2023 New York Laws › VAT - Vehicle and Traffic › Title 3 - Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions › Article 10 - Dimensions and Weights of Vehicles › 385 - Dimensions and Weights of Vehicles.

§  385. Dimensions and weights of vehicles. No person shall operate or
move, or cause or knowingly permit  to  be  operated  or  moved  on  any
highway  or  bridge  thereon, in any county not wholly included within a
city, any vehicle or  combination  of  vehicles  of  a  size  or  weight
exceeding  the  limitations  provided  for  in  this  section. Except as
otherwise specifically provided in subdivision fifteen of this  section,
no  person  shall  operate  or  move, or cause or knowingly permit to be
operated or moved on any highway or bridge  thereon,  in  any  city  not
wholly  included  within  one  county,  any  vehicle  or  combination of
vehicles of a size or weight exceeding the limitations provided  for  in
the  rules  and  regulations of the city department of transportation of
such city adopted pursuant to section sixteen hundred forty-two of  this
chapter.
1.  (a)  (i)  The  width of a vehicle, inclusive of load, shall be not
more than ninety-six inches plus safety devices, except that the maximum
width of a vehicle, inclusive of load, shall be one hundred two  inches,
plus  safety  devices,  on any qualifying or access highway. Except in a
city not wholly included within one  county,  the  maximum  width  of  a
vehicle, inclusive of load shall not be more than one hundred two inches
plus  safety devices on any other highway with traffic lanes designed to
be a width of ten feet or more.
(ii) If the legislative body of a county not wholly contained within a
city determines that any specific segment of the state highway system is
not capable of safely accommodating motor vehicles with a width  of  one
hundred  two  inches,  plus  safety  devices,  such  body may notify the
commissioner of transportation of such determination  and  request  that
the  commissioner designate such segment as one where the width of motor
vehicles may not exceed ninety-six inches, plus safety devices.
Before making such notification, such county  legislative  body  shall
consult  with  units  of local government within the county in which the
specific segment of such system  is  located,  as  well  as  the  county
legislative  body  of  any county adjacent to the requesting county that
might  be  directly  affected  by  such  exemption.  As  part  of   such
consultations, consideration shall be given to any potential alternative
route that:
(A)  can safely accommodate motor vehicles having the widths set forth
in this paragraph; and
(B) serves the area in which such segment is located.
The county legislative body  shall  transmit  with  such  notification
specific  evidence  of  safety problems that supports such determination
and the results of consultations regarding any alternative route.
If the commissioner of transportation determines, upon  request  by  a
county  legislative  body  or on the commissioner's own initiative, that
any segment of the  state  highway  system  is  not  capable  of  safely
accommodating  motor  vehicles  having  the  widths  set  forth  in this
paragraph,  the  commissioner  shall  exempt  such  segment   from   the
provisions of this paragraph.
(b)  The  provisions  of  paragraph  (a) of this subdivision shall not
apply to vehicles and  implements  or  combinations  thereof,  not  over
twelve  feet in width and used solely for farm purposes, except upon any
highway at any time on which operation is prohibited  by  order  of  the
department of transportation.
(c)  The  provisions  of  paragraph  (a) of this subdivision shall not
apply to vehicles and implements or combinations thereof, between twelve
and up to seventeen feet in width, used solely for  farm  purposes  when
the following requirements are met:
(i)  the  vehicle  and  implement  or  combination thereof is operated
during the period from one-half hour before  sunrise  to  one-half  hour
after sunset;
(ii)  red or orange fluorescent flags not smaller than eighteen inches
square, and reflectors are placed on the extreme corners of the load;
(iii)  two  flashing  amber  lights  in  compliance  with  regulations
prescribed  by  the  commissioner  of transportation are attached to the
rear of the load or, if the vehicle hauling such implement  is  equipped
with  hazard  lights  which  are visible from the rear of the load, such
lights are flashing; and
(iv) if the vehicle or load  extends  beyond  the  center  line  of  a
highway or if the vehicle is being operated during any time when, due to
rain,  sleet,  snow,  hail,  fog,  insufficient  light, or for any other
reason, visibility for a distance of one  thousand  feet  ahead  is  not
clear,  the  vehicle  is preceded by an escort vehicle which is equipped
with a warning sign and flashing lights in compliance  with  regulations
prescribed by the commissioner of transportation.
