N.Y. VAT Law § 385 — New York Code / Act VAT / Title 3 / Article 10 / Section 385
Dimensions and weights of vehicles
Status: in_force

§ 385. Dimensions and weights of vehicles. No person shall operate or\nmove, or cause or knowingly permit to be operated or moved on any\nhighway or bridge thereon, in any county not wholly included within a\ncity, any vehicle or combination of vehicles of a size or weight\nexceeding the limitations provided for in this section. Except as\notherwise specifically provided in subdivision fifteen of this section,\nno person shall operate or move, or cause or knowingly permit to be\noperated or moved on any highway or bridge thereon, in any city not\nwholly included within one county, any vehicle or combination of\nvehicles of a size or weight exceeding the limitations provided for in\nthe rules and regulations of the city department of transportation of\nsuch city adopted pursuant to section sixteen hundred forty-two of this\nchapter.\n  1. (a) (i) The width of a vehicle, inclusive of load, shall be not\nmore than ninety-six inches plus safety devices, except that the maximum\nwidth of a vehicle, inclusive of load, shall be one hundred two inches,\nplus safety devices, on any qualifying or access highway. Except in a\ncity not wholly included within one county, the maximum width of a\nvehicle, inclusive of load shall not be more than one hundred two inches\nplus safety devices on any other highway with traffic lanes designed to\nbe a width of ten feet or more.\n  (ii) If the legislative body of a county not wholly contained within a\ncity determines that any specific segment of the state highway system is\nnot capable of safely accommodating motor vehicles with a width of one\nhundred two inches, plus safety devices, such body may notify the\ncommissioner of transportation of such determination and request that\nthe commissioner designate such segment as one where the width of motor\nvehicles may not exceed ninety-six inches, plus safety devices.\n  Before making such notification, such county legislative body shall\nconsult with units of local government within the county in which the\nspecific segment of such system is located, as well as the county\nlegislative body of any county adjacent to the requesting county that\nmight be directly affected by such exemption. As part of such\nconsultations, consideration shall be given to any potential alternative\nroute that:\n  (A) can safely accommodate motor vehicles having the widths set forth\nin this paragraph; and\n  (B) serves the area in which such segment is located.\n  The county legislative body shall transmit with such notification\nspecific evidence of safety problems that supports such determination\nand the results of consultations regarding any alternative route.\n  If the commissioner of transportation determines, upon request by a\ncounty legislative body or on the commissioner's own initiative, that\nany segment of the state highway system is not capable of safely\naccommodating motor vehicles having the widths set forth in this\nparagraph, the commissioner shall exempt such segment from the\nprovisions of this paragraph.\n  (b) The provisions of paragraph (a) of this subdivision shall not\napply to vehicles and implements or combinations thereof, not over\ntwelve feet in width and used solely for farm purposes, except upon any\nhighway at any time on which operation is prohibited by order of the\ndepartment of transportation.\n  (c) The provisions of paragraph (a) of this subdivision shall not\napply to vehicles and implements or combinations thereof, between twelve\nand up to seventeen feet in width, used solely for farm purposes when\nthe following requirements are met:\n  (i) the vehicle and implement or combination thereof is operated\nduring the period from one-half hour before sunrise to one-half hour\nafter sunset;\n  (ii) red or orange fluorescent flags not smaller than eighteen inches\nsquare, and reflectors are placed on the extreme corners of the load;\n  (iii) two flashing amber lights in compliance with regulations\nprescribed by the commissioner of transportation are attached to the\nrear of the load or, if the vehicle hauling such implement is equipped\nwith hazard lights which are visible from the rear of the load, such\nlights are flashing; and\n  (iv) if the vehicle or load extends beyond the center line of a\nhighway or if the vehicle is being operated during any time when, due to\nrain, sleet, snow, hail, fog, insufficient light, or for any other\nreason, visibility for a distance of one thousand feet ahead is not\nclear, the vehicle is preceded by an escort vehicle which is equipped\nwith a warning sign and flashing lights in compliance with regulations\nprescribed by the commissioner of transportation.\n  (d) The provisions of paragraph (a) of this subdivision shall not\napply to vehicles and implements or combinations thereof, not over\nthirteen feet in width and designed and intended for use solely for farm\npurposes when owned or in the possession of a dealer in farm implements\nand equipment, during the same period and under the same conditions and\nrestrictions as set forth in paragraph (b) of this subdivision; nor\nshall paragraph (a) of this subdivision apply to the transportation of\nsuch vehicles, implements and combinations thereof as a load on another\nvehicle, such vehicle and load not to exceed thirteen feet in width,\nduring the same period and under the same conditions and restrictions as\nset forth in paragraph (b) of this subdivision.\n  (e) The provisions of paragraph (a) of this subdivision shall not\napply to omnibuses or buses used solely for the transportation of\nchildren to and from school, but the width of such omnibuses shall not\nexceed ninety-eight inches.\n  (f) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the maximum width for omnibuses or buses having a carrying\ncapacity of more than seven passengers shall not exceed one hundred two\ninches, provided, however, that when omnibuses or buses are operated\nwholly within a city, such city may, by local law or ordinance but\nsubject to paragraph (h) of this subdivision, limit the width of\nomnibuses or buses to not more than ninety-eight inches.\n  (g) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, racks for carrying hay, straw or unthreshed grain may have\na width of ten feet at the top of the rack. In no case shall the width\nat the base of the rack exceed one hundred two inches, nor shall the\nwidth of a rack exceed one hundred two inches at any portion thereof\nwhile on any qualifying highway.\n  (h) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a house coach used for non-commercial purposes may exceed\nthe maximum width applicable on the highway upon which such house coach\nis traveling if such excess width is wholly attributable to an awning\nand its support hardware that is no less than seven and one-half feet\noff the ground and extends no more than six inches beyond the body of\nthe vehicle on the passenger side and four inches beyond the body of the\nvehicle on the driver's side. A fifth wheel trailer designed to provide\ntemporary living quarters for recreational, camping, or travel use not\nto exceed four hundred square feet in the set-up mode and used for\nnon-commercial purposes may exceed the maximum width applicable on the\nhighway upon which such fifth wheel trailer is traveling if such excess\nwidth is wholly attributable to an awning and its support hardware that\nis no less than seven and one-half feet off the ground and extends no\nmore than six inches beyond the body of the vehicle on the passenger\nside. This provision shall not apply to any city not wholly included\nwithin one county except such house coaches and fifth wheel trailers\nused for non-commercial purposes may be operated on that portion of\ninterstate ninety-five which connects interstate two hundred\neighty-seven with interstate two hundred ninety-five, that portion of\ninterstate two hundred ninety-five which connects interstate ninety-five\nwith interstate four hundred ninety-five and that portion of interstate\nfour hundred ninety-five between interstate ninety-five and the\nNassau-Queens county line.\n  (i) The commissioner of transportation may promulgate such rules and\nregulations as shall be necessary or desirable to effectuate the\nprovisions of this subdivision.\n  2. The height of a vehicle from under side of tire to top of vehicle,\ninclusive of load, shall be not more than thirteen and one-half feet.\nAny damage to highways, bridges or highway structures resulting from the\nuse of a vehicle exceeding thirteen feet in height where such excess\nheight is the proximate cause of the accident shall be compensated for\nby the owner and operator of such vehicle.\n  3. (a) The length of a single vehicle, inclusive of load and bumpers,\nshall be not more than forty feet unless otherwise provided in this\nsubdivision.\n  (b) The length of a semitrailer or trailer shall not exceed\nforty-eight feet provided, however, that the length of any trailer or\nsemitrailer being operated in combination with another trailer or\nsemitrailer shall not exceed twenty-eight and one-half feet. A B-train\nassembly shall be excluded from the measurement of the length of a\nsemitrailer when such semitrailer is in use between the tractor and the\nsecond semitrailer in a tractor-semitrailer-semitrailer combination of\nvehicles.\n  (c) The length of buses having a carrying capacity of more than seven\npassengers shall not exceed forty-five feet, except that the length of\narticulated buses shall not exceed sixty-two feet.  A house coach shall\nnot exceed forty-five feet in length, provided however, that if a house\ncoach exceeds forty feet in length, its wall-to-wall turning diameter\nshall not exceed ninety feet three inches and moreover, such house coach\nshall have permanently affixed to its body on the front passenger side\ndoor jamb, a data-plate on which the house coach manufacturer indicates\nthe vehicle identification number and wall-to-wall turning diameter and\nattests to the fact that the wall-to-wall turning diameter is calculated\nin accordance with the Society of Automotive Engineers J-695 Standard as\nsuch standard existed on June first, two thousand three, regarding\nturning capability. In the event such a house coach exceeds either\ntwenty-six thousand pounds gross vehicle weight rating, is greater than\nforty feet in length or exceeds both, the operator of such house coach\nmust have a driver's license with a personal use vehicle endorsement as\nset forth in subparagraph (vii) of paragraph (b) of subdivision two of\nsection five hundred one of the this chapter. This provision shall not\napply to any city not wholly included within one county except such\nhouse coaches and fifth wheel trailers used for non-commercial purposes\nmay be operated on that portion of interstate ninety-five which connects\ninterstate two hundred eighty-seven with interstate two hundred\nninety-five, that portion of interstate two hundred ninety-five which\nconnects interstate ninety-five with interstate four hundred ninety-five\nand that portion of interstate four hundred ninety-five between\ninterstate ninety-five and the Nassau-Queens county line.\n  (d) The provisions of this subdivision shall not apply to fire\nvehicles.\n  (e) Except in any city not wholly included within one county, any\nsemitrailer with a length in excess of forty-eight feet, but not\nexceeding fifty-three feet, may be operated on any qualifying highway or\nspecifically designated access highway if the distance between the\nkingpin of the semitrailer and the centerline of the rear axle does not\nexceed forty-three feet and if the semitrailer is equipped with a\nrear-end protective device of substantial construction consisting of a\ncontinuous lateral beam extending to within four inches of the lateral\nextremities of the semitrailer and located not more than twenty-two\ninches from the surface as measured with the vehicle empty and on a\nlevel surface. In addition, such vehicles may be operated on that\nportion of interstate ninety-five which connects interstate two hundred\neighty-seven with interstate two hundred ninety-five, that portion of\ninterstate two hundred ninety-five which connects interstate ninety-five\nwith interstate four hundred ninety-five and that portion of interstate\nfour hundred ninety-five between interstate ninety-five and the\nNassau-Queens county line.\n  (f) The length of any center panel of an altered livery shall not\nexceed one hundred inches unless the owner of such vehicle can\ndemonstrate that the livery conforms to all applicable federal and state\nmotor vehicle safety standards at the time of registration in accordance\nwith section four hundred one of this chapter.\n  (g) The length of a specialized material delivery vehicle, inclusive\nof load and bumpers, shall not be more than forty feet provided,\nhowever, that the portion of an attached boom or forklift that extends\nbeyond the rear bumper by not more than five feet shall be excluded from\nthe measurement of the length of a specialized material delivery\nvehicle. For the purposes of this paragraph, "specialized material\ndelivery vehicle" shall mean a single unit truck having an attached boom\nor forklift for the purpose of hoisting, swinging, loading or unloading\nmaterial from such truck. The provisions of this paragraph authorizing\nthe exclusion from the measurement of the length of a specialized\nmaterial delivery vehicle shall not apply unless the operator of such\nvehicle holds a valid commercial driver's license as defined by\nsubdivision one of section five hundred one-a of this chapter.\n  * NB There are 2 par (g)'s\n  * (g) The length of a tow truck or car carrier, inclusive of load and\nbumpers, shall be not more than forty feet, except that a car carrier\nmay have an overhang that extends beyond the rear bumper of such car\ncarrier by not more than three feet and except, further, that a wheel\nlift that is less than fifteen feet in length shall not be included as\npart of the length of a tow truck or car carrier when such wheel lift is\nin use by such tow truck or car carrier to tow another motor vehicle.\n  * NB There are 2 par (g)'s\n  (h) The commissioner of motor vehicles in consultation with the\ncommissioner of transportation may promulgate such rules and regulations\nas shall be necessary or desirable to effectuate the provisions of this\nsubdivision.\n  4. (a) The total length of a combination of vehicles, inclusive of\nload and bumpers, shall not be more than sixty-five feet.\n  (b) The provisions of paragraph (a) of this subdivision shall not\napply to:\n  1. A combination of vehicles being operated on any qualifying highway\nor access highway;\n  2. Vehicles of a corporation which is subject to the jurisdiction of\nthe interstate commerce commission, the public service commission or\nother regulatory body and which are used in the construction,\nreconstruction, repair or maintenance of its property or facilities,\nprovided that any such vehicle complies with the safety requirements of\nthe laws and regulations of the United States and of this state\npertaining to overlength vehicles;\n  3. Vehicles hauling poles, girders, columns, or other similar objects\nof great length provided that any such vehicle complies with the safety\nrequirements of the laws and regulations of the United States and of\nthis state pertaining to such overlength vehicles;\n  4. Fire vehicles;\n  5. A vehicle or combination of vehicles which is disabled and unable\nto proceed under its own power and is being towed for a distance not in\nexcess of ten miles for the purpose of repairs or removal from the\nhighway, except that the distance to the nearest exit of a\ncontrolled-access highway shall not be considered in determining such\nten mile distance;\n  6. Stinger-steered automobile transporters or stinger-steered boat\ntransporters, while operating on qualifying and access highways.\nStinger-steered boat transporters shall not, however, exceed\nseventy-five feet exclusive of an overhang of not more than three feet\non the front and four feet on the rear of the vehicle and\nstinger-steered automobile transporters shall not exceed eighty feet\nexclusive of an overhang of not more than four feet on the front and six\nfeet on the rear of the vehicle; and\n  7. A combination of vehicles operating on any qualifying or access\nhighways consisting of a power unit and two trailers or semitrailers\nwith a total weight that shall not exceed twenty-six thousand pounds\nwhen the overall length is greater than sixty-five feet but shall not\nexceed eighty-two feet in which the trailers or semitrailers carry no\nproperty and constitute inventory property of a manufacturer,\ndistributor, or dealer of such trailers or semitrailers.\n  (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an overhang of not more than three feet on the front and\nfour feet on the rear of an automobile transporter or an overhang of not\nmore than four feet on the front and six feet on the rear of a\nstinger-steered automobile transporter or an overhang of not more than\nthree feet on the front and four feet on the rear of a boat transporter\nor stinger-steered boat transporter shall be permitted.\n  5. In determining the number of wheels and axles on any vehicle or\ncombination of vehicles within the meaning of this section, only two\nwheels shall be counted for each axle, and axles which are less than\nforty-six inches apart, from center to center, shall be counted as one\naxle. However, in the case of multiple tires or multiple wheels, the sum\nof the widths of all the tires on a wheel or combination of wheels shall\nbe taken in determining tire width.\n  6. The weight per inch width of tire on any one wheel of a single\nvehicle or a combination of vehicles equipped with pneumatic tires, when\nloaded, shall be not more than eight hundred pounds.\n  7. The weight on any one wheel of a single vehicle or a combination of\nvehicles, equipped with pneumatic tires, when loaded, shall be not more\nthan eleven thousand two hundred pounds.\n  8. The weight on any one axle of a single vehicle or a combination of\nvehicles, equipped with pneumatic tires, when loaded, shall be not more\nthan twenty-two thousand four hundred pounds.\n  9. The weight on any two consecutive axles of a single vehicle or a\ncombination of vehicles, equipped with pneumatic tires, when loaded, and\nwhen such axles are spaced less than eight feet from center to center,\nshall be not more than thirty-six thousand pounds, except where axles\nare spaced eight feet or greater, but less than ten feet, the weight on\nthose two axles shall not exceed that permitted by paragraph (b) of\nsubdivision ten of this section and, in addition, shall not exceed forty\nthousand pounds. Axles to be counted as provided in subdivision five of\nthis section.\n  10. A single vehicle or a combination of vehicles having three axles\nor more and equipped with pneumatic tires, when loaded, may have a total\nweight on all axles not to exceed thirty-four thousand pounds, plus one\nthousand pounds for each foot and major fraction of a foot of the\ndistance from the center of the foremost axle to the center of the\nrearmost axle. Axles to be counted as provided in subdivision five of\nthis section. In no case, however, shall the total weight exceed eighty\nthousand pounds except for a vehicle if operated by an engine fueled\nprimarily by natural gas which may have a maximum gross weight of up to\neighty-two thousand pounds. For any vehicle or combination of vehicles\nhaving a total gross weight less than seventy-one thousand pounds, the\nhigher of the following shall apply:\n  (a) the total weight on all axles shall not exceed thirty-four\nthousand pounds plus one thousand pounds for each foot and major\nfraction of a foot of the distance from the center of the foremost axle\nto the center of the rearmost axle, or\n  (b) the overall gross weight on a group of two or more consecutive\naxles shall not exceed the weight produced by application of the\nfollowing formula:\n                     W = 500 ((LxN)/(N-1) + (12xN)+36)\nwhere W equals overall gross weight on any group of two or more\nconsecutive axles to the nearest five hundred pounds, L equals distance\nin feet from the center of the foremost axle to the center of the\nrearmost axle of any group of two or more consecutive axles, and N\nequals number of axles in group under consideration, except that two\nconsecutive sets of tandem axles may carry a gross load of thirty-four\nthousand pounds each providing the overall distance between the first\nand last axles of such consecutive sets of tandem axles is thirty-six\nfeet or more.\n  For any vehicle or combination of vehicles having a total gross weight\nof seventy-one thousand pounds or greater, paragraph (b) shall apply to\ndetermine maximum gross weight which is permitted hereunder.\n  10-a. (a) Notwithstanding the provisions of subdivisions seven, eight,\nnine, ten, eleven and twelve of this section, the calculation of weight\npursuant to such subdivisions shall exclude the actual weight, not to\nexceed four hundred pounds, of a fully-functioning idle reduction device\ninstalled on a vehicle or combination of vehicles that are subject to\nsuch subdivisions, provided that the operator of such vehicle: (i)\nmaintains written certification of the actual weight of such device and\nacceptable proof that it is fully functional; and (ii) provides such\ncertification and proof, upon request, to a law enforcement officer or\nany other officer or employee authorized to enforce this section.\nAcceptable proof of the functionality of such device shall consist of\nwritten certification from the manufacturer of such idle reduction\ndevice, physical demonstration, or any other documentation acceptable to\nthe commissioner of transportation as may be set forth in regulations\npromulgated by such commissioner after consultation with the\ncommissioner of environmental conservation.\n  (b) For the purposes of this subdivision, the following terms shall\nhave the following meanings: (i) "auxiliary power unit" shall mean an\nintegrated system that (A) provides heat, air conditioning, engine\nwarming, or electricity to components on a vehicle which is subject to\nthe provisions of this section and (B) is certified under part\neighty-nine of title forty of the code of federal regulations (as may\nfrom time to time be amended) as meeting applicable emission standards;\nand (ii) "idle reduction device" shall mean an auxiliary power unit or\nother technology that is used to reduce long-duration idling (as such\nterm is defined in paragraph seven of subdivision (a) of section 16104\nof the United States code as may from time to time be amended) and\nallows for the main drive engine or auxiliary refrigeration engine to be\nshut down.\n  11. A vehicle or combination of vehicles equipped with any solid\nrubber tires shall not have weights more than eighty per centum of those\npermitted in this section for pneumatic tires. Notwithstanding the\nprovisions of this section, vehicles equipped with solid rubber tires\nand registered in this state prior to January first, nineteen hundred\nthirty-two shall be permitted to operate until January first, nineteen\nhundred thirty-three under tire and axle loadings prescribed by chapter\nfour hundred ninety-eight of the laws of nineteen hundred thirty.\n  12. Motor vehicles or vehicles drawn by motor vehicles when equipped\nwith metal tires shall not have weights more than forty per centum of\nthose permitted in this section for pneumatic tires.\n  13. For the purpose of this section, the width of pneumatic tires\nshall be ascertained by measuring the greatest width of the tire casing\nwhen tire is inflated. The width of solid rubber tires shall be\nascertained by measuring the width of the tire base channel or between\nthe flanges of the metal rim, provided that no vehicle equipped with\nsolid rubber tires shall be operated upon a public highway, which has at\nany point less than one inch of rubber above the top or beyond the\nflange or rim.  