appear

on the return date, a notice establishing a new return date and either

containing all pertinent information relating to the charge which is

contained on the summons or appearance ticket or accompanied by a copy

of the information or complaint shall also be mailed by certified or

registered mail by or on behalf of the court or administrative tribunal

before whom the appearance ticket or summons is returnable to the

registrant at the address given on the registration certificate for the

vehicle, or if no registration certificate is produced at the time the

appearance ticket or summons is issued, to the address of the registrant

on file with the department or given to the person issuing the

appearance ticket or summons. Whenever proceedings in a court or

administrative tribunal of this state result in a conviction for a

violation of this section, and the court or administrative tribunal has

made the mailing specified herein, the court or administrative tribunal

shall levy a mandatory surcharge, in addition to any sentence or other

surcharge required or permitted by law, in the amount of thirty dollars.

This mandatory surcharge shall be paid to the clerk of the court or

administrative tribunal that rendered the conviction. Within the first

ten days of the month following collection of the mandatory surcharge by

a town or village court, the court shall pay such money to the state

comptroller who shall, pursuant to subdivision two of section

ninety-nine-a of the state finance law, credit such money to the account

of the town or village which sent the mandatory surcharge. If such

collecting authority is any other court of the unified system or

administrative tribunal it shall, within such period, pay such money to

the state comptroller who shall deposit such money into the state

treasury. The provisions of this subdivision shall not apply to

owner-operators of any motor vehicle or to any motor vehicle or trailer

which is registered in the name of a person whose principal business is

the lease or rental of motor vehicles or trailers unless the motor

vehicle or trailer is being operated by an employee of the registrant or

for a community of interest other than the lease or rental agreement

between the parties to the lease or rental agreement.

21. The court may impose any sentence authorized by this chapter

provided, however, any such sentence must include a fine as provided in

this section.

22. In any case wherein the charge laid before the court alleges a

violation of this section, any plea of guilty thereafter entered in

satisfaction of such charge must include at least a plea of guilty to a

violation of one of the subdivisions of this section. No other

disposition by plea of guilty to any other charge in satisfaction of

such charge shall be authorized. Provided, however, if the district

attorney upon reviewing the available evidence determines that the

charge of a violation of this section is not warranted, or suspension of

registration is not, under the circumstances, appropriate he may

consent, and the court may allow, a disposition by plea of guilty to

that or another charge in satisfaction of such charge and, may waive

suspension of registration as required by this section, provided,

however, the court must impose at least the minimum fine as authorized

in this section for the offense of conviction.

23. Except on highways designated as part of the interstate system,

the provisions of subdivisions six, seven, eight, nine, ten, eleven and

twelve of this section shall not apply to any fire vehicle, as such term

is defined in section one hundred fifteen-a of this chapter.

24. The provisions of subdivisions six, seven, eight, nine, ten,

eleven and twelve of this section shall not apply to any tow truck that

is transporting a disabled vehicle from the place where such vehicle

became disabled to the nearest appropriate repair facility and has a

gross vehicle weight that is equal to or exceeds the gross vehicle

weight of the disabled vehicle being transported.