(d)  The  provisions  of  paragraph  (a) of this subdivision shall not
apply to vehicles and  implements  or  combinations  thereof,  not  over
thirteen feet in width and designed and intended for use solely for farm
purposes  when owned or in the possession of a dealer in farm implements
and equipment, during the same period and under the same conditions  and
restrictions  as  set  forth  in  paragraph (b) of this subdivision; nor
shall paragraph (a) of this subdivision apply to the  transportation  of
such  vehicles, implements and combinations thereof as a load on another
vehicle, such vehicle and load not to exceed  thirteen  feet  in  width,
during the same period and under the same conditions and restrictions as
set forth in paragraph (b) of this subdivision.
(e)  The  provisions  of  paragraph  (a) of this subdivision shall not
apply to omnibuses or  buses  used  solely  for  the  transportation  of
children  to  and from school, but the width of such omnibuses shall not
exceed ninety-eight inches.
(f)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
subdivision,  the maximum width for omnibuses or buses having a carrying
capacity of more than seven passengers shall not exceed one hundred  two
inches,  provided,  however,  that  when omnibuses or buses are operated
wholly within a city, such city may,  by  local  law  or  ordinance  but
subject  to  paragraph  (h)  of  this  subdivision,  limit  the width of
omnibuses or buses to not more than ninety-eight inches.
(g)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
subdivision,  racks for carrying hay, straw or unthreshed grain may have
a width of ten feet at the top of the rack. In no case shall  the  width
at  the  base  of  the rack exceed one hundred two inches, nor shall the
width of a rack exceed one hundred two inches  at  any  portion  thereof
while on any qualifying highway.
(h)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
subdivision, a house coach used for non-commercial purposes  may  exceed
the  maximum width applicable on the highway upon which such house coach
is traveling if such excess width is wholly attributable  to  an  awning
and  its  support  hardware that is no less than seven and one-half feet
off the ground and extends no more than six inches beyond  the  body  of
the vehicle on the passenger side and four inches beyond the body of the
vehicle  on the driver's side. A fifth wheel trailer designed to provide
temporary living quarters for recreational, camping, or travel  use  not
to  exceed  four  hundred  square  feet  in the set-up mode and used for
non-commercial purposes may exceed the maximum width applicable  on  the
highway  upon which such fifth wheel trailer is traveling if such excess
width is wholly attributable to an awning and its support hardware  that

is  no  less  than seven and one-half feet off the ground and extends no
more than six inches beyond the body of the  vehicle  on  the  passenger
side.  This  provision  shall  not apply to any city not wholly included
within  one  county  except  such house coaches and fifth wheel trailers
used for non-commercial purposes may be  operated  on  that  portion  of
interstate   ninety-five   which   connects   interstate   two   hundred
eighty-seven with interstate two hundred ninety-five,  that  portion  of
interstate two hundred ninety-five which connects interstate ninety-five
with  interstate four hundred ninety-five and that portion of interstate
four  hundred  ninety-five  between  interstate  ninety-five   and   the
Nassau-Queens county line.
(i)  The  commissioner of transportation may promulgate such rules and
regulations as  shall  be  necessary  or  desirable  to  effectuate  the
provisions of this subdivision.
2.  The height of a vehicle from under side of tire to top of vehicle,
inclusive of load, shall be not more than thirteen  and  one-half  feet.
Any damage to highways, bridges or highway structures resulting from the
use  of  a  vehicle  exceeding thirteen feet in height where such excess
height is the proximate cause of the accident shall be  compensated  for
by the owner and operator of such vehicle.
3.  (a) The length of a single vehicle, inclusive of load and bumpers,
shall be not more than forty feet  unless  otherwise  provided  in  this
subdivision.
(b)   The  length  of  a  semitrailer  or  trailer  shall  not  exceed
forty-eight feet provided, however, that the length of  any  trailer  or
semitrailer  being  operated  in  combination  with  another  trailer or
semitrailer shall not exceed twenty-eight and one-half feet.  A  B-train
assembly  shall  be  excluded  from  the  measurement of the length of a
semitrailer when such semitrailer is in use between the tractor and  the
second  semitrailer  in a tractor-semitrailer-semitrailer combination of
vehicles.