The width of metal tires shall be ascertained by\nmeasuring the width of contact of the tire with the road surface.\n  14. No person shall operate or move a vehicle or a combination of\nvehicles over, on or through any bridge or structure on any highway if\nthe weight of such vehicle, or combination of vehicles, and load, is\ngreater than the posted capacity of the structure or exceeds the height\nof the posted clearance as shown by an official sign.\n  15. Except where inconsistent with federal law, rules and regulations:\n(a) The commissioner of transportation is hereby authorized to continue\nto grant permits, and to charge fees therefor, for the operation or\nmovement of a vehicle or combination of vehicles having weights or\ndimensions which exceed the limitations provided for in this section\nupon any highway under his or her jurisdiction except that such permit\nshall not be valid for the operation or movement of such vehicles on any\nstate or other highway within any city not wholly included within one\ncounty. Such permits shall be issued in accordance with the terms and\nconditions contained in rules and regulations governing special hauling\npermits which have been or shall be promulgated by the commissioner of\ntransportation and which may include, but not be limited to, a\nrequirement that a vehicle or combination of vehicles being issued a\npermit shall be accompanied by one or more escort vehicles which is\nbeing operated by an individual having a valid escort certificate issued\nby the commissioner. The commissioner of transportation is authorized to\npromulgate rules and regulations governing the operation, use and\nequipment of escort vehicles and the duties and responsibilities of the\noperator of an escort vehicle. Any finding by the commissioner of\ntransportation that an individual has violated such rules and\nregulations shall be grounds for the cancellation of an individual's\nescort certificate and a penalty not to exceed five hundred dollars per\noccurrence for the first violation and not to exceed one thousand\ndollars per occurrence for each subsequent violation. Prior to issuing\nsuch a finding, the commissioner of transportation shall afford an\nindividual the right to a hearing pursuant to section one hundred\nforty-five of the transportation law. Such rules and regulations shall\ntake into consideration, but shall not be limited to, the safety of the\ntraveling public and the protection of the highways and the environment.\nSuch rules and regulations shall also contain a schedule of fees to be\ncharged for the issuance of such permits which fees shall cover, but\nshall not be limited to, the costs to the department of transportation\nfor the administration of the permit program, and shall permit the\ncommissioner of transportation to levy a surcharge of up to twenty\ndollars for the issuance and distribution of special hauling permits at\nregional offices of the department of transportation. The annual vehicle\nfee for a permit issued pursuant to subparagraphs (i), (ii), (ii-a) and\n(iii) of paragraph (f) of this subdivision shall be three hundred sixty\ndollars for vehicles with less than five axles, seven hundred fifty\ndollars for vehicles with five or six axles and nine hundred dollars for\nvehicles with seven or more axles. The annual vehicle fee for a permit\nissued pursuant to subparagraphs (iv), (v), and (vi) of paragraph (f) of\nthis subdivision shall be four hundred eighty dollars for vehicles with\nless than five axles and one thousand dollars for vehicles with five or\nmore axles. Additionally, the commissioner shall establish a fee\nschedule for the permitting of extra non-power combination units that\nmay not exceed twenty-five dollars per vehicle and may offer discounts\nfor multi-trailer registrations. Such fees shall not be charged to\nmunicipalities in this state. A permit issued by the commissioner to a\nmunicipality pursuant to this subdivision, that would otherwise be\nannual, shall not expire until such municipality removes such permitted\nvehicle from operation; provided, however, that any amendment to such\npermit shall remain subject to the commissioner's approval and nothing\ncontained in this paragraph shall be deemed to alter the authority of\nthe commissioner to revoke any such permit as authorized by this\nchapter. If the permit has routing requirements, such rules and\nregulations shall provide that if the routing anticipates the use of\nhighways not under the jurisdiction of the commissioner of\ntransportation, then he or she shall immediately notify the municipality\nor municipalities, having jurisdiction over such highway that an\napplication for a permit has been received and request comment thereon.\nSaid municipality or municipalities shall not have less than fifteen\ndays to comment. Such rules and regulations shall also contain any other\nrequirements deemed necessary by the commissioner of transportation.\n  (b) Upon application in writing and good cause being shown, the\ndepartment of transportation may issue a permit pursuant to this\nsubdivision to operate or move a vehicle or a combination of vehicles,\nthe weights or the dimensions of which exceed the limitations provided\nfor in this section upon any highway under its jurisdiction except that\nsuch permit shall not be valid for the operation or movement of such\nvehicles on any state or other highway within any city not wholly\nincluded within one county. For any other public highway in any county\nnot wholly included within a city which is not on the state system of\nhighways the authority having jurisdiction over same may issue a similar\npermit, provided that the fee charged for such permit shall not exceed\nten dollars.\n  (c) Upon application in writing and good cause being shown, the city\ndepartment of transportation of a city not wholly included within one\ncounty may issue a permit pursuant to this subdivision to operate or\nmove a vehicle or a combination of vehicles the weights or the\ndimensions of which exceed the limitations provided for in the rules and\nregulations of the city department of transportation of such city upon\nall highways within such city including highways which are on the state\nsystem of highways. The rules and regulations of such city department of\ntransportation shall contain a schedule of fees to be charged for the\nissuance of such permits which fees shall cover, but shall not be\nlimited to, the costs to the city for the administration of the permit\nprogram. Such rules and regulations shall also contain any other\nrequirements deemed necessary by the city commissioner of\ntransportation.\n  (d) Except during storms, floods, fires or other public emergencies,\nno such permit may be issued to include a towing operation involving\nmore than two vehicles except three vehicle combinations consisting of a\ntractor, semitrailer and trailer or a tractor and two trailers within\nlegal weight and width limits proceeding to or from any qualifying\nhighway or access highway. Every such permit may designate the route to\nbe traversed and contain any other restrictions or conditions deemed\nnecessary by the issuing authority. Every such permit shall be carried\non the vehicle to which it refers and shall be open to the inspection of\nany peace officer, acting pursuant to his special duties, or police\nofficer, or any other officer or employee authorized to enforce this\nsection. All permits issued shall be revocable by the authority issuing\nthem at the discretion of the authority without a hearing or the\nnecessity of showing cause. Except for a vehicle having a maximum gross\nweight not exceeding eighty thousand pounds without regard to any axle\nweight limitation set forth herein or the maximum gross weight\nestablished by the formula commonly referred to as the bridge formula as\nset forth in subdivision ten of this section and except for state or\nmunicipally-owned single vehicles engaged in snow and ice control\noperations, or designed or fitted for snow and ice control operations\nwhile engaged in other public works operations on public highways which\ndo not exceed the weight limits contained in subdivision seventeen-a of\nthis section, no permit shall be issued to allow operation or movement\nof any vehicle or combination of vehicles whose weight exceeds the\nlimitations otherwise prescribed in this section other than an annual\npermit issued pursuant to paragraph (f) of this subdivision except upon\na finding by the department of transportation or the appropriate\nauthority, as the case may be, that the load proposed is of one piece or\nitem or otherwise cannot be separated into units of less weight\nprovided, however, that any such permit issued upon such finding shall\nnot be valid for the operation or movement of such vehicles on any state\nor other highway within any city not wholly included within one county.\nBulk milk may be considered one piece or item.\n  (e) The department of transportation or the issuing authority, as the\ncase may be, shall establish criteria by rule or regulation under which\nany vehicle, combination of vehicles, or specified cargoes in specified\ncircumstances or specified sites, routing or projects may be considered\none piece or item for the purpose of a permit under this subdivision.\n  (f) The department of transportation, or other issuing authority, may\nissue an annual permit for a vehicle designed and constructed to carry\nloads that are not of one piece or item, which is registered in this\nstate. Motor carriers having apportioned vehicles registered under the\ninternational registration plan must either have a currently valid\npermit at the time this provision becomes effective or shall have\ndesignated New York as its base state or one of the eligible\njurisdictions of operation under the international registration plan in\norder to be eligible to receive a permit issued pursuant to subparagraph\n(i), (ii) or (ii-a) of this paragraph. No permit issued pursuant to this\nparagraph shall be valid for the operation or movement of vehicles on\nany state or other highway within any city not wholly included within\none county unless such permit was issued by the city department of\ntransportation of such city.\n  Effective January first, two thousand five, no vehicle or combination\nof vehicles issued a permit pursuant to this paragraph shall cross a\nbridge designated as an R-posted bridge by the commissioner of\ntransportation or any other permit issuing authority absent a\ndetermination by such commissioner or permit issuing authority that the\npermit applicant has demonstrated special circumstances warranting the\ncrossing of such bridge or bridges and a determination by such\ncommissioner or permit issuing authority that such bridge or bridges may\nbe crossed safely, provided, however, that in no event shall a vehicle\nor combination of vehicles issued a permit under this paragraph be\npermitted to cross a bridge designated as an R-posted bridge if such\nvehicle or combination of vehicles has a maximum gross weight exceeding\none hundred two thousand pounds, and provided further, however, that\nnothing contained herein shall be deemed to authorize any vehicle or\ncombination of vehicles to cross any such bridge within any city not\nwholly included within one county unless such vehicle or combination of\nvehicles has been issued a valid permit by the city department of\ntransportation of such city pursuant to this subdivision.\n  No vehicle having a model year of two thousand six or newer shall be\nissued a permit pursuant to this paragraph unless each axle of such\nvehicle or combination of vehicles, other than steerable or trackable\naxles, is equipped with two tires on each side of the axle, any air\npressure controls for lift axles are located outside the cab of the\nvehicle and are beyond the reach of occupants of the cab while the\nvehicle is in motion, the weight on any grouping of two or more axles is\ndistributed such that no axle in the grouping carries less than eighty\npercent of any other axle in the grouping and any liftable axle is\nsteerable or trackable; and, further provided, after December\nthirty-first, two thousand nineteen, no permit shall be issued pursuant\nto this paragraph to a vehicle of any model year that does not meet the\nrequirements of this provision, except that such permits may be issued\nprior to January first, two thousand twenty to a vehicle that does not\nmeet the requirement concerning axle grouping weight distribution, but\nmeets all other requirements of this section.\n  A divisible load permit may only be transferred to a replacement\nvehicle by the same registrant or transferred with the permitted vehicle\nas part of the sale or transfer of the permit holder's business; or, if\nthe divisible load permit is issued pursuant to subparagraph (iv), (v)\nor (vi) of this paragraph for use within the counties of Westchester,\nRockland, Nassau, Suffolk, Putnam, Orange and Dutchess and has been\neffective for the five years preceding a transfer of such permit, the\npermit may be transferred with the permitted vehicle in the sale of the\npermitted vehicle to the holder of a permit issued pursuant to\nsubparagraph (iv), (v) or (vi) of this paragraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess.\n  If a permit holder operates a vehicle or combination of vehicles in\nviolation of any posted weight restriction, the permit issued to such\nvehicle or combination of vehicles shall be deemed void as of the next\nday and shall not be reissued for a period of twelve calendar months.\n  Until June thirtieth, nineteen hundred ninety-four, no more than\nsixteen thousand power units shall be issued annual permits by the\ndepartment for any twelve-month period in accordance with this\nparagraph. After June thirtieth, nineteen hundred ninety-four, no more\nthan sixteen thousand five hundred power units shall be issued annual\npermits by the department for any twelve-month period. After December\nthirty-first, nineteen hundred ninety-five, no more than seventeen\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period. After December thirty-first, two thousand\nthree, no more than twenty-one thousand power units shall be issued\nannual permits by the department for any twelve-month period. After\nDecember thirty-first, two thousand five, no more than twenty-two\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period. After December thirty-first, two thousand\nsix, no more than twenty-three thousand power units shall be issued\nannual permits by the department for any twelve-month period. After\nDecember thirty-first, two thousand seven, no more than twenty-four\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period. After December thirty-first, two thousand\neight, no more than twenty-five thousand power units shall be issued\nannual permits by the department for any twelve-month period. After\nDecember thirty-first, two thousand sixteen, no more than twenty-seven\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period.\n  Whenever permit application requests exceed permit availability, the\ndepartment shall renew annual permits that have been expired for less\nthan four years which meet program requirements, and then shall issue\npermit applicants having less than three divisible load permits such\nadditional permits as the applicant may request, providing that the\ntotal of existing and new permits does not exceed three. Remaining\npermits shall be allocated by lottery in accordance with procedures\nestablished by the commissioner in rules and regulations.\n  The department of transportation may issue a seasonal agricultural\npermit in accordance with subparagraphs (i), (ii) and (iii) of this\nparagraph that will be valid for four consecutive months with a fee\nequal to one-half the annual permit fees established under this\nsubdivision.\n  For a vehicle issued a permit in accordance with subparagraphs (iii),\n(iv), (v) and (vi) of this paragraph, such a vehicle must have been\nregistered in this state prior to January first, nineteen hundred\neighty-six or be a vehicle or combination of vehicles which replace such\ntype of vehicle which was registered in this state prior to such date\nprovided that the manufacturer's recommended maximum gross weight of the\nreplacement vehicle or combination of vehicles does not exceed the\nweight for which a permit may be issued and the maximum load to be\ncarried on the replacement vehicle or combination of vehicles does not\nexceed the maximum load which could have been carried on the vehicle\nbeing replaced or the registered weight of such vehicle, whichever is\nlower, in accordance with the following subparagraphs:\n  (i) A permit may be issued for a vehicle having at least three axles\nand a wheelbase not less than sixteen feet and for a vehicle with a\ntrailer not exceeding forty-eight feet. The maximum gross weight of such\na vehicle shall not exceed forty-two thousand five hundred pounds plus\none thousand two hundred fifty pounds for each foot and major fraction\nof a foot of the distance from the center of the foremost axle to the\ncenter of the rearmost axle, or one hundred two thousand pounds,\nwhichever is more restrictive provided, however, that any four axle\ngroup weight shall not exceed sixty-two thousand pounds, any tridem axle\ngroup weight shall not exceed fifty-seven thousand pounds, any tandem\naxle weight does not exceed forty-seven thousand pounds and any single\naxle weight shall not exceed twenty-five thousand pounds.\n  Any additional special authorizations contained in a currently valid\nannual permit shall cease upon the expiration of such current annual\npermit.\n  (ii) A permit may be issued subject to bridge restrictions for a\nvehicle or a combination of vehicles having at least six axles and a\nwheel base of at least thirty-six and one-half feet. The maximum gross\nweight of such vehicle or combination of vehicles shall not exceed one\nhundred seven thousand pounds and any tridem axle group weight shall not\nexceed fifty-eight thousand pounds and any tandem axle group weight\nshall not exceed forty-eight thousand pounds.\n  (ii-a) A permit may be issued subject to bridge restrictions for a\ncombination of vehicles having at least seven axles and a wheelbase of\nat least forty-three feet. The maximum gross weight of such combination\nof vehicles shall not exceed one hundred seventeen thousand pounds, any\nfour axle group weight shall not exceed sixty-three thousand pounds, any\ntridem axle group weight shall not exceed fifty-eight thousand pounds,\nany tandem axle group weight shall not exceed forty-eight thousand\npounds, and any single axle weight shall not exceed twenty-five thousand\npounds.\n  Each axle of such combination of vehicles, other than steerable or\ntrackable axles, shall be equipped with two tires on each side of the\naxle, any air pressure controls for lift axles shall be located outside\nthe cab of the combination of vehicles and shall be beyond the reach of\noccupants of the cab while the combination of vehicles is in motion, the\nweight on any grouping of two or more axles shall be distributed such\nthat no axle in the grouping carries less than eighty percent of any\nother axle in the grouping, and any liftable axle of such combination of\nvehicles shall be steerable or trackable.\n  (iii) A permit may be issued for a vehicle having two axles and a\nwheelbase not less than ten feet, with the maximum gross weight not in\nexcess of one hundred twenty-five percent of the total weight limitation\nas set forth in subdivision ten of this section. Furthermore, until\nDecember thirty-first, nineteen hundred ninety-four, any single rear\naxle weight shall not exceed twenty-eight thousand pounds. After\nDecember thirty-first, nineteen hundred ninety-four, any axle weight\nshall not exceed twenty-seven thousand pounds.\n  (iv) Within a city not wholly included within one county and the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess, a permit may be issued for a vehicle having at least three\naxles and a wheelbase not exceeding forty-four feet nor less than\nseventeen feet or for a vehicle with a trailer not exceeding forty feet.\n  Until December thirty-first, nineteen hundred ninety-four, a permit\nmay only be issued for such a vehicle having a maximum gross weight not\nexceeding eighty-two thousand pounds and any tandem axle group weight\nshall not exceed sixty-two thousand pounds.\n  After January first, nineteen hundred ninety-five, the operation of\nsuch a vehicle shall be further limited and a permit may only be issued\nfor such a vehicle having a maximum gross weight not exceeding\nseventy-nine thousand pounds and any tandem axle group weight shall not\nexceed fifty-nine thousand pounds, and any tridem shall not exceed\nsixty-four thousand pounds.\n  A permit may be issued only until December thirty-first, nineteen\nhundred ninety-four for a vehicle having at least three axles and a\nwheelbase between fifteen and seventeen feet. The maximum gross weight\nof such a vehicle shall not exceed seventy-three thousand two hundred\neighty pounds and any tandem axle group weight shall not exceed\nfifty-four thousand pounds.\n  No vehicle having a model year of two thousand six or newer shall be\nissued a permit pursuant to this subparagraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess unless it is equipped with at least four axles, and further\nprovided, after December thirty-first, two thousand fourteen, no permit\nshall be issued pursuant to this subparagraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess to a vehicle of any model year unless the vehicle is equipped\nwith at least four axles.\n  (v) Within a city not wholly included within one county and the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange or\nDutchess, a permit may be issued only until December thirty-first,\nnineteen hundred ninety-nine for a vehicle or combination of vehicles\nthat has been permitted within the past four years having five axles and\na wheelbase of at least thirty-six and one-half feet. The maximum gross\nweight of such a vehicle or combination of vehicles shall not exceed one\nhundred five thousand pounds and any tandem axle group weight shall not\nexceed fifty-one thousand pounds.\n  Within a city not wholly included within one county and the counties\nof Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,\na permit may be issued for a vehicle or combination of vehicles having\nat least five axles and a wheelbase of at least thirty feet. The maximum\ngross weight of such vehicle or combination of vehicles shall not exceed\nninety-three thousand pounds and any tridem axle group weight shall not\nexceed fifty-seven thousand pounds and any tandem axle group weight\nshall not exceed forty-five thousand pounds.\n  (vi) Within a city not wholly included within one county and the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess, a permit may be issued for a vehicle or combination of\nvehicles having at least five axles or more and a wheelbase of at least\nthirty-six and one-half feet, provided such permit contains routing\nrestrictions.\n  Until December thirty-first, nineteen hundred ninety-four, the maximum\ngross weight of a vehicle or combination of vehicles permitted under\nthis subparagraph shall not exceed one hundred twenty thousand pounds\nand any tandem or tridem axle group weight shall not exceed sixty-nine\nthousand pounds, provided, however, that any replacement vehicle or\ncombination of vehicles permitted after the effective date of this\nsubparagraph shall have at least six axles, any tandem axle group shall\nnot exceed fifty thousand pounds and any tridem axle group shall not\nexceed sixty-nine thousand pounds.