(c) The length of buses having a carrying capacity of more than  seven
passengers  shall  not exceed forty-five feet, except that the length of
articulated buses shall not exceed sixty-two feet.  A house coach  shall
not  exceed forty-five feet in length, provided however, that if a house
coach exceeds forty feet in length, its  wall-to-wall  turning  diameter
shall not exceed ninety feet three inches and moreover, such house coach
shall  have  permanently affixed to its body on the front passenger side
door jamb, a data-plate on which the house coach manufacturer  indicates
the  vehicle identification number and wall-to-wall turning diameter and
attests to the fact that the wall-to-wall turning diameter is calculated
in accordance with the Society of Automotive Engineers J-695 Standard as
such standard existed on  June  first,  two  thousand  three,  regarding
turning  capability.  In  the  event  such  a house coach exceeds either
twenty-six thousand pounds gross vehicle weight rating, is greater  than
forty  feet  in length or exceeds both, the operator of such house coach
must have a driver's license with a personal use vehicle endorsement  as
set  forth  in subparagraph (vii) of paragraph (b) of subdivision two of
section five hundred one of the this chapter. This provision  shall  not
apply  to  any  city  not  wholly included within one county except such
house coaches and fifth wheel trailers used for non-commercial  purposes
may be operated on that portion of interstate ninety-five which connects
interstate   two   hundred  eighty-seven  with  interstate  two  hundred
ninety-five, that portion of interstate two  hundred  ninety-five  which
connects interstate ninety-five with interstate four hundred ninety-five
and   that  portion  of  interstate  four  hundred  ninety-five  between
interstate ninety-five and the Nassau-Queens county line.
(d) The provisions  of  this  subdivision  shall  not  apply  to  fire
vehicles.
(e)  Except  in  any  city  not wholly included within one county, any
semitrailer with a  length  in  excess  of  forty-eight  feet,  but  not
exceeding fifty-three feet, may be operated on any qualifying highway or
specifically  designated  access  highway  if  the  distance between the
kingpin of the semitrailer and the centerline of the rear axle does  not
exceed  forty-three  feet  and  if  the  semitrailer  is equipped with a
rear-end protective device of substantial construction consisting  of  a
continuous  lateral  beam extending to within four inches of the lateral
extremities of the semitrailer and  located  not  more  than  twenty-two
inches  from  the  surface  as  measured with the vehicle empty and on a
level surface. In addition,  such  vehicles  may  be  operated  on  that
portion  of interstate ninety-five which connects interstate two hundred
eighty-seven with interstate two hundred ninety-five,  that  portion  of
interstate two hundred ninety-five which connects interstate ninety-five
with  interstate four hundred ninety-five and that portion of interstate
four  hundred  ninety-five  between  interstate  ninety-five   and   the
Nassau-Queens county line.
(f)  The  length  of  any  center panel of an altered livery shall not
exceed  one  hundred  inches  unless  the  owner  of  such  vehicle  can
demonstrate that the livery conforms to all applicable federal and state
motor vehicle safety standards at the time of registration in accordance
with section four hundred one of this chapter.
(g)  The  length of a specialized material delivery vehicle, inclusive
of load and bumpers,  shall  not  be  more  than  forty  feet  provided,
however,  that  the portion of an attached boom or forklift that extends
beyond the rear bumper by not more than five feet shall be excluded from
the measurement  of  the  length  of  a  specialized  material  delivery
vehicle.  For  the  purposes  of  this  paragraph, "specialized material
delivery vehicle" shall mean a single unit truck having an attached boom
or forklift for the purpose of hoisting, swinging, loading or  unloading
material  from  such truck. The provisions of this paragraph authorizing
the exclusion from the  measurement  of  the  length  of  a  specialized
material  delivery  vehicle  shall not apply unless the operator of such
vehicle  holds  a  valid  commercial  driver's  license  as  defined  by
subdivision one of section five hundred one-a of this chapter.
* NB There are 2 par (g)'s
* (g)  The length of a tow truck or car carrier, inclusive of load and
bumpers, shall be not more than forty feet, except that  a  car  carrier
may  have  an  overhang  that extends beyond the rear bumper of such car
carrier by not more than three feet and except, further,  that  a  wheel
lift  that  is less than fifteen feet in length shall not be included as
part of the length of a tow truck or car carrier when such wheel lift is
in use by such tow truck or car carrier to tow another motor vehicle.
* NB There are 2 par (g)'s
(h) The commissioner  of  motor  vehicles  in  consultation  with  the
commissioner of transportation may promulgate such rules and regulations
as  shall be necessary or desirable to effectuate the provisions of this
subdivision.
4. (a) The total length of a combination  of  vehicles,  inclusive  of
load and bumpers, shall not be more than sixty-five feet.
(b)  The  provisions  of  paragraph  (a) of this subdivision shall not
apply to:
1. A combination of vehicles being operated on any qualifying  highway
or access highway;
2.  Vehicles  of a corporation which is subject to the jurisdiction of
the interstate commerce commission, the  public  service  commission  or

other   regulatory   body  and  which  are  used  in  the  construction,
reconstruction, repair or maintenance of  its  property  or  facilities,
provided  that any such vehicle complies with the safety requirements of
the  laws  and  regulations  of  the  United  States  and  of this state
pertaining to overlength vehicles;
3. Vehicles hauling poles, girders, columns, or other similar  objects
of  great length provided that any such vehicle complies with the safety
requirements of the laws and regulations of the  United  States  and  of
this state pertaining to such overlength vehicles;
4. Fire vehicles;
5.  A  vehicle or combination of vehicles which is disabled and unable
to proceed under its own power and is being towed for a distance not  in
excess  of  ten  miles  for  the  purpose of repairs or removal from the
highway,  except  that  the  distance  to  the   nearest   exit   of   a
controlled-access  highway  shall  not be considered in determining such
ten mile distance;
6. Stinger-steered automobile  transporters  or  stinger-steered  boat
transporters,   while  operating  on  qualifying  and  access  highways.
Stinger-steered   boat   transporters   shall   not,   however,   exceed
seventy-five  feet  exclusive of an overhang of not more than three feet
on  the  front  and  four  feet  on  the  rear  of   the   vehicle   and
stinger-steered  automobile  transporters  shall  not exceed eighty feet
exclusive of an overhang of not more than four feet on the front and six
feet on the rear of the vehicle; and
7. A combination of vehicles operating on  any  qualifying  or  access
highways  consisting  of  a  power unit and two trailers or semitrailers
with a total weight that shall not  exceed  twenty-six  thousand  pounds
when  the  overall  length is greater than sixty-five feet but shall not
exceed eighty-two feet in which the trailers or  semitrailers  carry  no
property   and   constitute   inventory   property  of  a  manufacturer,
distributor, or dealer of such trailers or semitrailers.
(c)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
subdivision,  an  overhang  of not more than three feet on the front and
four feet on the rear of an automobile transporter or an overhang of not
more than four feet on  the  front  and  six  feet  on  the  rear  of  a
stinger-steered  automobile  transporter or an overhang of not more than
three feet on the front and four feet on the rear of a boat  transporter
or stinger-steered boat transporter shall be permitted.
5.  In  determining  the  number of wheels and axles on any vehicle or
combination of vehicles within the meaning of  this  section,  only  two
wheels  shall  be  counted  for each axle, and axles which are less than
forty-six inches apart, from center to center, shall be counted  as  one
axle. However, in the case of multiple tires or multiple wheels, the sum
of the widths of all the tires on a wheel or combination of wheels shall
be taken in determining tire width.
6.  The  weight  per  inch  width of tire on any one wheel of a single
vehicle or a combination of vehicles equipped with pneumatic tires, when
loaded, shall be not more than eight hundred pounds.
7. The weight on any one wheel of a single vehicle or a combination of
vehicles, equipped with pneumatic tires, when loaded, shall be not  more
than eleven thousand two hundred pounds.
8.  The weight on any one axle of a single vehicle or a combination of
vehicles, equipped with pneumatic tires, when loaded, shall be not  more
than twenty-two thousand four hundred pounds.
9.  The  weight  on any two consecutive axles of a single vehicle or a
combination of vehicles, equipped with pneumatic tires, when loaded, and
when such axles are spaced less than eight feet from center  to  center,
shall  be  not  more than thirty-six thousand pounds, except where axles

are spaced eight feet or greater, but less than ten feet, the weight  on
those  two  axles  shall  not  exceed that permitted by paragraph (b) of
subdivision ten of this section and, in addition, shall not exceed forty
thousand  pounds. Axles to be counted as provided in subdivision five of
this section.
10. A single vehicle or a combination of vehicles having  three  axles
or more and equipped with pneumatic tires, when loaded, may have a total
weight  on all axles not to exceed thirty-four thousand pounds, plus one
thousand pounds for each foot and  major  fraction  of  a  foot  of  the
distance  from  the  center  of  the  foremost axle to the center of the
rearmost axle. Axles to be counted as provided in  subdivision  five  of
this  section. In no case, however, shall the total weight exceed eighty
thousand pounds except for a vehicle if operated  by  an  engine  fueled
primarily  by natural gas which may have a maximum gross weight of up to
eighty-two thousand pounds. For any vehicle or combination  of  vehicles
having  a  total gross weight less than seventy-one thousand pounds, the
higher of the following shall apply:
(a) the total  weight  on  all  axles  shall  not  exceed  thirty-four
thousand  pounds  plus  one  thousand  pounds  for  each  foot and major
fraction of a foot of the distance from the center of the foremost  axle
to the center of the rearmost axle, or
(b)  the  overall  gross  weight on a group of two or more consecutive
axles shall not  exceed  the  weight  produced  by  application  of  the
following formula:
W = 500 ((LxN)/(N-1) + (12xN)+36)
where  W  equals  overall  gross  weight  on  any  group  of two or more
consecutive axles to the nearest five hundred pounds, L equals  distance
in  feet  from  the  center  of  the  foremost axle to the center of the
rearmost axle of any group of two  or  more  consecutive  axles,  and  N
equals  number  of  axles  in group under consideration, except that two
consecutive sets of tandem axles may carry a gross load  of  thirty-four
thousand  pounds  each  providing the overall distance between the first
and last axles of such consecutive sets of tandem  axles  is  thirty-six
feet or more.