\n  After December thirty-first, nineteen hundred ninety-four, the tridem\naxle group weight of any vehicle or combination of vehicles issued a\npermit under this subparagraph shall not exceed sixty-seven thousand\npounds, any tandem axle group weight shall not exceed fifty thousand\npounds and any single axle weight shall not exceed twenty-five thousand\nseven hundred fifty pounds.\n  After December thirty-first, nineteen hundred ninety-nine, all\nvehicles issued a permit under this subparagraph must have at least six\naxles.\n  After December thirty-first, two thousand fourteen, all combinations\nof vehicles issued a permit under this subparagraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess must have at least seven axles and a wheelbase of at least\nforty-three feet.\n  After December thirty-first, two thousand six, no permits shall be\nissued under this subparagraph for use within the counties of\nWestchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for\na vehicle or combination of vehicles having less than seven axles or\nhaving a wheelbase of less than forty-three feet, provided, however,\nthat permits may be issued for use within the counties of Westchester,\nRockland, Nassau, Suffolk, Putnam, Orange and Dutchess for vehicles or\ncombinations of vehicles where the permit applicant demonstrates that\nthe applicant acquired the vehicle or combination of vehicles prior to\nDecember thirty-first, two thousand six, and that if the vehicle or\ncombination of vehicles was acquired by the applicant after the\neffective date of this provision, such vehicle or combination of\nvehicles is less than fifteen years old. In instances where the\napplication is for a combination of vehicles, the applicant shall\ndemonstrate that the power unit of such combination satisfies the\nconditions of this subparagraph. In no event shall a permit be issued\nunder this subparagraph for use within the counties of Westchester,\nRockland, Nassau, Suffolk, Putnam, Orange and Dutchess for a vehicle or\ncombination of vehicles having less than seven axles or having a\nwheelbase of less than forty-three feet after December thirty-first, two\nthousand fourteen.\n  Except as otherwise provided by this subparagraph for the period\nending December thirty-first, two thousand fourteen, after December\nthirty-first, two thousand three, any combination of vehicles issued a\npermit under this subparagraph for use within the counties of\nWestchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess\nshall not exceed one hundred twenty thousand pounds, shall have at least\nseven axles, shall have a wheelbase of at least forty-three feet, and\nsingle axle weight shall not exceed twenty-five thousand seven hundred\nfifty pounds, any tandem axle group weight shall not exceed forty-eight\nthousand pounds, any tridem axle group weight shall not exceed\nsixty-three thousand pounds and any four axle group shall not exceed\nsixty-five thousand pounds.\n  From the date of enactment of this paragraph, permit applications\nunder subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi) of this\nparagraph for vehicles registered in this state may be honored by the\ncommissioner of transportation or other appropriate authority. The\ncommissioner of transportation and other appropriate authorities may\nconfer and develop a system through rules and regulations to assure\ncompliance herewith.\n  (g) A sani-van vehicle, as defined in section one hundred forty-one-a\nof this chapter for which a permit has been issued pursuant to this\nsubdivision is authorized to operate or move on all public highways or\nbridges within this state in accordance with any weight limitations\nspecified in such permit.\n  (h) In any action brought for damage or destruction of any highway or\nbridge including an action pursuant to section three hundred twenty of\nthe highway law, there shall be a presumption that the operation of a\nvehicle or combination of vehicles in excess of the maximum weight\nlimits established by this section or, in a city not wholly included\nwithin one county, in excess of the maximum weight limits prescribed by\nthe rules and regulations of the city department of transportation of\nsuch city, is the proximate cause of such damage or destruction to the\nhighway bridge or appurtenant structure, whether or not a permit to\nexceed such weight limits was issued by the appropriate authority.\n  (i) All moneys collected by the commissioner of transportation\npursuant to this subdivision shall be deposited by the comptroller into\nthe special obligation reserve and payment account of the dedicated\nhighway and bridge trust fund established pursuant to section\neighty-nine-b of the state finance law.\n  (j) The commissioner of transportation is authorized to conduct\nhearings with regard to the issuance or revocation of any permit issued\nby the commissioner of transportation pursuant to this section and\nrelating to the violation of any condition applicable to such permit as\nprovided in subdivision three of section one hundred forty-five of the\ntransportation law. If a permit issued by the department of\ntransportation is seized and the holder of the permit makes a written\nrequest to the department of transportation for a hearing, the\ncommissioner of transportation shall schedule a hearing within twenty\ndays of the receipt of such request.\n  (k) Any permit issued pursuant to this section that is seized shall be\nforwarded to the issuing authority as soon as practicable.\n  15-a. In furtherance of the authority to issue permits pursuant to\nsubdivision fifteen of this section, the department of transportation\nand the New York state thruway authority are authorized to enter into a\ncooperative agreement relative to permits to operate or move vehicles or\ncombinations of vehicles the weights or the dimensions of which exceed\nthe limitations otherwise provided for in this section along the thruway\nsystem and state highway system, routes 5 and 49 between the relocated\nthruway interchanges, including the Edic road interchange, and River\nroad in the vicinity of Edic road in the vicinity of the city of Utica.\nPermits issued hereunder may be of a joint or reciprocal type for\noperations or movements on such highway systems and shall not be limited\nto loads proposed as one piece or item or otherwise cannot be separated\ninto units of less weight.\n  16. The provisions of this section relating to the maximum dimension\nand weight limitations of vehicles shall not be applicable to any\nvehicle or combination of vehicles proceeding to or from the New York\nstate thruway while being operated at the following locations, provided,\nhowever, that the maximum dimensions and weight limitations of such a\nvehicle or combination of vehicles are in compliance with those\napplicable to the New York state thruway;\n  (a) Within a radius of fifteen hundred feet of any New York state\nthruway toll booth at Fultonville, New York;\n  (b) Within a radius of two thousand feet of any exit or entrance\ndesignated B-3 to the New York state thruway, Berkshire section, at New\nYork state route twenty-two;\n  (c) Over a route extending north and south on New York state route 332\nbetween New York state thruway exit no. 44 and its intersection with\nCollett road, and east and west on Collett road between said\nintersection and no. 6070 Collett road, a distance of approximately .8\nmiles.\n  (d) Within a radius of 1.2 miles from New York state thruway toll\nbooth no. 56 on access road to be built between such toll booth no. 56\nand the present eastern terminus of route 179 at South Park avenue, over\nroute 179 and old Mile Strip road to the truck terminal entrance on old\nMile Strip road at a point approximately two thousand four hundred\nthirty feet southeast of the intersection of old Mile Strip road and\nRoute 5 as measured along old Mile Strip road, or across Lake Avenue at\nthe northern end of the truck terminal;\n  (e) Within a distance of 1.5 miles measured along that portion of the\nRiver Road, New York state touring route 266, also known as state\nhighway 129, lying generally northerly of the South Grand Island\nBridges, such distance to be measured from the point where the\nsouthernmost access road to New York state thruway station no. 17\nintersects with said River Road;\n  (f) Within a distance of two miles measured along New York state route\n400, such distance to be measured from the point where said route 400\nintersects with the New York state thruway, and .5 miles measured along\nNew York state route 277, such distance to be measured in a northerly\ndirection from the point where New York state route 277 intersects with\nNew York state route 400;\n  (g) Within a distance of .8 miles measured along Walden Avenue in the\nTown of Cheektowaga, such distance to be measured in a westerly\ndirection from the point where said Walden Avenue intersects with the\nNew York state thruway, .5 miles measured along said Walden Avenue, such\ndistance to be measured in an easterly direction from the point where\nsaid Walden Avenue intersects with the New York state thruway, 1,640\nfeet measured along a roadway purchased by the Town of Cheektowaga from\nSorrento Cheese, Inc., such distance to be measured in a southerly\ndirection from the point where said roadway intersects with Walden\nAvenue, and .9 miles measured along New York state route 240, such\ndistance to be measured in a southerly direction from the point where\nNew York state route 240 intersects with said Walden Avenue;\n  (h) Within a distance of .1 miles measured along Sheridan Drive, New\nYork state route 324, such distance to be measured in an easterly\ndirection from the point where said Sheridan Drive intersects with New\nYork state thruway interchange N-15, and .4 miles measured along Kenmore\nAvenue, such distance to be measured in a southerly direction from the\npoint where Sheridan Drive intersects with said Kenmore Avenue;\n  (i) Within a distance of .8 miles measured along Dingens street in the\ncity of Buffalo such distance to be measured in a westerly direction\nfrom the Ogden street exit of the Niagara section of the New York state\nthruway;\n  (j) Within a distance of .25 miles along South street in the city of\nBuffalo between Hamburg street and Louisiana street;\n  (k) Within a distance of .7 miles measured along Louisiana street in\nthe city of Buffalo such distance to be measured in a southerly\ndirection from the Louisiana street entrance of the Niagara section of\nthe New York state thruway; and\n  (l) Within a distance of 1700 feet measured along that portion of the\nRiver Road, New York state touring route 266, also known as state\nhighway 129, lying generally southerly of the South Grand Island\nBridges, such distance to be measured from the point where the southern\nmost access road to New York state thruway station no. 17 intersects\nwith said River Road; and\n  (m) Within a distance of 0.6 miles extending north along New York\nstate route 233 from a point where such route 233 intersects with the\nexit or entrance designated number thirty-two of the New York state\nthruway at Westmoreland in Oneida county.\n  (n) Within a route from the thruway toll booth at the New York state\nthruway exit 21-B and along the access road to route 9-W, and thence\n1500 feet along route 9-W to be measured in a northerly direction from\nthe point where such thruway access road intersects route 9-W.\n  (o) (i) Within a distance of 0.8 miles from exit B-1 of the New York\nstate thruway Berkshire Spur, such distance to be measured in a\nnortherly direction from the point where state route 9 intersects the\nsouthern most access ramp leading to the New York state thruway.\n  (ii) Within a distance of 1.6 miles from the exit B-1 of the New York\nstate thruway Berkshire Spur, with such distance being measured in a\nnortherly direction from the point where state route 9 intersects the\nsouthern most access ramp leading to the New York state thruway, upon a\ndetermination by the commissioner of transportation that the vehicle or\ncombination of vehicles could operate safely upon such route and that no\napplicable federal law, regulation or other requirement prohibits the\noperation of such vehicle or combination of vehicles on such route.\n  (p) Within a distance of .45 miles measured along James E. Casey Drive\nin the city of Buffalo such distance to be measured in a northerly\ndirection from Dingens street.\n  (q) Within approximately one mile of the thruway toll booth at the New\nYork state thruway exit 23 in a northerly direction along interstate\nroute 787 to the first "Port of Albany" exit, and right on Church street\nsouth approximately one-half mile to the south end of the Mobil terminal\nfacility and return from Church street entering interstate route 787 in\na southerly direction to interchange 23 of the New York state thruway.\n  (r) On any route designated by the commissioner of transportation\nwithin a radius of six thousand six hundred feet of any exit or entrance\ndesignated interchange 26 of the New York state thruway, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  * (s) Over a route extending east and west across New York state route\n414 from the New York state thruway exit 41 to the terminus of the exit\n41 on and off ramps for a distance of approximately 100 feet across\nroute 414 and within approximately .1 miles of the on and off ramp of\nexit 41 of the New York state thruway. Nothing contained in this\nprovision shall be construed to permit these vehicles or combination of\nvehicles to turn on to route 414 or to travel along route 414.\n  * NB There are 2  (s)'s\n  * (s) Within a distance of three hundred twenty-five feet, measured\nalong Stew Leonard drive in the city of Yonkers, such distance to be\nmeasured in a west-east direction from the point where Stew Leonard\ndrive intersects with the southbound off-ramp and the northbound on-ramp\nof interchange 6A of the New York state thruway.\n  * NB There are 2  (s)'s\n  (t) Over a route extending south on New York state route 332 between\nNew York state thruway exit number 44 and its intersection with Gateway\ndrive and west on Gateway Drive to its intersection with Plastermill\nRoad and east on Plastermill Road to its intersection with Loomis Road\nand east on Loomis road between said intersection and no. 5923 Loomis\nroad, a distance of approximately 1.6 miles, and west on Loomis road\nbetween 5923 Loomis road and its intersection with New York state route\n332 and thence north on New York state route 332 to New York state\nthruway exit number 44, a distance of approximately 1.1 miles, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  (u) Over a route extending north and on New York state route 77\nbetween New York state thruway exit number 48-a and the overpass of the\nNew York state thruway, and south on New York state route 77, a distance\nof approximately .5 miles, where the commissioner of transportation\ndetermines that the vehicle or combination of vehicles could operate\nsafely along the designated route and that no applicable federal law,\nregulation or other requirement prohibits the operation of such vehicle\nor combination of vehicles on such route.\n  (v) Within a distance of approximately one mile from the New York\nstate thruway interchange 24 traveling along interstate route 90 to\ninterchange 2 Washington avenue, and to Washington avenue traveling\nwestbound to Fuller road in a northerly direction to interstate route 90\ntraveling to interchange 24 of the New York state thruway, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  (w) Within a distance of approximately 1.9 miles from the New York\nstate thruway interchange 25A, traveling in a westbound direction along\ninterstate route 88 to exit 25 to state route 7, and to a left on Becker\nroad traveling in a southbound direction on Becker road for\napproximately .2 miles to the New York state thruway interchange 25A\ntandem lot access road, or to the intersection of Becker road and state\nroute 7, and traveling in an eastbound direction for approximately 1.4\nmiles on state route 7 to the intersection of state route 7 and\nDunnsville road and then traveling in a southbound direction on\nDunnsville road for approximately .3 miles where the commissioner of\ntransportation determines that the vehicle or combination of vehicles\ncould operate safely along the designated route and that no applicable\nfederal law, regulation or other requirement prohibits the operation of\nsuch vehicle or combination of vehicles on such route.\n  (x) Within a distance of approximately 2.2 miles from the New York\nstate thruway interchange 34A traveling in a southbound direction along\ninterstate route 481 to interstate 481 exit 5E Kirkville road east along\nstate route 53 Kirkville road in an eastbound direction to interstate\nroute 481 traveling northbound to exit 6 to interchange 34A of the New\nYork state thruway, where the commissioner of transportation determines\nthat the vehicle or combination of vehicles could operate safely along\nthe designated route and that no applicable federal law, regulation or\nother requirement prohibits the operation of such vehicle or combination\nof vehicles on such route.\n  (y) Within a distance of approximately .8 miles from the New York\nstate thruway interchange 35, traveling approximately 200 feet around\nCarrier circle to traveling northbound on Thompson road for\napproximately 1000 feet, or traveling southbound on Thompson road\napproximately 100 feet, to traveling westbound on Tarbell road for\napproximately .5 miles to reenter at the Dewitt service area of the New\nYork state thruway where the commissioner of transportation determines\nthat the vehicle or combination of vehicles could operate safely along\nthe designated route and that no applicable federal law, regulation or\nother requirement prohibits the operation of such vehicle or combination\nof vehicles on such route.\n  (z) Within a distance of approximately one mile from the New York\nstate thruway interchange 36 traveling in a southbound direction on\ninterstate 81 to interstate 81 exit 25 7th North street, and traveling\neastbound on 7th North street to interstate 81 traveling in a northbound\ndirection to interchange 36 of the New York state thruway, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  (aa) Within a distance of approximately .6 miles from the New York\nstate thruway interchange 39 traveling eastbound on interstate 690 to\ninterstate 690 exit 2 Jones road in a northbound direction to state\nroute 690 north to interchange 39 of the New York state thruway, where\nthe commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  (bb) Within a distance of approximately .5 miles from the New York\nstate thruway interchange 45, traveling on interstate 490 to interstate\n490 exit 29, in a southwesterly direction along New York state route 96\nto the point where New York state route 96 intersects with the entrance\nramp to the New York state thruway interchange 45, and for approximately\n..2 miles along this entrance ramp to the New York state thruway\ninterchange 45, where the commissioner of transportation determines that\nthe vehicle or combination of vehicles could operate safely along the\ndesignated route and that no applicable federal law, regulation or other\nrequirement prohibits the operation of such vehicle or combination of\nvehicles on such route.\n  (cc) Within a distance of approximately .6 miles from the New York\nstate thruway interchange 46, traveling in a northeasterly direction on\nthe ramp from the New York state thruway interchange 46 to interstate\n390 north exit to New York state route 253, Lehigh Station road, for a\ndistance of approximately .5 miles along the ramp from interstate 390\nnorth exit to New York state route 253, Lehigh Station road, for a\ndistance of approximately .6 miles in a westerly direction along New\nYork state route 253, Lehigh Station road, to the intersection of New\nYork state route 253 with New York state route 15, then for a distance\nof approximately .6 miles in a southerly direction along New York state\nroute 15, to the New York state thruway interchange 46 maintenance\nfacility entrance, where the commissioner of transportation determines\nthat the vehicle or combination of vehicles could operate safely along\nthe designated route and that no applicable federal law, regulation or\nother requirement prohibits the operation of such vehicle or combination\nof vehicles on such route.\n  (dd) Within a distance of approximately .3 miles from the New York\nstate thruway interchange 47, traveling on interstate 490 to interstate\n490 exit 1, to a distance of approximately .2 miles along the ramp from\ninterstate 490 exit 1, for a distance of approximately .4 miles in a\nsouthwesterly direction to the entrance ramp of the New York state\nthruway interchange 47, where the commissioner of transportation\ndetermines that the vehicle or combination of vehicles could operate\nsafely along the designated route and that no applicable federal law,\nregulation or other requirement prohibits the operation of such vehicle\nor combination of vehicles on such route.\n  (ee) Within a distance of approximately .6 miles from the New York\nstate thruway interchange 19, traveling in a westbound direction along\nroute 28 to route 209, and traveling in a southbound direction on route\n209 for approximately .1 miles to route 28, and traveling in an\neastbound direction on route 28 for approximately .8 miles to the New\nYork state thruway interchange 19 where the commissioner of\ntransportation determines that the vehicle or combination of vehicles\ncould operate safely along the designated route and that no applicable\nfederal law, regulation or other requirement prohibits the operation of\nsuch vehicle or combination of vehicles on such route.\n  (ff) Within a distance of approximately .5 miles from the New York\nstate thruway interchange 31, traveling onto the ramp to Genesee street\nsouth for approximately 2800 feet to Genesee street north for\napproximately 275 feet to interchange 31 of the New York state thruway\nwhere the commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  (gg) Within a distance of approximately .2 miles from the New York\nstate thruway interchange 33 traveling westbound on state route 365 for\napproximately 900 feet to interchange 33 of the New York state thruway\nwhere the commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  (hh) Within a distance of approximately .15 miles from the New York\nstate thruway interchange 42 traveling on state route 14 for\napproximately 750 feet for travel to and from the thruway tandem lot and\ninterchange 42 where the commissioner of transportation determines that\nthe vehicle or combination of vehicles could operate safely along the\ndesignated route and that no applicable federal law, regulation or other\nrequirement prohibits the operation of such vehicle or combination of\nvehicles on such route.\n  (ii) Within a distance of approximately .1 miles from the New York\nstate interchange 43 traveling on state route 21 for approximately 600\nfeet for travel to and from the thruway tandem lot and interchange 43\nwhere the commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n  17-a. Except over any highway which is a part of a state interstate\nroute:\n  (i) The following weight limits shall apply to any state or\nmunicipally owned single vehicle, equipped with pneumatic tires, engaged\nin snow and ice control operations on public highways, including the\nstockpiling of materials and abrasives therefor, with a plow, leveling\nwing, or material hopper installed:\n  (a) The total weight on any one wheel, shall not be more than sixteen\nthousand pounds.\n  (b) The total weight on a single axle, shall not be more than\nthirty-two thousand pounds.\n  (c) The total weight on two consecutive axles, when such axles are\nspaced less than ten feet from center to center, shall not be more than\nforty-two thousand pounds.\n  (d) The total weight on all axles of a two axle vehicle shall not be\nmore than fifty-two thousand pounds; the total weight on all axles of a\nthree axle vehicle shall not be more than sixty-two thousand pounds.\n  (ii) The overall width of any state or municipally owned single\nvehicle, equipped with pneumatic tires, engaged in snow and ice control\noperations on public highways, shall not be more than twenty-five feet.\n  (iii) The following weight limits shall apply to any state or\nmunicipally owned single vehicle, equipped with pneumatic tires,\ndesigned or fitted for snow and ice control operations, while engaged in\nother public works operations on public highways:\n  (a) The total weight on any one wheel, shall not be more than sixteen\nthousand pounds.\n  (b) The total weight on a single axle, shall not be more than\nthirty-two thousand pounds.\n  (c) The total weight on two consecutive axles, when such axles are\nspaced less than ten feet from center to center, shall not be more than\nthirty-eight thousand pounds.\n  (d) The total weight on all axles of a two axle vehicle shall not be\nmore than fifty-two thousand pounds; the total weight on all axles of a\nthree axle vehicle shall not be more than fifty-eight thousand pounds.\n  17-b. Except over any highway which is a part of a state interstate\nroute, the following weight limits shall apply to any fire vehicle\nequipped with pneumatic tires.\n  (a) The total weight on any one wheel shall not be more than sixteen\nthousand pounds.\n  (b) The total weight on a single axle shall not be more than\nthirty-two thousand pounds.\n  (c) The total weight on two consecutive axles, when such axles are\nspaced less than ten feet from center to center, shall not be more than\nforty-two thousand pounds.\n  (d) The total weight on all axles of a two axle vehicle shall not be\nmore than fifty-two thousand pounds.\n  18. Except as provided in subdivisions eighteen-a or nineteen of this\nsection, the violation of the provisions of this section including a\nviolation related to the operation, within a city not wholly included\nwithin one county, of a vehicle which exceeds the limitations provided\nfor in the rules and regulations of the city department of\ntransportation of such city, shall be punishable by a fine of not less\nthan two hundred nor more than five hundred dollars, or by imprisonment\nfor not more than thirty days, or by both such fine and imprisonment,\nfor the first offense; by a fine of not less than five hundred nor more\nthan one thousand dollars, or by imprisonment for not more than sixty\ndays, or by both such fine and imprisonment, for the second or\nsubsequent offense; provided that a sentence or execution thereof for\nany violation under this subdivision may not be suspended. For any\nviolation of the provisions of this section, including a violation\nrelated to the operation, within a city not wholly included within one\ncounty, of a vehicle which exceeds the limitations provided for in the\nrules and regulations of the city department of transportation of such\ncity, the registration of the vehicle may be suspended for a period not\nto exceed one year whether at the time of the violation the vehicle was\nin charge of the owner or his agent. The provisions of section five\nhundred ten of this chapter shall apply to such suspension except as\notherwise provided herein.\n  18-a. A violation of the provisions of subdivisions two or fourteen of\nthis section, where the violation relates to the height of the vehicle,\nincluding a violation related to the operation, within a city not wholly\nincluded within one county, of a vehicle which exceeds the limitations\nprovided for in the rules and regulations of the city department of\ntransportation of such city, shall be punishable by a fine of not more\nthan one thousand dollars, or by imprisonment for not more than thirty\ndays, or by both such fine and imprisonment, for the first offense; by a\nfine of not more than two thousand dollars, or by imprisonment for not\nmore than sixty days, or by both such fine and imprisonment, for the\nsecond or subsequent offense; provided that a sentence or execution\nthereof for any violation under this subdivision may not be suspended.\nFor any violation of the provisions of subdivisions two or fourteen of\nthis section where the violation relates to the height of the vehicle,\nincluding a violation related to the operation, within a city not wholly\nincluded within one county, of a vehicle which exceeds the limitations\nprovided for in the rules and regulations of the city department of\ntransportation of such city, the registration of the vehicle may be\nsuspended for a period not to exceed one year whether at the time of the\nviolation the vehicle was in charge of the owner or his agent. The\nprovisions of section five hundred ten of this chapter shall apply to\nsuch suspension except as otherwise provided herein.\n  19. (a) A violation of the provisions of subdivision eight, nine, or\nten of this section by any vehicle or combination of vehicles whose\nweight exceeds the weight limitations as set forth in this section, or a\nviolation of such rules and regulations, by any vehicle or combination\nof vehicles whose weight exceeds the weight limitations as set forth in\nthis section or such rules and regulations, or a violation of the weight\nlimitations specified by permit issued pursuant to subdivision fifteen\nof this section shall be punishable by fines levied on the registered\nowner of the vehicle or vehicles, whether at the time of the violation\nthe vehicle was in the charge of the registered owner or the owner's\nagent or lessee in accordance with the following schedule:\n  Percent of excess weight                                Amount of fine\n  (percentage)                                                (dollars)\n  greater than                  less than or equal to\n        0                            2.0                            150\n        2.0                          4.0                            300\n        4.0                          6.0                            450\n        6.0                          7.0                            525\n        7.0                          8.0                            600\n        8.0                         10.0                            750\n       10.0                         12.0                            950\n       12.0                         14.0                          1,150\n       14.0                         16.0                          1,350\n       16.0                         18.0                          1,550\n       18.0                         20.0                          1,750\n       20.0                         22.0                          1,950\n       22.0                         24.0                          2,150\n       24.0                         26.0                          2,350\n       26.0                         28.0                          2,550\n       28.0                         30.0                          2,750\n       30.0                         32.0                          2,950\n       32.0                         34.0                          3,150\n       34.0                         36.0                          3,350\n       36.0                         38.0                          3,550\n       38.0                         40.0                          3,750\n       40.0                                                       3,750\n       or greater                                         plus $125 for\n                                                           each percent\n                                                        over 40 percent\n(NOTE:  Where  the  total weight, axle weight or axle grouping weight is\ngreater than seven percent including any  applicable  enforcement  scale\ntolerance in excess of the limits specified by a permit in areas outside\na  city  not  wholly contained in one county, the permit shall be deemed\nvoided and then the amount of fine shall  be  determined  in  accordance\nwith  the  maximum  weight  which  would  have  been  in  effect for the\noperation of such vehicle if the permit to exceed  such  maximum  weight\nhad not been issued.\n  (b) For violations to which the penalties set forth in paragraph (a)\nof this subdivision apply, in connection with the weighing of a vehicle\nor combination of vehicles, if it is found that there is a violation of\nsubdivision ten of this section and also of subdivision eight or nine of\nthis section, or both subdivisions eight and nine of this section, there\nshall be a single fine imposed and the maximum amount of such fine shall\nnot exceed the highest fine that could be imposed under this\nsubdivision.\n  (c) Notwithstanding paragraphs (a) and (b) of this subdivision, a\nviolation of the provisions of subdivision ten of this section in a city\nnot wholly included within one county or of the provisions of the rules\nor regulations of the city department of transportation setting forth\nthe maximum allowable gross weight for the operation of a vehicle in\nsuch city without a permit for such vehicle, by any vehicle or\ncombination of vehicles whose weight exceeds the weight limitations as\nset forth in this section, or such rules and regulations, or the weight\nlimitations specified by permit issued pursuant to subdivision fifteen\nof this section (excluding enforcement scale tolerance not to exceed\nfive percent) shall be punishable by fines levied on the registered\nowner of the vehicle or vehicles, whether at the time of the violation\nthe vehicle was in the charge of the registered owner or his agent or\nlessee in accordance with the following schedule:\nEXCESS TOTAL WEIGHT\n     (pounds)                                             Amount of Fine\n   GREATER THAN            LESS THAN OR EQUAL TO             (DOLLARS)\n           0                       2,000                         50\n       2,000                       3,000                         75\n       3,000                       4,000                        100\n       4,000                       5,000                        200\n       5,000                       6,000                        300\n       6,000                       7,000                        400\n       7,000                       8,000                        500\n       8,000                       9,000                        600\n       9,000                      10,000                        700\n      10,000                      15,000                      1,200\n      15,000                      20,000                      1,700\n      20,000                      25,000                      2,200\n      25,000                      30,000                      2,700\n      30,000                      35,000                      3,200\n      35,000                      40,000                      3,700\n      40,000                      45,000                      4,200\n      45,000                      50,000 or greater           4,700\n(NOTE:  Where  the  excess  total  weight  is  greater  than  the limits\nspecified by a permit, the permit shall be deemed voided  and  then  the\namount of fine shall be determined in accordance with the maximum weight\nwhich would have been in effect for the operation of such vehicle if the\npermit to exceed such maximum weight had not been issued.)\n  (d) Notwithstanding paragraphs (a) and (b) of this subdivision, a\nviolation of the provisions of subdivisions eight and nine of this\nsection in a city not wholly included within one county or of the\nprovisions of the rules or regulations of the city department of\ntransportation setting forth the maximum allowable axle or tandem axle\nweight for the operation of a vehicle in such city without a permit for\nsuch vehicle, by any vehicle or combination of vehicles whose weight\nexceeds the weight limitations as set forth in this section, or such\nrules or regulations, or the weight limitations specified by permit\nissued pursuant to subdivision fifteen of this section shall be\npunishable by fines levied on the registered owner of the vehicle or\nvehicles, whether at the time of the violation the vehicle was in the\ncharge of the registered owner, or his agent, or lessee, in accordance\nwith the following schedule:\nPercentage of excess weight\n     (PERCENTAGE)                                         AMOUNT OF FINE\n     GREATER THAN          LESS THAN OR EQUAL TO             (DOLLARS)\n           0                       5.0                          100\n         5.0                      10.0                          200\n        10.0                      15.0                          350\n        15.0                      20.0                          600\n        20.0                      25.0                         1000\n        25.0                      30.0                         1600\n        30.0                      35.0                         2450\n        35.0                      40.0                         3600\n        40.0                      45.0                         5100\n        45.0                                                   7000\n(NOTE:  Where the excess axle or axles weight is greater than the limits\nspecified by a permit, the permit shall be deemed voided  and  then  the\namount of fine shall be determined in accordance with the maximum weight\nwhich would have been in effect for the operation of such vehicle if the\npermit to exceed such maximum weight had not been issued.)\n  (e) In addition to the fines imposed by paragraphs (a), (c) and (d) of\nthis subdivision, the registration of the vehicle may be suspended for a\nperiod not to exceed one year, whether at the time of the violation of\nthis section the vehicle was in charge of the owner or the owner's\nagent, or lessee. The provisions of section five hundred ten of this\nchapter shall apply to such suspension, except as otherwise provided\nherein.\n  (f) If the vehicle is the subject of a permit issued pursuant to\nparagraph (f) of subdivision fifteen of this section and if the\nregistered owner of a vehicle fails to appear on the return date or\nsubsequent adjourned date of a summons, appearance ticket or notice of\nviolation issued pursuant to this subdivision or fails to pay a fine\nimposed pursuant to this subdivision, the registration of the vehicle or\nthe privilege of operating the vehicle in this state shall be suspended\nfor a period not to exceed one year. The suspension shall remain in\neffect until the registered owner's appearance or payment of the fine.\nThe commissioner or the commissioner's agent may deny a registration\napplication of any other person for the same vehicle where the\ncommissioner has reasonable grounds to believe that such registration\nwill have the effect of defeating the purpose of this paragraph.\n  20. Notwithstanding the provisions of sections three hundred\neighty-five, sixteen hundred thirty, sixteen hundred thirty-one, sixteen\nhundred forty, sixteen hundred forty-two, sixteen hundred fifty and\nsixteen hundred sixty of this chapter, nor of any other law, statute,\nordinance, rule or regulation, the state, a city, county, town, village,\npublic authority, including the port of New York and New Jersey\nauthority, or commission, or any department, agency, subdivision or\nother entity thereof, shall not enact nor enforce any law, statute,\nordinance, rule or regulation with respect to vehicle dimensions or\nweights which shall violate any of the provisions of the federal surface\ntransportation assistance act of nineteen hundred eighty-two. Any such\nlaw, statute, ordinance, rule or regulation which results in a\nnotification of an imminent loss or withholding of federal highway aid\nto the state shall to the degree inconsistent hereafter be deemed null\nand void and shall not be enforced.\n  20-a. If a vehicle or combination of vehicles is operated in violation\nof this section, an appearance ticket or summons may be issued to the\nregistrant of the vehicle, or if a combination of vehicles, to the\nregistrant of the hauling vehicle rather than the operator. In the event\nthe vehicle is operated by a person other than the registrant, any\nappearance ticket or summons issued to the registrant shall be served\nupon the operator, who shall be deemed the agent of the registrant for\nthe purpose of receiving such appearance ticket or summons. Such\noperator-agent shall transmit such ticket or summons to the registrant\nof the vehicle or the hauling vehicle. If the registrant does not appear\non the return date, a notice establishing a new return date and either\ncontaining all pertinent information relating to the charge which is\ncontained on the summons or appearance ticket or accompanied by a copy\nof the information or complaint shall also be mailed by certified or\nregistered mail by or on behalf of the court or administrative tribunal\nbefore whom the appearance ticket or summons is returnable to the\nregistrant at the address given on the registration certificate for the\nvehicle, or if no registration certificate is produced at the time the\nappearance ticket or summons is issued, to the address of the registrant\non file with the department or given to the person issuing the\nappearance ticket or summons. Whenever proceedings in a court or\nadministrative tribunal of this state result in a conviction for a\nviolation of this section, and the court or administrative tribunal has\nmade the mailing specified herein, the court or administrative tribunal\nshall levy a mandatory surcharge, in addition to any sentence or other\nsurcharge required or permitted by law, in the amount of thirty dollars.\nThis mandatory surcharge shall be paid to the clerk of the court or\nadministrative tribunal that rendered the conviction. Within the first\nten days of the month following collection of the mandatory surcharge by\na town or village court, the court shall pay such money to the state\ncomptroller who shall, pursuant to subdivision two of section\nninety-nine-a of the state finance law, credit such money to the account\nof the town or village which sent the mandatory surcharge. If such\ncollecting authority is any other court of the unified system or\nadministrative tribunal it shall, within such period, pay such money to\nthe state comptroller who shall deposit such money into the state\ntreasury. The provisions of this subdivision shall not apply to\nowner-operators of any motor vehicle or to any motor vehicle or trailer\nwhich is registered in the name of a person whose principal business is\nthe lease or rental of motor vehicles or trailers unless the motor\nvehicle or trailer is being operated by an employee of the registrant or\nfor a community of interest other than the lease or rental agreement\nbetween the parties to the lease or rental agreement.\n  21. The court may impose any sentence authorized by this chapter\nprovided, however, any such sentence must include a fine as provided in\nthis section.\n  22. In any case wherein the charge laid before the court alleges a\nviolation of this section, any plea of guilty thereafter entered in\nsatisfaction of such charge must include at least a plea of guilty to a\nviolation of one of the subdivisions of this section. No other\ndisposition by plea of guilty to any other charge in satisfaction of\nsuch charge shall be authorized. Provided, however, if the district\nattorney upon reviewing the available evidence determines that the\ncharge of a violation of this section is not warranted, or suspension of\nregistration is not, under the circumstances, appropriate he may\nconsent, and the court may allow, a disposition by plea of guilty to\nthat or another charge in satisfaction of such charge and, may waive\nsuspension of registration as required by this section, provided,\nhowever, the court must impose at least the minimum fine as authorized\nin this section for the offense of conviction.\n  23. Except on highways designated as part of the interstate system,\nthe provisions of subdivisions six, seven, eight, nine, ten, eleven and\ntwelve of this section shall not apply to any fire vehicle, as such term\nis defined in section one hundred fifteen-a of this chapter.\n  24. The provisions of subdivisions six, seven, eight, nine, ten,\neleven and twelve of this section shall not apply to any tow truck that\nis transporting a disabled vehicle from the place where such vehicle\nbecame disabled to the nearest appropriate repair facility and has a\ngross vehicle weight that is equal to or exceeds the gross vehicle\nweight of the disabled vehicle being transported.\n
N.Y. RPT Law § 1144 — New York Code / Act RPT / Article 11 / Title 3-A / Section 1144
Homeowner warning notices
Status: in_force

§ 1144. Homeowner warning notices. 1. (a) In the case of residential\nproperty as defined by section eleven hundred eleven of this article,\nwhen personal notice of the commencement of a foreclosure proceeding is\nmailed pursuant to section eleven hundred twenty-five of this article,\nsuch notice shall include or be accompanied by the homeowner warning\nnotice described by paragraph (b) of this subdivision. Provided,\nhowever, that in a tax district that does not enforce delinquent taxes\npursuant to this article, such homeowner warning notice shall be sent\nwhen the foreclosure proceeding is commenced.\n  (b) Such notice shall be in substantially the following form:\n  "YOU MAY BE AT RISK OF FORECLOSURE ON A PROPERTY TAX LIEN. PLEASE READ\nTHE FOLLOWING NOTICE CAREFULLY.\n  As of (enter date), your property taxes have not been paid for the\nfollowing years and amounts each year: (enter years and amounts)\n  The total needed to pay off all tax arrears as of the date of this\nnotice is: (enter amount due)\n  Under New York State law, we are required to send you this notice to\ninform you that you are at risk of losing your home.\n  Attached to this notice is a list of government approved housing\ncounseling agencies in your area which provide free counseling. You can\nalso call the NYS Office of the Attorney General's Homeowner Protection\nProgram (HOPP) toll-free consumer hotline to be connected to free\nhousing counseling or legal services in your area at 1-855-HOME-456\n(1-855-466-3456), or visit their website. A statewide listing by county\nis also available at the website of the New York State Department of\nFinancial Services. Qualified free help is available; watch out for\ncompanies or people who charge a fee for these services.\n  Housing counselors from New York-based agencies listed on the website\nabove are trained to help homeowners who are having problems making\ntheir tax payments and can help you find the best option for your\nsituation.\n  If you wish, you may also contact our office directly to discuss\npossible payment plans and other options.\n  While we cannot assure that a mutually agreeable resolution is\npossible, we encourage you to take immediate steps to try to achieve a\nresolution.\n  The longer you wait, the fewer options you may have.\n  If you have not taken any actions to resolve this matter within ninety\ndays from the date this notice was mailed, we may commence legal action\nor other remedies against you to foreclose the tax lien, which may\neventually result in eviction from your home.\n  Under New York State law, you may be barred from entering into a\npayment plan or from being permitted to make any payment to save your\nhome after the "Redemption Date". In your case, the "Redemption Date" is\ntentatively set as (enter date).\n  IMPORTANT: You have the right to remain in your home until you receive\na court order telling you to leave the property; however, you may lose\nthe right to continue ownership of your home after the Redemption Date.\nIf a foreclosure action is filed against you in court, you still have\nthe right to remain in the home until a court orders you to leave.\n  This notice is not an eviction notice, and a foreclosure action has\nnot yet been commenced against you.\n  You should also be aware that if you are a senior citizen, a person\nwith a physical disability and/or a veteran, you may be entitled to a\npartial exemption from property taxes. If you are not already receiving\none or more of these exemptions and would like information about the\neligibility and application requirements, please contact your local\nassessor's office."\n  (c) In a tax district that does not pursue foreclosure when property\nis owned by a person receiving one of more of the exemptions listed in\nsuch notice, a sentence reading substantially as follows shall be added:\n"If you are currently receiving one or more of these exemptions, please\ncontact us immediately so that we may suspend the foreclosure."\n  2. A failure of the owner to receive such notice shall not prevent the\ncollection and enforcement of the payment of the taxes on property owned\nby such person.\n  3. Such notice may be accompanied by a list of housing counseling\nagencies that serve the county in which the property is located,\nincluding the last known addresses and telephone numbers of such\nagencies. The department of financial services shall make available on\nits website a listing, by county, of such agencies. The enforcing\nofficer shall use such lists to meet the requirements of this section.\n  4. Such notice shall also include or be accompanied by a statement,\nset forth in each of the twelve most common non-English languages spoken\nby limited-English proficient individuals in the state, based on the\ndata in the most recent American Community Survey published by United\nStates Census Bureau, advising them that a translated version of this\nnotice, or a detailed summary thereof, may be found on the website of\nthe New York state office of general services. This requirement may be\nsatisfied by posting a statement in each such language that is\nsubstantially equivalent to the following: "YOU MAY BE AT RISK OF\nFORECLOSURE ON A PROPERTY TAX LIEN. To see this notice in (insert the\nname of the applicable language), go to (insert the applicable URL\naddress)."\n
N.Y. SOS Law § 462 — New York Code / Act SOS / Article 7 / Title 3 / Section 462
Responsibility for standards
Status: in_force

§ 462. Responsibility for standards. 1. (a) The office of children and\nfamily services shall promulgate regulations concerning standards of\ncare and treatment and fiscal, administrative, nutritional,\narchitectural and safety standards, consistent with the provisions of\nsection three hundred ninety-eight-a of this chapter, which shall apply\nto all facilities exercising care or custody of children or providing\ncare or shelter to unmarried mothers.\n  (b) With respect to facilities exercising care or custody of children,\nno license or operating certificate shall be provided or renewed unless\nit can be demonstrated that such facilities comply with regulations for\nthe prevention and remediation of reportable incidents involving\nchildren in such facilities, including procedures for:\n  (i) consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, assisting the justice\ncenter for the protection of people with special needs with its review\nand evaluation of criminal background checks of prospective employees,\nas set forth in subdivision five of section five hundred fifty-three of\nthe executive law;\n  (ii) establishing, for employees, relevant minimal experiential and\neducational qualifications consistent with appropriate collective\nbargaining agreements and applicable provisions of the civil service\nlaw;\n  (iii) assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n  (iv) demonstrating by a residential facility or program that\nappropriate action is taken to assure the safety of the child who is\nreported pursuant to article eleven of this chapter to the vulnerable\npersons' central register as well as other children in care, immediately\nupon notification that a report of a reportable incident has been made\nwith respect to a child in such facility or program;\n  (v) consistent with applicable collective bargaining agreements,\nassuring that an individual who has committed a category one offense, as\ndefined in paragraph (a) of subdivision five of section four hundred\nninety-three of this chapter, that is included on the vulnerable\npersons' central register is not hired or otherwise used in any position\nin which such individual would have regular and substantial contact with\na service recipient in any program operated, licensed or certified by\nthe office;\n  (vi) removing a child, consistent as applicable with any court order\nplacing the child, when it is determined that there is risk to such\nchild if he or she continues to remain within a facility or program;\n  (vii) appropriate preventive and remedial action to be taken including\nlegal actions, consistent with appropriate collective bargaining\nagreements and applicable provisions of the civil service law.\n  (c) With respect to facilities exercising care or custody of children\nsuch standards shall establish as a priority that:\n  (i) subject to the amounts appropriated therefor, administrators,\nemployees, volunteers and consultants receive training in at least the\nfollowing: child abuse prevention and identification, safety and\nsecurity procedures, the principles of child development, the\ncharacteristics of children in care and techniques of group and child\nmanagement including crisis intervention, the laws, regulations and\nprocedures governing the protection of children from abuse and neglect,\nand other appropriate topics, provided however, that the office may\nexempt administrators and consultants of such facilities or programs\nfrom such requirements upon demonstration of substantially equivalent\nknowledge or experience; and\n  (ii) subject to the amounts appropriated therefor, children receive\ninstruction, consistent with their age, needs and circumstances as well\nas the needs and circumstances within the facility or program, in\ntechniques and procedures which will enable such children to advocate\nfor and protect themselves from reportable incidents; and\n  (iii) the office, in consultation with the executive director of the\njustice center for persons with special needs, shall take all reasonable\nand necessary actions to assure that employees, volunteers and\nconsultants in residential care facilities and programs are kept\napprised on a current basis of all office policies and procedures\nrelating to the protection of children from reportable incidents, and\nshall monitor and supervise the provision of training to such\nadministrators, employees, volunteers, children and consultants.\n  (d) Such regulations shall be developed in consultation with other\nstate departments and agencies responsible for human services programs\nincluding, but not limited to, the department of education, the\ndepartment of health, the office of mental health, the office for people\nwith developmental disabilities, the office of alcoholism and substance\nabuse services and the justice center for the protection of people with\nspecial needs and shall, to the extent possible, be consistent with\nthose promulgated by other state agencies for such purposes.\n  (e) This subdivision shall not apply to facilities operated by or\ncertified or licensed to operate by another state agency.\n  (f) No residential institution for children as defined in subdivision\nforty-four of section sixteen hundred seventy-six of the public\nauthorities law shall enter into a lease, sub-lease or other agreement\nwith the dormitory authority pursuant to subdivision forty of section\nsixteen hundred eighty of the public authorities law unless and until:\n  (i) the office of children and family services, the director of the\ndivision of the budget and any other state agency which licenses such\nresidential institutions for children first determines that the project\nis necessary to address health and safety needs of children at the\ninstitution, approve the project cost upon determination that such costs\nare reasonable, necessary and cost effective based upon the application\nof cost per square foot guidelines and any other standards applicable to\nthe type of program or to the clinically-required needs of a specialized\ngroup of children to be served by the project; and\n  (ii) the office of children and family services or such other state\nagency which licenses such residential institution for children approves\nthe plans and specifications of the residential facilities to be\nreplaced, reconstructed, rehabilitated, improved, renovated, or\notherwise provided for, furnished or equipped.\n  2. (a) The office shall establish regulations governing secure and\nnon-secure detention facilities subject to article nineteen-G of the\nexecutive law and residential facilities operated as approved runaway\nprograms or transitional independent living support programs pursuant to\narticle nineteen-H of the executive law.\n  (b) The appropriate offices of the state department of mental hygiene\nshall establish regulations governing all child care facilities subject\nto articles thirty-one and thirty-two of the mental hygiene law.\n  (c) The department of mental hygiene and the office shall propose any\nadditional standards as are deemed necessary to adequately ensure the\ncare of children in facilities subject to the inspection and supervision\nof the department, which care for a significant number of mentally\ndisabled children, juvenile delinquents or persons in need of\nsupervision. The final form of any such additional standards shall be\nsubject to the approval of the department of mental hygiene for such\nstandards related to the care of mentally disabled children, or the\noffice for such standards related to the care of juvenile delinquents\nand persons in need of supervision.\n
N.Y. DOM Law § 115-A — New York Code / Act DOM / Article 7 / Title 3 / Section 115-A
Special provisions relating to children to be brought into the state for private-placement adoption
Status: in_force

§ 115-a. Special provisions relating to children to be brought into\nthe state for private-placement adoption. 1. In the case of a child\nwhose admission to the United States as an eligible orphan with\nnon-quota immigrant status pursuant to the federal immigration and\nnationality act is sought for the purpose of adoption in the state of\nNew York, the following pre-adoption requirements shall be observed: (a)\nThe adoptive parents or parent must present to a judge or surrogate\nhaving jurisdiction of adoption proceedings, in the county of residence\nof such adoptive parents or parent, a verified written application\ncontaining the information set forth in subdivision two of this section,\nin such form as the judge or surrogate may prescribe for an order of\npre-adoption investigation, to determine whether the adoption may be in\nthe best interests of the child.\n  (b) The adoptive parents or parent must appear for examination before\nthe judge or surrogate of the court where the pre-adoption proceedings\nare instituted.\n  (c) The application must be accompanied by duly authenticated\ndocumentary evidence: (1) that the child is a noncitizen under the age\nof sixteen and (2) that he or she is an orphan because of the death or\ndisappearance of both parents, or because of abandonment, or desertion\nby, or separation or loss from, both parents, or who has only one parent\ndue to the death or disappearance of, abandonment, or desertion by, or\nseparation or loss from the other parent, and the remaining parent is\nincapable of providing care for such orphan and has in writing\nirrevocably released him or her for emigration and adoption, and has\nconsented to the proposed adoption. In all cases where the orphan has no\nremaining parent under the circumstances set forth above, documentary\nevidence must be presented that the person, public authority or duly\nconstituted agency having lawful custody of the orphan at the time of\nthe making of the application, hereunder, has in writing irrevocably\nreleased him or her for immigration and adoption and has consented to\nthe proposed adoption and (3) that the adoptive parents agree to adopt\nand treat the adoptive child as their or his or her own lawful child.\n  (d) In addition thereto such additional releases and consents as the\ncourt may in its sound discretion require.\n  2. The verified written application shall contain the following\ninformation: the names and place of residence of the adoptive parent or\nparents; whether they are of full age; whether they are married or\nunmarried and, if married, whether they are living together as husband\nand wife; the name, date and place of birth of the adoptive child as\nnearly as the same can be ascertained; the religious faith of the\nadoptive parent or parents; the religious faith of the adoptive child\nand his parents as nearly as the same can be ascertained; the medical\nhistory of the adoptive child as nearly as the same can be ascertained;\nthe occupation and approximate income of the adoptive parent or parents,\nand the name by which the adoptive child is to be known; that no\nprevious application has been made to any court or judge for the relief\nsought or if so made, the disposition of it and a statement as to\nwhether the adoptive child has been previously adopted, if such fact is\nknown to the adoptive parent or parents; the facts which establish that\nthe child is an eligible orphan who would be entitled to enter the\nUnited States with non-quota immigrant status for the purpose of\nadoption in New York state, pursuant to the provisions in the federal\nimmigration and nationality act, in such case made; the circumstances\nwhereby, and names and addresses of the intermediaries, if any, through\nwhom the adoptive parent or parents learned of the existence and\neligibility of the child and the names and addresses of the person or\npersons, public authority or duly constituted agency in the land of the\nchild's residence executing the written release of the child for\nemigration and adoption, and the consent to such adoption, the\ncircumstances under which the release and consent were obtained, insofar\nas they are known to the adoptive parent or parents.\n  2-a. The verified written application shall contain the following\ninformation: the heritage of the parents as nearly as the same can be\nascertained, which shall include nationality, ethnic background and\nrace; education, which shall be the number of years of school completed\nby the parents at the time of the birth of the adoptive child; general\nphysical appearance of the parents at the time of the birth of the\nadoptive child, which shall include height, weight, color of hair, eyes,\nskin; occupation of the parents at the time of the birth of the adoptive\nchild; health and medical history of the parents at the time of the\nbirth of the adoptive child, including all available information setting\nforth conditions or diseases believed to be hereditary, any drugs or\nmedication taken during the pregnancy by the child's mother; and any\nother information which may be a factor influencing the child's present\nor future health, talents, hobbies and special interests of parents.\n  3. Upon receiving the verified written application, required\ndocumentary evidence, agreement and consents, the judge or surrogate,\nupon finding that the applicable provisions of section one hundred\nfifteen-a have been complied with and that it appears that the proposed\nadoption may be in the best interests of the child, shall issue an order\nof pre-adoption investigation hereunder. The order of pre-adoption\ninvestigation shall require that the report of such investigation be\nmade by a disinterested person who in the opinion of the judge or\nsurrogate is qualified by training and experience, or by an authorized\nagency specifically designated by him to examine into the statements set\nforth in the application. The investigator shall make a written report\nof his investigation into the truth and accuracy of the statements in\nthe application and where applicable, into the validity of the\ndocumentary evidence, submitted with the application, and he shall\nascertain as fully as possible, and incorporate in his report the\nvarious factors which may bear upon the determination of the application\nfor adoption including, but not limited to, the following information:\n  (a) the marital and family status, and history, of adoptive parents;\n  (b) the physical and mental health of the adoptive parents;\n  (c) the property owned by and the income of the adoptive parents;\n  (d) the compensation paid or agreed upon with respect to the placement\nof the child for adoption;\n  (e) whether either adoptive parent has ever been respondent in any\nproceeding concerning allegedly neglected, abandoned or delinquent\nchildren;\n  (f) the desirability of bringing the child into New York state for\nprivate-placement adoption;\n  (g) any other facts relating the familial, social, religious,\nemotional and financial circumstances of the adoptive parents which may\nbe relevant to a determination of suitability of the adoption.\n  The written report of pre-adoption investigation shall be submitted to\nthe judge or surrogate within thirty days after the same is directed to\nbe made, unless for good cause shown the judge or surrogate shall grant\na reasonable extension of such period. The report shall be filed with\nthe judge or surrogate, in any event, before the court shall issue its\npre-adoption certificate that it appears that the adoption is in the\nbest interests of the child.\n  4. On the return of the pre-adoption investigation order the judge or\nsurrogate shall examine the written report of the pre-adoption\ninvestigation, and shall determine upon the basis of such written report\nand such further proof, if any, as he may deem necessary, whether to\nissue a pre-adoption certificate as provided for in this subdivision.\n  If the court is satisfied that the adoption may be in the best\ninterests of the child, and that there has been compliance with all\nrequirements hereof and is satisfied that the moral and temporal\ninterests of the child will be promoted by the adoption, the judge or\nsurrogate shall issue an original certificate under seal of the court\nand two certified copies thereof, setting forth the fact that a\npre-adoption investigation has been conducted, and reciting the\ndocuments and papers submitted therewith and stating that in the opinion\nof the court there is compliance with all applicable laws and that it\nappears from such investigation that the moral and temporal interests of\nthe child will be promoted by the proposed adoption. The original\ncertificate shall be filed with the clerk of the court, one certified\ncopy with the state commissioner of social services, and the adoptive\nparents shall receive the second certified copy. The fact that the\nadoptive child was born out of wedlock shall in no case appear in such\ncertificate. The written report of pre-adoption investigation together\nwith all other papers pertaining to the pre-adoption investigation and\nthe original certificate shall be kept by the court as a permanent\nrecord and such papers must be sealed by the judge and withheld from\ninspection. No person shall be allowed access to such sealed records and\noriginal certificate and any index thereof except upon an order of the\ncourt in which the pre-adoption certificate was made or an order of a\njustice of the supreme court. No order for access and inspection shall\nbe granted except on due notice to the adoptive parents and on good\ncause shown. In like manner as a court of general jurisdiction exercises\nsuch powers, the court in which the pre-adoption certificate was made\nmay open, vacate or set aside such certificate for fraud, newly\ndiscovered evidence or other sufficient cause.\n  5. The private-placement adoption of children who have been brought\ninto the United States and the state for such purpose and placed with\nthe adoptive parent or parents, shall be effected after issuance of the\npre-adoption certificate, in the manner provided by this title,\nexcepting that (a) the petition shall also recite the pre-adoption\nproceedings, and (b) the court may in its discretion for good cause\nshown, waive a subsequent investigation. In such case the order of\nadoption shall recite the reason for such action.\n  6. In any case where there has been a failure to comply with the\nrequirements of this section, if applicable, no order of adoption shall\nbe made until one year after the court shall have received the petition\nto adopt. The court may shorten such waiting period for good cause\nshown, and, in such case the order of adoption shall recite the reason\nfor such action.\n  7. The provisions of this section, shall not be applicable to the\nadoption of children placed out or to be placed out for adoption by an\nauthorized agency as defined in section three hundred seventy-one of the\nsocial services law.\n  8. Notwithstanding any provision of law to the contrary, where a child\nis placed with a couple or individual in New York state for the purpose\nof adoption, and where said adoption has theretofore been finalized in\nthe country of birth, outside the United States, the couple or person\nmay petition the court in their county of residence in New York state,\nfor the readoption of said child in accordance with the provisions of\nthis chapter, providing for adoptions originally commenced in this\nstate. In any proceeding for readoption, proof of finalization of an\nadoption outside the United States shall be prima facie evidence of the\nconsent of those parties required to give consent to an adoption\npursuant to section one hundred eleven of this article.\n
N.Y. SOS Law § 67 — New York Code / Act SOS / Article 3 / Title 3 / Section 67
Town public welfare officers; appointment of staff
Status: in_force

§ 67.  Town public welfare officers; appointment of staff.  1. The\ntown board of each town responsible for the expense of providing safety\nnet assistance for persons residing or found in such town shall appoint\na social services  official or authorize a supervisor of the town to act\nas  such official. It may in its discretion appoint an assistant town\nsocial services official and other employees to assist the town social\nservices official in carrying out his or her duties. The town social\nservices official, his or her assistant and other employees shall hold\noffice during the pleasure of the town board. The town board shall fix\nthe salary to be paid a town social services official, his or her\nassistant or other employees or fix the amount per hour to be paid them\nwhen they are performing any duty connected with their office.\n  2.  The town public welfare officer shall be responsible for the\nauthorization of the assistance and care for which the town is\nresponsible and shall assist the county commissioner in the\nadministration of assistance and care to persons residing or found in\nhis town for whose care the county public welfare district is\nresponsible.  Except as otherwise agreed and arranged by and between the\ncounty commissioner and the town public welfare officer, the town public\nwelfare officer shall receive all applications for public assistance and\ncare made in his town by residents of such town, and he shall forward\neach such application to the county commissioner immediately after the\nreceipt of the same.  He shall have all the powers and perform all the\nduties of a public welfare official applicable to the work hereby\nassigned.\n  3.  In case of emergency and until it is possible for the county\ncommissioner either to take charge of the case or to make a complete\ninvestigation, the town public welfare officer may grant such temporary\nassistance and care as may be necessary.  All such grants made by the\ntown public welfare officer shall be made in accordance with the rules\nand regulations of the department and the regulations established by the\ncounty commissioner of public welfare.\n
N.Y. RSS Law § 319-A — New York Code / Act RSS / Article 8 / Title 3 / Section 319-A
Employer contributions for the two thousand ten - two thousand eleven fiscal year and subsequent fiscal years
Status: in_force

§ 319-a. Employer contributions for the two thousand ten - two\nthousand eleven fiscal year and subsequent fiscal years. a. In addition\nto the definitions in section three hundred two of this article, when\nused in this section:\n  (1) "Amortizing employer" shall mean an employer that elects to\namortize a portion of the employer's annual bill pursuant to paragraph\none of subdivision d of this section for the two thousand ten - two\nthousand eleven fiscal year, or any subsequent fiscal year, pursuant to\nthe system graded contribution rate regardless of whether the employer\nhas subsequently paid in full all such amortized amounts, and that does\nnot elect to amortize as an alternative amortizing employer for the two\nthousand thirteen - two thousand fourteen fiscal year.\n  (1-a) "Alternative amortizing employer" shall mean a county, city,\ntown or village that, on a form prepared by the comptroller, elects to\nand does amortize a portion of the employer's annual bill pursuant to\nparagraph one of subdivision d of this section for the two thousand\nthirteen - two thousand fourteen fiscal year pursuant to the alternative\nsystem graded contribution rate, regardless of whether the employer has\nsubsequently paid in full all such amortized amounts.\n  (2) "Amount eligible for amortization" for a given fiscal year shall\nmean the amount by which an employer's actuarial contribution for such\nfiscal year exceeds the employer's graded contribution for the same\nfiscal year, less any amount from the employer contribution reserve fund\napplied to reduce the employer's payment to the retirement system for\nthe fiscal year, provided, however, that if the employer's average\nactuarial contribution rate for the fiscal year is less than seventeen\nand one-half percent, then the amount eligible for amortization shall be\nzero.\n  (3) "Employer's actuarial contribution" for a given fiscal year shall\nmean an employer's annual bill for such fiscal year exclusive of the\ndeficiency contributions and payments on account of group term life\ninsurance, adjustments relating to prior fiscal years' obligations,\nretirement incentives and prior amortizations.\n  (4) "Employer's annual bill" shall mean for a given fiscal year the\nsum of the following amounts: (i) an employer's normal contributions for\nthe fiscal year determined in accordance with paragraph one of\nsubdivision b of section three hundred twenty-three of this article and\nthe comprehensive structural reform program implemented pursuant to\nsubdivision b of section three hundred twenty-three-a of this article,\nincluding the provisions of subdivision b of section three hundred\ntwenty-three-a of this article relating to the required minimum annual\ncontribution of four and one-half percent of pensionable salaries; (ii)\nthe employer's deficiency contributions and administration contributions\nfor the fiscal year determined in accordance with paragraphs two and\nthree of subdivision b of section three hundred twenty-three of this\narticle; and (iii) any payments by the employer due in the fiscal year\non account of group term life insurance, adjustments relating to prior\nfiscal years' obligations, retirement incentives and prior\namortizations.\n  (5) "Employer's average actuarial contribution rate" for a given\nfiscal year shall mean an employer's actuarial contribution for such\nfiscal year divided by the employer's payroll for the previous fiscal\nyear.\n  (6) "Employer contribution reserve fund" or "fund" shall mean the\nemployer contribution reserve fund established pursuant to subdivision e\nof this section.\n  (7) "Employer's graded contribution" for a given fiscal year shall\nmean the amount determined by applying the employer's graded\ncontribution rate or the alternative amortizing employer's graded\ncontribution rate for such fiscal year to an employer's payroll for the\nprevious fiscal year.\n  (8) "Employer's graded contribution rate" for a given fiscal year\nshall mean (i) the system graded contribution rate for such fiscal year,\nor (ii) in the case of an individual employer for which a graded\ncontribution rate has been determined pursuant to paragraph three of\nsubdivision c of this section, the graded contribution rate for the\nindividual employer for such fiscal year.\n  (9) "Employer's graded payment" for a given fiscal year shall mean the\namount by which an employer's graded contribution for such fiscal year\nexceeds the employer's actuarial contribution for the same fiscal year.\n  (10) "Prior amortization" shall mean with respect to a given fiscal\nyear any payment due in such fiscal year on account of an obligation\nfrom a prior fiscal year that an employer is permitted to pay to the\nretirement system on an amortized basis.\n  (11) "System average actuarial contribution rate" for a given fiscal\nyear shall mean the sum of all employers' actuarial contributions for\nsuch fiscal year, divided by the sum of all employers' payroll for the\nprevious fiscal year.\n  (12) "System graded contribution rate" for a given fiscal year shall\nmean the graded contribution rate for the retirement system as a whole\ndetermined for such fiscal year pursuant to paragraph one or two of\nsubdivision c of this section.\n  (13) "Alternative system graded contribution rate" for a given fiscal\nyear shall mean the graded contribution rate for the retirement system\nas a whole determined for such fiscal year pursuant to paragraph one or\ntwo of subdivision c-1 of this section.\n  b. Notwithstanding the provisions of this chapter or any other law to\nthe contrary, the comptroller, in his or her discretion, shall have\nauthority to implement this section. If the comptroller elects to\nimplement this section, the provisions of this section shall apply to\nthe payment of employer contributions for the fiscal year commencing on\nApril first, two thousand ten, and for subsequent fiscal years. If the\ncomptroller, within his or her discretion, elects to implement the\nalternative system graded contribution rate as provided by subdivision\nc-1 of this section, the provisions of paragraph one-a of subdivision d\nof this section shall apply to the payment of employer contributions for\nthe fiscal year commencing on April first, two thousand thirteen, and\nfor subsequent fiscal years.\n  c. For each fiscal year to which the provisions of this section apply,\nthe comptroller shall determine a graded contribution rate for the\nretirement system as a whole in the manner provided in this subdivision.\n  (1) For the two thousand ten - two thousand eleven fiscal year the\nsystem graded contribution rate shall be seventeen and one-half percent.\n  (2) For the two thousand eleven - two thousand twelve fiscal year, and\nsubsequent fiscal years, system graded contribution rates shall be\ndetermined as follows:\n  (i) if the system average actuarial contribution rate for a given\nfiscal year is at least seventeen and one-half percent and exceeds the\nsystem graded contribution rate for the immediately preceding fiscal\nyear by more than one percentage point, then the system graded\ncontribution rate for the given fiscal year shall equal the system\ngraded contribution rate for the immediately preceding fiscal year plus\none percentage point, provided however, that in no event shall the\nsystem graded contribution rate be less than seventeen and one-half\npercent;\n  (ii) if the system average actuarial contribution rate for a given\nfiscal year is at least seventeen and one-half percent and either equals\nthe system graded contribution rate for the immediately preceding fiscal\nyear or exceeds the system graded contribution rate for the immediately\npreceding fiscal year by one percentage point or less, then the system\ngraded contribution rate for the given fiscal year shall equal the\nsystem average actuarial contribution rate for such fiscal year,\nprovided, however, that in no event shall the system graded contribution\nrate be less than seventeen and one-half percent;\n  (iii) if the system average actuarial contribution rate for a given\nfiscal year is less than seventeen and one-half percent and greater than\nthe system graded contribution rate for the immediately preceding fiscal\nyear, then the system graded contribution rate for the given fiscal year\nshall equal the system actuarial contribution rate for such fiscal year;\n  (iv) if the system average actuarial contribution rate for a given\nfiscal year is smaller than the system graded contribution rate for the\nimmediately preceding fiscal year by more than one percentage point,\nthen the system graded contribution rate for the given fiscal year shall\nequal the system graded contribution rate for the immediately preceding\nfiscal year minus one percentage point; and\n  (v) if the system average actuarial contribution rate for a given\nfiscal year either equals the system graded contribution rate for the\nimmediately preceding fiscal year or is smaller than the system graded\ncontribution rate for the immediately preceding fiscal year by one\npercentage point or less, then the system graded contribution rate for\nthe given fiscal year shall equal the system actuarial contribution rate\nfor such fiscal year.\n  (3) The comptroller shall determine a graded contribution rate for\nindividual employers as provided in this paragraph. The graded\ncontribution rate for an individual employer is the product of the\nsystem's graded contribution rate with the ratio of the employer's\naverage actuarial contribution rate to the system's average actuarial\ncontribution rate, not to exceed one hundred percent of the system's\ngraded contribution rate.\n  c-1. For each fiscal year to which the provisions of this section\napply, the comptroller shall determine an alternative system graded\ncontribution rate for the retirement system as a whole in the manner\nprovided in this subdivision.\n  (1) For the two thousand thirteen - two thousand fourteen fiscal year\nand the two thousand fourteen - two thousand fifteen fiscal year, the\nalternative system graded contribution rate shall be twenty percent.\n  (2) For the two thousand fifteen - two thousand sixteen fiscal year\nand the subsequent fiscal years, alternative system graded contribution\nrates shall be determined as follows:\n  (i) if the system average actuarial contribution rate for a given\nfiscal year is at least seventeen and one-half percent and exceeds the\nalternative system graded contribution rate for the immediately\npreceding fiscal year by more than one-half percentage point, then the\nalternative system graded contribution rate for the given fiscal year\nshall equal the alternative system graded contribution rate for the\nimmediately preceding fiscal year plus one-half percentage point,\nprovided, however, that in no event shall the alternative system graded\ncontribution rate be less than seventeen and one-half percent;\n  (ii) if the system average actuarial contribution rate for a given\nfiscal year is at least seventeen and one-half percent and either equals\nthe alternative system graded contribution rate for the immediately\npreceding fiscal year or exceeds the alternative system graded\ncontribution rate for the immediately preceding fiscal year by one-half\npercentage point or less, then the alternative system graded\ncontribution rate for the given fiscal year shall equal the system\naverage actuarial contribution rate for such fiscal year, provided,\nhowever, that in no event shall the alternative system graded\ncontribution rate be less than seventeen and one-half percent;\n  (iii) if the system average actuarial contribution rate for a given\nfiscal year is less than seventeen and one-half percent and greater than\nthe alternative system graded contribution rate for the immediately\npreceding fiscal year, then the alternative system graded contribution\nrate for the given fiscal year shall equal the system actuarial\ncontribution rate for such fiscal year;\n  (iv) if the system average actuarial contribution rate for a given\nfiscal year is smaller than the alternative system graded contribution\nrate for the immediately preceding fiscal year by more than one-half\npercentage point, then the alternative system graded contribution rate\nfor the given fiscal year shall equal the alternative system graded\ncontribution rate for the immediately preceding fiscal year minus\none-half percentage point; and\n  (v) if the system average actuarial contribution rate for a given\nfiscal year either equals the alternative system graded contribution\nrate for the immediately preceding fiscal year or is smaller than the\nalternative system graded contribution rate for the immediately\npreceding fiscal year by one-half percentage point or less, then the\nalternative system graded contribution rate for the given fiscal year\nshall equal the system actuarial contribution rate for such fiscal year.\n  d. (1) For any given fiscal year for which an employer's average\nactuarial contribution rate exceeds the employer graded contribution\nrate, the employer shall pay to the retirement system an amount equal to\nthe employer's annual bill for such year or, in lieu of paying the\nentire annual bill, the employer may pay an amount equal to the\nemployer's annual bill less all or a portion of the employer's amount\neligible for amortization for the fiscal year. If in accordance with\nthis paragraph the employer's payment to the retirement system is less\nthan the entire amount of the employer's annual bill, then the\ndifference between the employer's annual bill, and the amount actually\npaid by the employer to the retirement system exclusive of any amount\nfrom the employer contribution reserve fund applied to reduce the\nemployer's payment, shall be the amount amortized for the fiscal year.\nThe amount amortized for the fiscal year shall be paid to the retirement\nsystem in equal annual installments over a ten-year period, with\ninterest on the unpaid balance at a rate determined by the comptroller\nwhich approximates a market rate of return on taxable fixed rate\nsecurities with similar terms issued by comparable issuers, and with the\nfirst installment due in the immediately succeeding fiscal year.\nProvided however that, notwithstanding any provision of law to the\ncontrary and at the sole discretion of the director of the division of\nthe budget, the state as an amortizing employer may prepay to the\nretirement system the total amount of principal due for any such annual\ninstallment or installments for a given fiscal year prior to the\nexpiration of the ten-year amortization period. In the event the state\nelects to make such prepayment, the director of the division of budget\nmust identify the fiscal year or years for which the total principal\namount due for the annual installment is being prepaid. In any fiscal\nyear for which the director of the division of the budget identifies\nsuch prepayment is being made, the state (i) shall not be required to\nmake a payment of principal to the retirement system for such fiscal\nyear, and (ii) shall pay to the retirement system annual interest on the\nremaining principal balance at the rate originally set by the\ncomptroller when the state first elected to amortize in accordance with\nthis paragraph. Nothing contained herein shall permit the state to\nextend the amortization period originally established in accordance with\nthis paragraph beyond the original ten-year amortization period.\n  (1-a) For any given fiscal year for which an employer's average\nactuarial contribution rate exceeds the alternative system graded\ncontribution rate, the employer shall pay to the retirement system an\namount equal to the employer's annual bill for such year or, in lieu of\npaying the entire annual bill, the employer may pay an amount equal to\nthe employer's annual bill less all or a portion of the employer's\namount eligible for amortization for the fiscal year. If in accordance\nwith this paragraph the employer's payment to the retirement system is\nless than the entire amount of the employer's annual bill, then the\ndifference between the employer's annual bill, and the amount actually\npaid by the employer to the retirement system exclusive of any amount\nfrom the employer contribution reserve fund applied to reduce the\nemployer's payment, shall be the amount amortized for the fiscal year.\nThe amount amortized for the fiscal year shall be paid to the retirement\nsystem in equal annual installments over a twelve year period, with\ninterest on the unpaid balance at a rate determined by the comptroller\nwhich shall be the twelve year interpolated rate based on the most\nrecently published yield to maturity of a ten year and twenty year U.S.\nTreasury Security plus one hundred basis points.\n  (2) For any given fiscal year for which the employer graded\ncontribution rate equals or exceeds an amortizing employer's average\nactuarial contribution rate, the amortizing employer shall pay to the\nretirement system an amount equal to the employer's annual bill for such\nyear plus the employer's graded payment for the fiscal year.\n  (i) If the amortizing employer's annual bill for the fiscal year does\nnot include an amount attributable to a prior amortization, then the\nemployer's graded payment shall be paid into the employer contribution\nreserve fund provided for in subdivision e of this section and credited\nto an account within such fund established for the employer.\n  (ii) If the amortizing employer's annual bill for the fiscal year\nincludes an amount attributable to a prior amortization, the employer's\ngraded payment shall be used first to eliminate the amount of the\nemployer's unpaid prior amortization balances in chronological order\nstarting with oldest prior amortization balance. When in any fiscal year\nthe employer's graded payment eliminates all balances owed on the\nemployer's prior amortizations, any remaining portion of the employer's\ngraded payment for such fiscal year, and the employer's graded payment\nin any subsequent fiscal year in which the amortizing employer has no\nunpaid prior amortizations, shall be paid into the employer contribution\nreserve fund provided for in subdivision e of this section and credited\nto an account within such fund established for the employer.\n  (2-a) For any given fiscal year for which the alternative system\ngraded contribution rate equals or exceeds an alternative amortizing\nemployer's average actuarial contribution rate, the alternative\namortizing employer shall pay to the retirement system an amount equal\nto the employer's annual bill for such year plus the employer's graded\npayment for the fiscal year.\n  (i) If the alternative amortizing employer's annual bill for the\nfiscal year does not include an amount attributable to a prior\namortization, then the employer's graded payment shall be paid into the\nemployer contribution reserve fund provided for in subdivision e of this\nsection and credited to an account within such fund established for the\nemployer.\n  (ii) If the alternative amortizing employer's annual bill for the\nfiscal year includes an amount attributable to a prior amortization, the\nemployer's graded payment shall be used first to eliminate the amount of\nthe employer's unpaid prior amortization balances in chronological order\nstarting with oldest prior amortization balance. When in any fiscal year\nthe employer's graded payment eliminates all balances owed on the\nemployer's prior amortizations, any remaining portion of the employer's\ngraded payment for such fiscal year, and the employer's graded payment\nin any subsequent fiscal year in which the amortizing employer has no\nunpaid prior amortizations, shall be paid into the employer contribution\nreserve fund provided for in subdivision e of this section and credited\nto an account within such fund established for the employer.\n  (3) Nothing in this subdivision shall be construed as prohibiting an\nemployer from pre-paying any prior amortization.\n  e. (1) Notwithstanding any law to the contrary, there shall be\nmaintained separate and apart from the other funds of the retirement\nsystem an employer contribution reserve fund, the assets of which shall\nnot be used or invested in a manner contrary to the provisions of this\nsubdivision. The fund shall consist of all employer contributions\nrequired to be deposited into the fund pursuant to subdivision d of this\nsection. Within such fund there shall be a separate account for each\nemployer making such contributions and payments.\n  (2) For any given fiscal year for which (i) the system actuarial\ncontribution rate exceeds seventeen and one-half percent of payroll as\nof the end of the previous fiscal year, and (ii) for which an employer's\naverage actuarial contribution rate exceeds the employer's graded\ncontribution rate or the alternative employer's graded contribution\nrate, the balance in the employer's account within such fund shall be\napplied to reduce the employer's payment to the retirement system for\nsuch fiscal year in an amount not to exceed the difference between the\nemployer's actuarial contribution and the employer's graded contribution\nfor the fiscal year.\n  (3) Notwithstanding the provisions of paragraph two of this\nsubdivision, if at the close of any given fiscal year the balance of an\nemployer's account within the fund exceeds the employer's actuarial\ncontribution for the previous fiscal year, no graded payment shall be\nrequired or allowed.\n  (4) The assets of the fund shall be invested in only the following\ntypes of investments:\n  (i) obligations of the United States of America or in obligations\nguaranteed by agencies of the United States of America where the payment\nof principal and interest are guaranteed by the United States of America\nor in obligations of the state of New York;\n  (ii) general obligation bonds and notes of any state other than this\nstate, provided that such bonds and notes receive the highest rating of\nat least one independent rating agency;\n  (iii) obligations of, or instruments issued by or fully guaranteed as\nto principal and interest by, any agency or instrumentality of the\nUnited States acting pursuant to a grant of authority from the congress\nof the United States, including, but not limited to, any federal home\nloan bank or banks, the Tennessee valley authority, the federal national\nmortgage association, the federal home loan mortgage corporation and the\nUnited States postal service;\n  (iv) certificate of deposits that are fully secured by the issuer by\ndepositing with the comptroller direct or indirect obligations of the\nUnited States or its agencies or a letter of credit issued by the\nFederal Home Loan Bank; and\n  (v) obligations of any corporation organized under the laws of any\nstate in the United States maturing within two hundred seventy days\nprovided that such obligations receive the highest rating of two\nindependent rating services designated by the comptroller.\n  (5) At the close of each fiscal year, the amount of interest and\nearnings attributable to each employer's account shall be computed by\nthe actuary and certified to the comptroller, who shall thereupon credit\neach employer's account in accordance therewith.\n  (6) The assets of the fund shall be excluded from the annual valuation\nof the assets and liabilities of the funds of the retirement system\nrequired by section three hundred eleven of this title. The assets of\nthe fund shall not finance increases in pension benefits.\n  f. (1) An amortizing employer may elect to terminate participation in\nthe contribution stabilization program provided that such employer shall\nhave paid in full all such prior year amortization amounts including\ninterest as determined by the comptroller. Furthermore, any amortizing\nemployer that has terminated participation in the contribution\nstabilization program may re-enter the program in a year in which the\nemployer is eligible to amortize and their employer contribution reserve\nfund has been depleted.\n  (2) An alternative amortizing employer may elect to terminate\nparticipation in the alternative contribution stabilization program\nprovided that such employer shall have paid in full all such prior year\namortization amounts including interest as determined by the\ncomptroller. Furthermore, any alternative amortizing employer that has\nterminated participation in the alternative contribution stabilization\nprogram may not re-enter the alternative contribution stabilization\nprogram; provided, however, such employer may enter the regular\ncontribution stabilization program as set forth in paragraph one of this\nsubdivision.\n  (3) In order to terminate participation in the contribution\nstabilization or alternative contribution stabilization program, such\nemployer must file an election on a form prescribed by the comptroller.\nSuch election is subject to review and approval by the comptroller.\n  (4) Termination shall take effect for the fiscal year billing cycle\nfollowing the fiscal year of approval. An employer who has been approved\nto terminate from the contribution stabilization or alternative\ncontribution stabilization program pursuant to this section shall not be\nrequired to make a graded payment starting in the following fiscal year\nbilling cycle.\n  (5) In the event an employer in the contribution stabilization program\nor alternative contribution stabilization program terminates\nparticipation pursuant to this section, any such balance in their\nemployer contribution reserve fund shall be applied to the employer's\nannual bill in the maximum amount permitted under paragraph two of\nsubdivision e of this section, for the following fiscal year and\ncontinue to be applied to future annual bills until the reserve fund is\ndepleted.\n
N.Y. PBH Law § 243 — New York Code / Act PBH / Article 2 / Title 3 / Section 243
State health areas; professional and other employees
Status: in_force

* § 243. State health areas; professional and other employees.\nWhenever he may deem it expedient so to do, the commissioner may employ\nsuch professional or other assistants or employees as he shall consider\nnecessary within the limits of his appropriation, and may assign them\nfrom time to time to regional and district health areas and in such\nmanner as in his judgment will best aid in the control of communicable\ndiseases and in the promotion of public health.\n  * NB There are 2 § 243's\n
N.Y. RPT Law § 556-B — New York Code / Act RPT / Article 5 / Title 3 / Section 556-B
Correction of certain errors, substantial in number and identical in nature
Status: in_force

§ 556-b. Correction of certain errors, substantial in number and\nidentical in nature.  1. If the same clerical error as defined in\nparagraph (b), paragraph (d) or paragraph (e) of subdivision two of\nsection five hundred fifty of this title, or the same unlawful entry as\ndefined in paragraph (b) of subdivision seven of section five hundred\nfifty of this title, occurs with respect to a substantial number of\nparcels in the preparation of a tax roll, such clerical error or\nunlawful entry shall be corrected as provided in this section.\n  2. One application, in triplicate, shall be filed with the county\ndirector of real property tax services, on behalf of all owners of\nproperty affected by the clerical error or the unlawful entry described\nin subdivision one of this section. Such application shall be on a form\nand contain such information as may be prescribed by the commissioner.\n  3. (a) The county director, within ten days of the receipt of an\napplication filed pursuant to this section, shall investigate the\ncircumstances of the claimed clerical error or unlawful entry and shall\nforthwith issue a written report, notifying the tax levying body of his\nfindings with respect thereto. If the tax levying body determines that\nthe claimed clerical error or unlawful entry has occurred, it shall\nimmediately issue an order setting forth the corrected taxes, directing\nthe officer having jurisdiction of the tax roll to correct such roll.\n  (b) An applicant and all owners of property affected by the clerical\nerror or unlawful entry, provided the application was filed with the\ncounty director within the period when taxes may be paid without\ninterest, may pay the corrected tax as determined by the tax levying\nbody without interest, if payment is made within eight days of the date\non which the corrected tax bill is mailed.\n  4. Upon issuance of the order prescribed by subdivision three of this\nsection, the tax levying body shall order the refund of any excess taxes\npaid or credit against an outstanding tax with respect to said error or\nunlawful entry. The amount of any taxes, including relieved school\ntaxes, so refunded or credited shall be a charge upon each municipal\ncorporation, special district or school district to the extent provided\nin section five hundred fifty-six of this title, and the procedure for\nmaking the refund or crediting the tax shall be as prescribed in such\nsection.\n  5. One copy of an approved application and the order with respect\nthereto shall be annexed to the tax roll and warrant, or filed therewith\nin accordance with section fifteen hundred eighty-four of this chapter,\nby the officer having jurisdiction of the roll and shall become a part\nthereof.\n  6. In the case of an application which has been rejected, the tax\nlevying body shall mail a copy thereof to the applicant.\n
N.Y. PBA Law § 553 — New York Code / Act PBA / Article 3 / Title 3 / Section 553
Powers of the authority
Status: in_force

§ 553. Powers of the authority. The authority shall have power\n  1. to sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  * 3. To acquire, hold and dispose of personal property for its\ncorporate purposes, including, the power to dispose of personal property\nwith a value of five hundred thousand dollars or less by public auction\nin accordance with guidelines adopted by the authority pursuant to title\nfive-A of article nine of this chapter. The board shall adopt guidelines\nthat shall provide for advertising and such other safeguards as the\nauthority may deem appropriate in the public interest.\n  * NB Effective until June 30, 2028\n  * 3. To acquire, hold and dispose of personal property for its\ncorporate purposes;\n  * NB Effective June 30, 2028\n  4. To acquire, in the name of the city, by purchase or condemnation\nreal property or rights or easements therein necessary or convenient for\nits corporate purposes, and, except as may otherwise be provided herein,\nto use the same so long as its corporate existence shall continue;\n  4-a. Whenever any real property is determined by the authority to be\nunnecessary for its corporate purpose.\n  (a) to surrender such real property to the board of estimate of the\ncity for other public use or purpose of such city, or\n  (b) to sell and convey or lease in behalf of such city any real\nproperty acquired by the city at the expense of the authority. The\nproceeds of any such sale or lease shall be paid to the authority and\napplied to its corporate purpose. Any such lease shall run for a term\nnot to exceed ten years, and a renewal thereof for a term not to exceed\nten years.\n  4-b. To apply for and receive and accept grants of property, money and\nservices and other assistance offered or made available to it by any\nperson, government or agency whatever, which it may use to meet capital\nor operating expenses and for any other use within the scope of its\npowers, and to negotiate for the same upon such terms and conditions as\nthe authority may determine to be necessary, convenient or desirable.\nSubject to the rights of the holders of any outstanding bonds, notes or\nother obligations of the authority, metropolitan transportation\nauthority, and New York city transit authority, and to facilitate the\nefficient financial management of the authority, metropolitan\ntransportation authority, its subsidiary corporations, and New York city\ntransit authority and its subsidiary corporations (the "affiliated\nentities"), the authority may, and may permit and direct any affiliated\nentity to, transfer revenues, subsidies and other monies or securities\nto one or more funds or accounts of another affiliated entity for use by\nsuch other affiliated entity, provided at the time of such transfer it\nis reasonably anticipated that the monies and securities so transferred\nwill be reimbursed, repaid or otherwise provided for by the end of the\nnext succeeding calendar year if reimbursement or repayment is required\nby law or by any agreement to which any of the affected affiliated\nentities is subject. Any revenues of an affiliated entity that are\ntransferred to another affiliated entity, which transfer was not\nauthorized by a provision of law other than this subdivision, shall be\nconsidered to be required to be repaid to the affiliated entity which\nwas the source of such revenues by the end of the next succeeding\ncalendar year following such transfer.\n  5. To make by-laws for the management and regulation of its affairs,\nand subject to agreements with bondholders, rules and regulations for\nthe regulation of the use of the project and the establishment and\ncollection of tolls thereon. Violations of such rules and regulations\nshall be a misdemeanor punishable by a fine of not exceeding fifty\ndollars or by imprisonment for not longer than thirty days, or both,\nexcept that violation of any rule or regulation governing or regulating\ntraffic on the projects of the authority shall be a traffic infraction\nas the same is defined in the vehicle and traffic law and shall be\npunishable as such;\n  6. With the consent of the city to use agents, employees and\nfacilities of the city, paying its proper proportion of the compensation\nor cost, and to use the corporation counsel as legal adviser;\n  7. To appoint officers, agents and employees and fix their\ncompensation; subject, however, to the provisions of the civil service\nlaw, as hereinafter provided;\n  7-a. Notwithstanding any inconsistent provision of law, the bridge and\ntunnel officers employed by the authority shall have the power to issue\nsimplified traffic informations for traffic infractions as defined in\nsection one hundred fifty-five of the vehicle and traffic law, committed\non the sites owned, operated and maintained by the triborough bridge and\ntunnel authority, such informations to be administered pursuant to the\nprovisions of title A of chapter forty of the administrative code of the\ncity of New York or article two-A of the vehicle and traffic law, as\napplicable and also shall have the power to issue notices of violation\nfor transit infractions committed in and about any or all of the\nfacilities, equipment or real property owned, occupied or operated by\nthe metropolitan transportation authority or its subsidiaries and the\nNew York city transit authority and its subsidiaries, as provided and in\naccordance with section twelve hundred nine-a of this chapter. Nothing\nset forth in this subdivision shall be construed to impede, infringe or\ndiminish the rights and benefits that accrue to employees and employers\nthrough collective bargaining agreements, or impact or change an\nemployee's membership in a bargaining unit.\n  8. To make contracts, and to execute all instruments necessary or\nconvenient;\n  9. To acquire, design, construct, maintain, operate, improve and\nreconstruct, so long as its corporate existence shall continue, the\nfollowing projects,\n  (a) a bridge heretofore constructed, known as Robert F. Kennedy\nbridge, over the East river from the borough of Queens to the boroughs\nof Manhattan and the Bronx, over and across Ward's island and Randall's\nisland in said river, together with such incidental bridges and\nstructures as shall be necessary or convenient in order to give access\nfrom the bridge to both of said islands, together with approaches to\nsaid bridges (herein collectively referred to as the "Robert F. Kennedy\nbridge project"); and\n  (b) a bridge heretofore constructed, known as Bronx-Whitestone bridge,\nover the East river from a point at or near Whitestone in the borough of\nQueens to the borough of the Bronx, together with approaches to such\nbridge (herein collectively referred to as the "Whitestone bridge\nproject"); and\n  (c) a bridge heretofore constructed, known as Henry Hudson bridge,\nacross the Harlem river ship canal together with approaches to such\nbridge and together with so much of the parkway known as Henry Hudson\nparkway as extends southerly from said bridge through Inwood Hill park\nto the northerly end of Riverside drive, (as it was before the\nconstruction of said parkway) (herein collectively referred to as the\n"Henry Hudson bridge project"); and\n  (d) a bridge heretofore constructed, known as Marine parkway bridge,\nto be known hereafter as the Marine parkway-Gil Hodges memorial bridge,\nfrom the borough of Brooklyn across the waters of Rockaway inlet to\nJacob Riis park in the borough of Queens, together with the approaches\nto such bridge and together with the parkway of which said bridge is a\npart, (and the parking field connected therewith), from and including\nthe toll plaza north of said bridge extending eastwardly from said\nbridge to the easterly boundary of Jacob Riis park (herein collectively\nreferred to as the "Marine parkway bridge project"); and\n  (e) a bridge heretofore constructed known as Cross Bay parkway bridge,\nto be known hereafter as the Cross Bay Veterans Memorial bridge, from\nBig Egg marsh in Jamaica bay in the borough of Queens across the waters\nof Beach channel to Rockaway peninsula in said borough, together with\nthe parkway known as Cross Bay parkway, of which said bridge is a part,\nfrom and including the toll plaza north of said bridge southerly to the\nright of way of the Long Island railroad on Rockaway peninsula (herein\ncollectively referred to as the "Cross Bay parkway bridge project"); and\n  (f) a vehicular tunnel or tunnels heretofore constructed, known as\nQueens Midtown tunnel, under the East river from the borough of\nManhattan to the borough of Queens, together with such incidental\nbridges and tunnels, including but not limited to, a tunnel or tunnels\nor bridge across Newtown creek from the borough of Queens to the borough\nof Brooklyn and such other structures, appurtenances, facilities and\napproaches as shall be necessary or convenient; and\n  (g) a vehicular tunnel or tunnels under construction, known as Hugh L.\nCarey tunnel, under the East river from the southerly end of the borough\nof Manhattan to the general vicinity of Hamilton avenue in the borough\nof Brooklyn, together with such incidental tunnels and such other\nstructures, appurtenances, facilities and approaches as shall be\nnecessary or convenient; and\n  (h) a vehicular tunnel or tunnels or bridge, herein called the\nBrooklyn Richmond project, under or across New York bay from the borough\nof Richmond to the borough of Brooklyn, together with such incidental\ntunnels, bridges and such other structures, appurtenances, facilities\nand approaches as shall be necessary or convenient; and\n  (i) a vehicular tunnel or tunnels or arterial highway across the\nborough of Manhattan connecting the Queens Midtown tunnel with the\nLincoln (Midtown Hudson) tunnel, together with such incidental tunnels\nand such other structures, appurtenances, facilities and approaches as\nshall be necessary or convenient; and\n  (j) Bus stations or terminals or automobile parking garages at or in\nthe vicinity of the Columbus circle in the borough of Manhattan and of\nthe Manhattan plazas of the Queens Midtown and Hugh L. Carey tunnels.\nAny such project may, subject to zoning restrictions, include space and\nfacilities for any or all of the following: public recreation, business,\ntrade and other exhibitions, sporting and athletic events, public\nmeetings, conventions and all kinds of assemblages, and in order to\nobtain additional revenues, space and facilities for business and\ncommercial purposes. Whenever the authority deems it to be in the public\ninterest, the authority may lease any such project or any part or parts\nthereof or contract for the management and operation thereof or of any\npart or parts thereof. Any such lease or contract may be for a period of\nnot exceeding ten years, or, if any of the revenues therefrom are or are\nto be pledged to secure bonds then such lease or contract may be for a\nperiod extending not later by more than one year than the last maturity\nof such bonds.\n  (k) Subject to and in accordance with all contract provisions with\nrespect to any bonds and the rights of the holders of bonds, a vehicular\nbridge across the East river between the boroughs of the Bronx and\nQueens, east of the Bronx-Whitestone bridge, together with such\nincidental bridges and other structures, appurtenances, facilities and\napproaches as shall be necessary or convenient (herein collectively\nreferred to as the "Throgs Neck bridge project"). With the consent of\nthe United States of America, the Throgs Neck bridge project or a\nportion thereof, if deemed necessary or convenient by the authority, may\nbe constructed upon or pass over any part of the military reservation\nknown as Fort Schuyler and owned by the United States of America. No\nlands, easements or rights in land shall be acquired by the authority\nfor the purposes of this paragraph without the prior consent of the\nboard of estimate of the city.\n  (l) Subject to section five hundred fifty-three-b of this title, a\nconvention and exhibition center, including facilities ancillary or\nfunctionally related thereto, to be built in New York county at a\nlocation generally bounded by thirty-ninth street on the north,\nthirtieth street on the south, eleventh avenue on the east and twelfth\navenue on the west (herein referred to as the convention center).\n  (m) Subject to section five hundred fifty-three-c of this title, the\nacquisition of new rapid transit cars and the transfer of the same to\nthe New York city transit authority for a nominal consideration. The\nauthority shall have no obligation to operate, repair, maintain or\nreconstruct such cars subsequent to their acquisition and transfer nor\nshall it be liable to the New York city transit authority by reason of\nany warranty, express or implied, in respect to such cars. Manufacturers\nor other warranties furnished to the authority in connection with the\npurchase of such cars shall be assigned to the New York city transit\nauthority for enforcement.\n  (n) Subject to section five hundred fifty-three-c of this title, the\nrehabilitation of existing rapid transit cars of the New York city\ntransit authority upon such terms and conditions as shall be agreed to\nby the parties. The authority shall have no obligation to operate,\nrepair, maintain or reconstruct such cars subsequent to the\nrehabilitation and transfer back to the New York city transit authority\nnor shall it be liable to the New York city transit authority by reason\nof any warranty, express or implied, in respect to such cars.\nManufacturers or other warranties furnished to the authority in\nconnection with the purchase of parts or materials for such cars shall\nbe assigned to the New York city transit authority for enforcement.\n  (o) Subject to section five hundred fifty-three-c of this title, the\nacquisition of new diesel self-propelled railroad passenger cars and the\ntransfer of the same to the metropolitan transportation authority, for a\nnominal consideration, for use on commuter railroads owned or controlled\nby the metropolitan transportation authority. The authority shall have\nno obligation to operate, repair, maintain or reconstruct such cars\nsubsequent to their acquisition and transfer, nor shall it be liable to\nthe metropolitan transportation authority by reason of any warranty,\nexpress or implied, in respect of such cars. Manufacturers or other\nwarranties furnished to the authority in connection with the purchase of\nsuch cars shall be assigned to the metropolitan transportation authority\nfor enforcement.\n  (p) Subject to section five hundred fifty-three-c of this title, the\nacquisition of land in the name of the authority in the vicinity of Penn\nStation in the city of New York and/or the improvement of such land for\nthe benefit of the Long Island Rail Road for a lay-up yard and other\nrailroad purposes and the transfer of the said land and any improvements\nthereon to the metropolitan transportation authority, parent corporation\nof the said railroad, for a nominal consideration. The authority shall\nhave no obligation to operate, repair, maintain or reconstruct such land\nor its improvements subsequent to such transfer.\n  (r) In its discretion and subject to and in accordance with all\ncontract provisions with respect to any bonds and the rights of the\nholders of bonds, at the request of the New York city transit authority\nor the metropolitan transportation authority, (i) the planning for and\nthe design, acquisition, construction, improvement, reconstruction or\nrehabilitation, in the name of the authority, of any capital asset,\nwhether in the nature of personal or real property (or any interest\ntherein) which is used or useful for a transit or transportation purpose\nother than a marine or aviation purpose of the requesting authority or\nits designated subsidiary (and in the case of such assets then owned,\noperated by or under lease to the requesting authority or its designated\nsubsidiary, the receipt by the authority of the use, occupancy, control\nor possession of such assets for the purpose of planning, designing,\nconstructing, improving, reconstructing or rehabilitating the same) and\nthe transfer or transfer back of such asset to the requesting authority,\nits designated subsidiary or other designee for a nominal consideration\nupon its acquisition or upon the completion of such improvement,\nconstruction, reconstruction or rehabilitation; or, alternatively or in\ncombination with the foregoing, (ii) the making of capital grants to the\nrequesting authority or its designated subsidiary to permit it to\nundertake and to finance such planning, design, acquisition,\nimprovement, construction, reconstruction or rehabilitation, or,\nalternatively or in combination with the foregoing, (iii) the financing\nof all or any part of the costs to the authority or to any other person\nor entity, public or private, of such planning, design, acquisition,\nconstruction, improvement, reconstruction or rehabilitation of any such\ncapital asset through or accompanied by a leasing of the asset by such\nperson or entity to the authority or through or accompanied by a sale by\nthe authority to any such person or entity and leaseback to the\nauthority, in each case for subleasing to the requesting authority, its\ndesignated subsidiary or other designee for a nominal rental, except\nthat such leasing or leaseback from such person or entity may be\ndirectly to the requesting authority or its designated subsidiary or\nother designee, for consideration, with the consent and at the expense\nof the authority. The foregoing authorization shall extend to and\ninclude the continuation of projects enumerated in paragraphs (m), (n),\n(o) and (p) of this subdivision without regard to any limitations set\nforth in section five hundred fifty-three-c of this title. The authority\nshall have no obligation to operate or, except as may otherwise be\nprovided in any lease to which it may be a party as aforesaid, repair or\nmaintain any capital asset after its acquisition, construction,\nimprovement, reconstruction or rehabilitation and subsequent transfer,\nlease or sublease, nor shall it be liable to the transferee, lessee or\nsublessee by reason of any warranty, express or implied, in respect\nthereof. Warranties furnished in connection with such acquisition,\nimprovement, construction, reconstruction or rehabilitation shall be\nassignable and assigned as directed by the requesting authority and\napproved by the authority.\n  (s) The central business district tolling program to the extent\nspecified in article forty-four-C of the vehicle and traffic law and in\nthis title.\n  The word "approaches" shall include all structures necessary or\nconvenient to give access to the project from connecting streets and\nroads;\n  10. In its discretion\n  (a) in the case of the Robert F. Kennedy bridge project and the\nWhitestone bridge project to pay to the city not exceeding thirty-five\nper centum of the cost (including awards for damages and expenses) of\nthe acquisition of land for the widening of existing roads, streets,\nparkways or avenues and for new roads, streets, parkways or avenues,\nconnecting with the approaches.\n  (b) to purchase from the persons, partnerships, associations or\ncorporations who were the owners of any land acquired for the widening\nof existing roads, streets, parkways or avenues or for new roads,\nstreets, parkways or avenues connecting with the approaches or of any\ninterest in such land at the date title to such land was vested in the\ncity in any proceeding heretofore or hereafter instituted for the\nacquisition thereof by condemnation, or from their successors in\ninterest or legal representatives, their right, title, interest and/or\nclaim in and to the award or awards or any part thereof to be made in\nsuch proceeding after the date of such purchase, and to take an\nassignment thereof to the authority, provided, however, that in the case\nof the Robert F. Kennedy bridge project and the Whitestone bridge\nproject the aggregate amount expended by the authority on account of all\nsuch purchases together with the aggregate amount paid to the city in\naccordance with paragraph (a) of this subdivision, shall not exceed\nthirty-five per centum of the cost (including awards for damages and\nexpenses) of the acquisition of land for the widening of existing roads,\nstreets, parkways or avenues, and for new roads, streets, parkways or\navenues, connecting with the approaches,\n  (c) to construct, in whole or in part, an elevated parkway in the\nborough of Brooklyn from the southerly terminus of the Gowanus creek\nbridge project to a point at or near Owls Head park connecting with the\nGowanus creek bridge project, and\n  (d) with the consent of the city to construct and develop for the\npurpose of public parks so much of the area of lands, selected as in\nthis title provided, or otherwise acquired or to be acquired and used in\nconnection with the project and with new or existing roads, streets,\nparkways or avenues connecting with such projects, and so much of the\narea of lands now owned by the city to be used in connection with such\nprojects or with new or existing roads, streets, parkways or avenues\nconnecting with such projects, as shall be agreed upon under a contract\nor contracts hereby authorized to be entered into between the authority\nand the city, at the sole expense of the authority and done under\nconstruction contracts let and supervised by the authority, pursuant to\nplans and specifications prepared by the authority, the commissioner of\nparks and recreation of the city or other agency.\n  The city shall maintain such connecting roads, streets, parkways and\navenues as provided by law. The public parks and the parkways herein\nreferred to as connecting with the approaches, any part of the cost of\nwhich is paid by the authority, shall be under the jurisdiction of the\ndepartment of parks and recreation of the city and shall be maintained\nby that department. Service roads appurtenant to said parkways shall be\nunder the jurisdiction of the city commissioner of transportation and\nshall be maintained by him;\n  11. To design and with the consent of the city, to construct new\nparks, parkways or highways or improvements to existing parks, parkways\nor highways either connecting directly or indirectly with the project or\nfor the purpose of attracting or facilitating traffic or improving\napproaches to and connections with the project. The authority shall have\nno jurisdiction or control over any new parks, parkways or highways\nconstructed by it pursuant to the provisions of this paragraph eleven\nafter the completion of the construction thereof. The general powers\nconferred in this subdivision eleven shall include the power heretofore\nconferred on the parkway authority to construct a northerly extension of\nCross Bay parkway in the borough of Queens, as authorized in sections\ntwo hundred seventy-eight, two hundred eighty-two-a and two hundred\neighty-two-b of this chapter, and such general powers shall not be\nconstrued to be limited by the provisions of this act granting the power\nto construct any particular improvement, but shall be construed as an\nextension of the powers of the authority.\n  12. To charge tolls, fees or rentals for the use of the project,\nsubject to and in accordance with such agreement with bondholders as may\nbe made as hereinafter provided. The toll rates charged for the use of\neither the Triborough or Whitestone bridge project shall, however, never\nbe less than the toll rates charged for the use of the other, and this\nclause shall be deemed an obligation to the holders of any and all bonds\nat any time issued secured by the revenues of said projects. Subject to\ncontracts with bondholders, all tolls and other revenues derived from\nany project shall be applied to the payment of operating, administration\nand other necessary expenses of the authority properly chargeable to\nsuch project and thereafter to the payment of interest or principal of\nbonds or for making sinking fund payments for bonds, not otherwise\nadequately provided for, whether issued in connection with such project\nor any other project. It is the intention hereof that surplus funds from\nany project remaining after providing for the payment of all operating,\nadministration and other necessary expenses of the authority and all\ncontract provisions with respect to any bonds, may be used to meet\nobligations incurred for other projects and if not so used or reserved\nfor such use shall, at the discretion of metropolitan transportation\nauthority, be transferred to metropolitan transportation authority or\nNew York city transit authority pursuant to section five hundred\nsixty-nine-c of this title. Subject to contracts with bondholders, the\nauthority may treat one or more projects as a single enterprise in\nrespect of revenues, expenses, the issuance of bonds, maintenance,\noperation or other purposes;\n  12-a. To establish and charge variable tolls, fees and other charges\nfor vehicles entering or remaining within the central business district\nand to make rules and regulations for the collection of such tolls, fees\nand other charges, subject to and in accordance with such agreement with\nbondholders and applicable federal law as may be made as hereinafter\nprovided. Subject to agreements with bondholders and applicable federal\nlaw, all tolls, fees and other revenues derived from the central\nbusiness district tolling program shall be applied to the payment of\noperating, administration, and other necessary expenses of the authority\nproperly allocable to such program, including the capital costs of such\nprogram, and to the payment of interest or principal of bonds, notes or\nother obligations of the authority or the metropolitan transportation\nauthority issued for transit and commuter projects as provided in\nsection five hundred fifty-three-j of this title, and shall not be\nsubject to distribution under section five hundred sixty-nine-c of this\ntitle or section twelve hundred nineteen-a of this chapter. The\nprovisions of section twenty-eight hundred four of this chapter shall\nnot be applicable to the tolls and fees established by the authority\npursuant to this subdivision. Any such fares, tolls, and other charges\nshall be established and changed only if approved by resolution of the\nauthority adopted by not less than a majority vote of the whole number\nof members of the authority then in office, with the chairman having one\nadditional vote in the event of a tie vote, and only after a public\nhearing.\n  13. To construct and maintain over, under, along or across the project\ntelephone, telegraph, or electric wires and cables, gas mains, water\nmains and other mechanical equipment not inconsistent with the\nappropriate use of the project, to contract for such construction and to\nlease the right to construct and/or use the same on such terms and for\nsuch considerations as it shall determine, provided, however, that no\nlease shall be made except with the approval of the board of estimate of\nthe city, or for a period of more than twenty years from the date when\nit is made;\n  14. To construct and maintain facilities for the public, not\ninconsistent with the use of the project, to contract for such\nconstruction, and to lease the right to construct and/or use such\nfacilities on such terms and for such considerations as it shall\ndetermine, provided, however, that no lease shall be made for a period\nof more than five years from the date when it is made except with the\napproval of the board of estimate of the city;\n  15. To issue negotiable bonds and to provide for the rights of the\nholders thereof;\n  16. To enter on any lands, waters, and premises for the purpose of\nmaking surveys, soundings and examinations;\n  16-a. With the consent of the city and notwithstanding any other\nprovision of law, whenever real property having dwellings or other\nstructures thereon has been acquired by the authority or the city for\nthe purpose of constructing any project authorized by this title, (a) to\nacquire real property by purchase, gift, devise or condemnation in the\nmanner provided in this title, and as the agent of the city, for the\npurpose of providing new sites on which such dwellings or other\nstructures may be relocated; (b) to sell such dwellings or other\nstructures or to provide for the removal, relocation and improvement of\nsuch dwellings or other structures on new foundations at such new sites\nby contract or by its own labor force or by a combination of methods;\n(c) to contract for the installation of water, sewer, gas and electrical\nfacilities and other necessary appurtenances required for the completion\nand restoration of such dwellings or other structures; (d) to landscape\nsuch new sites; (e) to contract with any person, firm or corporation or\nwith the city for the improvement or installation of streets, sewers,\nwater lines or other facilities in connection with the relocation of\nsuch dwellings or other structures and to pay the cost thereof; (f) to\ncontract with the several owners of such property for the conveyance of\nthe new sites with improvements thereon to such owner in settlement in\npart or in whole of the compensation and damage to which they are\nentitled; and (g) to sell such sites with or without dwellings or other\nstructures and improvements thereon.\n  The authority may agree with the owners of property acquired, in\nsettlement in part or in whole of the damages to which they are\nentitled, to compensate such owners for the cost of acquiring new sites,\nremoving dwellings thereto on new foundations, the installation of\nwater, sewer, gas and electrical facilities and other necessary\nappurtenances required for the complete restoration of such dwellings or\nother structures and landscaping of the new site.\n  For the purposes of this subdivision, the term "structures" shall mean\nand include buildings used as and for hospitals, schools, community and\nreligious institutions, cultural and recreational and other neighborhood\nand community facilities, but shall exclude retail stores, factories and\ncommercial and industrial establishments of any kind.\n  17. To do all things necessary or convenient to carry out the powers\nexpressly given in this title and to assist and cooperate with the\nmetropolitan transportation authority to carry out the powers of the\nmetropolitan transportation authority in furtherance of the purposes and\npowers of the authority as provided in this article, including, without\nlimitation, the transactions described in sections twelve hundred\nsixty-six-c, twelve hundred sixty-nine, and twelve hundred seventy-d of\nthis chapter.\n  18. A copy of any report submitted by the authority pursuant to\nsections twenty-eight hundred, twenty-eight hundred one and twenty-eight\nhundred two of this chapter shall be submitted contemporaneously to the\nmayor of the city.\n  19. To acquire in its own name certain real or personal property, or\nany interest therein, including leasehold interests, air and subsurface\nrights, easements and lands under water at a site located in New York\ncounty and generally bounded by thirty-third street on the north,\nthirtieth street on the south, tenth avenue on the east and eleventh\navenue on the west, such property or any interest therein to be acquired\nfor railroad or other corporate purposes, and in the event such real or\npersonal property or any interest therein is determined by the authority\nto be unnecessary for railroad or other corporate purposes, to sell,\nconvey or lease in its own name such real or personal property or any\ninterest therein.\n  20. Prior to the adoption after January first, nineteen hundred\neighty-seven by the authority of a general resolution pursuant to which\nit is authorized to issue any general or special obligation bonds or\nnotes to finance a project pursuant to the authorization contained in\nparagraph (r) of subdivision nine of this section, not including any\nseries resolution or resolutions, and prior to the adoption of any\namendment to a general resolution, whenever adopted, pursuant to which\nit is authorized to issue any general or special obligation bonds or\nnotes for such purpose, not including a series resolution or\nresolutions, the authority shall submit a copy of such proposed\nresolution to the metropolitan transportation authority capital program\nreview board (hereinafter referred to as the "board"). Within fifteen\ndays of such submission, the board may notify the authority of its\nunanimous approval of the same by the members entitled to vote thereon,\nor if the resolution is not approved and no individual member of the\nboard who is entitled to vote on such resolution has notified the\nauthority in writing of his disapproval, the resolution shall be deemed\nto have been approved. Neither the board nor any member thereof shall\ndisapprove a proposed resolution by reason of any covenant requiring the\nauthority to charge and fix tolls, rentals and other charges sufficient\nto pay its operating expenses and the debt service, including the\nfunding of requisite reserves, on the bonds and notes authorized by such\nresolution. If the board or any member thereof entitled to vote thereon\nshall disapprove a proposed resolution, the authority may, at any time,\nresubmit a reformulated resolution. Within ten days of the submission of\nsuch reformulated resolution the board may notify the authority of its\nunanimous approval of the same by the members entitled to vote thereon,\nor, if the reformulated resolution is not approved and no individual\nmember of the board who is entitled to vote thereon has notified the\nauthority in writing of his disapproval within such period, the\nreformulated resolution shall have been deemed to have been approved.\nAny individual member of the board who votes against a resolution or a\nreformulated resolution or who notifies the authority of his disapproval\nshall state his reasons therefor. The member appointed on the\nrecommendation of the mayor of the city of New York shall participate in\nthe action of the board with respect to any resolution of the authority\nsubmitted pursuant to this subdivision. The authority shall not adopt a\nresolution or any amendment to a resolution disapproved by the board as\nherein provided.\n  21. To invest any funds, accounts or other monies not required for\nimmediate use or disbursement, at the discretion of the authority, in\nany of the investments in which the metropolitan transportation\nauthority is permitted to invest its monies pursuant to subdivision four\nof section twelve hundred sixty-five of this chapter.\n  * 22. Section twenty-eight hundred seventy-nine of this chapter shall\napply to the authority's acquisition of goods or services of any kind,\nin the actual or estimated amount of fifteen thousand dollars or more,\nprovided that (i) a contract for services in the actual or estimated\namount of less than one hundred thousand dollars shall not require\napproval by the board of the authority regardless of the length of the\nperiod over which the services are rendered, and provided further that a\ncontract for services in the actual or estimated amount of one hundred\nthousand dollars or more shall require approval by the board of the\nauthority regardless of the length of the period over which the services\nare rendered unless such a contract is awarded to the lowest responsible\nbidder after obtaining sealed bids and (ii) the board of the authority\nmay by resolution adopt guidelines that authorize the award of contracts\nto small business concerns, to service disabled veteran owned businesses\ncertified pursuant to article seventeen-b of the executive law, or\nminority or women-owned business enterprises certified pursuant to\narticle fifteen-a of the executive law, or purchases of goods or\ntechnology that are recycled or remanufactured, in an amount not to\nexceed four hundred thousand dollars without a formal competitive\nprocess and without further board approval. The board of the authority\nshall adopt guidelines which shall be made publicly available for the\nawarding of such contract without a formal competitive process.\n  * NB Repealed June 30, 2028\n
N.Y. VAT Law § 317 — New York Code / Act VAT / Title 3 / Article 6 / Section 317
Expenses of administering article
Status: in_force

§ 317. Expenses of administering article. 1. The total amount of\nexpenses incurred in connection with the administration of this article\nshall be paid by all insurance carriers which issue policies or\ncontracts of automobile bodily injury insurance risks subject to this\narticle resident or located in this state in accordance with the\nprovisions of this section.\n  2. Estimate of expenses. (a) The commissioner annually, as soon as\npracticable, shall estimate the total amount of expenses which shall be\nincurred during the succeeding fiscal year in connection with the\nadministration of this article. Such expenses, in addition to the direct\ncosts of personal service, shall include the cost of maintenance and\noperation, the cost of retirement contributions made and workers'\ncompensation premiums paid by the state for or on account of personnel,\nrentals for space occupied in state-owned or state-leased buildings, the\namounts paid to a city, county, town, village or the division of state\npolice for the enforcement of orders issued pursuant to this article and\nall other direct or indirect costs.\n  (b) The commissioner shall on or before February first assess the\ntotal amount of such expenses, as so estimated, pro rata upon all\ninsurance carriers subject to the provisions of this section in\nproportion to the premiums reported by such carriers to the department\nof financial services for policies or contracts of automobile bodily\ninjury insurance on risks subject to this article resident or located in\nthis state for the year prior to the previous calendar year.\n  (c) For fiscal years beginning on and after April first, nineteen\nhundred eighty-three, each such insurance carrier shall make partial\npayments of the assessment levied against it as follows, one-quarter of\nthe total on March tenth of the preceding fiscal year and one-quarter on\nJune tenth, one-quarter on September tenth, and the balance on December\ntenth of the fiscal year, or on such other dates as the budget director\nmay prescribe. Provided, however, that the payment due March tenth,\nnineteen hundred eighty-three for the fiscal year beginning April first,\nnineteen hundred eighty-three shall not be required to be paid until\nJune tenth, nineteen hundred eighty-three. If the total amount due from\nany such carrier is less than one hundred dollars, no partial payment\nshall be made and the total amount due shall be paid on or before\nSeptember thirtieth of the fiscal year.\n  3. Final assessment. (a) The commissioner and the department of audit\nand control annually, as soon as practicable after April first, shall\nascertain the total amount of expenses incurred during the preceding\nfiscal year in connection with the administration of this article. An\nitemized statement of the expenses so ascertained shall be open to\npublic inspection in the office of the commissioner for thirty days\nafter notice to those liable to be assessed for such expenses.\n  (b) As soon as practicable after January first, each insurance carrier\nsubject to the provisions of this section shall file with the\ncommissioner a report of the total amount of gross direct premiums, less\nreturn premiums thereon received during the preceding calendar year for\npolicies or contracts of automobile bodily injury insurance on risks\nsubject to this article resident or located in this state.\n  (c) The commissioner shall then determine the amount of expenses due\nfrom each insurance carrier subject to the provisions of this section\nbased upon the final determination of total expenses and the final\namount of premiums filed by the insurance carriers and shall notify each\nsuch insurance carrier of such assessment. Within thirty days of receipt\nof such notification each such carrier shall pay the total amount of\nsuch assessment less the total amount paid as a result of the estimated\nassessments. If the total amount of the final assessment is less than\nthe amount already paid, such excess payment shall be refunded to such\ninsurance carrier or at the option of the assessed applied to\nassessments for the succeeding fiscal year as requested by such\ninsurance carriers.\n  * (d) To fully fund such pilot database system and bar code program\nestablished pursuant to subdivision four of section three hundred\nthirteen of this article, the commissioner shall utilize the following\nthree sources of revenue: (1) twenty-five percent of all civil penalties\nimposed upon persons fined pursuant to paragraph (b) of subdivision\none-a of section three hundred eighteen of this article, (2) monies\nobtained from grants that may be awarded to the commissioner from the\nmotor vehicle theft and insurance fraud prevention fund, and (3) pro\nrata assessments upon all insurance carriers subject to the provisions\nof this section in proportion to the premium estimates filed by such\ncarriers.\n  * NB Effective until December 31, 2028\n  * (d) To fully fund such system for the online verification of motor\nvehicle liability insurance and bar code program established pursuant to\nsubdivision four of section three hundred thirteen of this article, the\ncommissioner shall utilize the following three sources of revenue: (1)\ntwenty-five percent of all civil penalties imposed upon persons fined\npursuant to paragraph (b) of subdivision one-a of section three hundred\neighteen of this article, (2) monies obtained from grants that may be\nawarded to the commissioner from the motor vehicle theft and insurance\nfraud prevention fund, and (3) pro rata assessments upon all insurance\ncarriers subject to the provisions of this section in proportion to the\npremium estimates filed by such carriers.\n  * NB Effective December 31, 2028\n  4. The commissioner shall levy and collect such assessments and pay\nthe same into the state treasury, subject to the provisions of section\none hundred twenty-one of the state finance law.\n