For any vehicle or combination of vehicles having a total gross weight
of  seventy-one thousand pounds or greater, paragraph (b) shall apply to
determine maximum gross weight which is permitted hereunder.
10-a. (a) Notwithstanding the provisions of subdivisions seven, eight,
nine, ten, eleven and twelve of this section, the calculation of  weight
pursuant  to  such  subdivisions shall exclude the actual weight, not to
exceed four hundred pounds, of a fully-functioning idle reduction device
installed on a vehicle or combination of vehicles that  are  subject  to
such  subdivisions,  provided  that  the  operator  of such vehicle: (i)
maintains written certification of the actual weight of such device  and
acceptable  proof  that  it  is fully functional; and (ii) provides such
certification and proof, upon request, to a law enforcement  officer  or
any  other  officer  or  employee  authorized  to  enforce this section.
Acceptable proof of the functionality of such device  shall  consist  of
written  certification  from  the  manufacturer  of  such idle reduction
device, physical demonstration, or any other documentation acceptable to
the commissioner of transportation as may be set  forth  in  regulations
promulgated   by   such   commissioner   after   consultation  with  the
commissioner of environmental conservation.
(b) For the purposes of this subdivision, the  following  terms  shall
have  the  following  meanings: (i) "auxiliary power unit" shall mean an
integrated system that  (A)  provides  heat,  air  conditioning,  engine
warming,  or  electricity to components on a vehicle which is subject to
the  provisions  of  this  section  and  (B)  is  certified  under  part

eighty-nine  of  title  forty of the code of federal regulations (as may
from time to time be amended) as meeting applicable emission  standards;
and  (ii)  "idle reduction device" shall mean an auxiliary power unit or
other  technology  that  is used to reduce long-duration idling (as such
term is defined in paragraph seven of subdivision (a) of  section  16104
of  the  United  States  code  as  may from time to time be amended) and
allows for the main drive engine or auxiliary refrigeration engine to be
shut down.
11. A vehicle or combination  of  vehicles  equipped  with  any  solid
rubber tires shall not have weights more than eighty per centum of those
permitted  in  this  section  for  pneumatic  tires. Notwithstanding the
provisions of this section, vehicles equipped with  solid  rubber  tires
and  registered  in  this state prior to January first, nineteen hundred
thirty-two shall be permitted to operate until January  first,  nineteen
hundred  thirty-three under tire and axle loadings prescribed by chapter
four hundred ninety-eight of the laws of nineteen hundred thirty.
12. Motor vehicles or vehicles drawn by motor vehicles  when  equipped
with  metal  tires  shall not have weights more than forty per centum of
those permitted in this section for pneumatic tires.
13. For the purpose of this section,  the  width  of  pneumatic  tires
shall  be ascertained by measuring the greatest width of the tire casing
when tire is  inflated.  The  width  of  solid  rubber  tires  shall  be
ascertained  by  measuring the width of the tire base channel or between
the flanges of the metal rim, provided that  no  vehicle  equipped  with
solid rubber tires shall be operated upon a public highway, which has at
any  point  less  than  one  inch  of rubber above the top or beyond the
flange or rim.   The width  of  metal  tires  shall  be  ascertained  by
measuring the width of contact of the tire with the road surface.
14.  No  person  shall  operate  or move a vehicle or a combination of
vehicles over, on or through any bridge or structure on any  highway  if
the  weight  of  such  vehicle, or combination of vehicles, and load, is
greater than the posted capacity of the structure or exceeds the  height
of the posted clearance as shown by an official sign.
15. Except where inconsistent with federal law, rules and regulations:
(a)  The commissioner of transportation is hereby authorized to continue
to grant permits, and to charge fees  therefor,  for  the  operation  or
movement  of  a  vehicle  or  combination  of vehicles having weights or
dimensions which exceed the limitations provided  for  in  this  section
upon  any  highway under his or her jurisdiction except that such permit
shall not be valid for the operation or movement of such vehicles on any
state or other highway within any city not wholly  included  within  one
county.  Such  permits  shall be issued in accordance with the terms and
conditions contained in rules and regulations governing special  hauling
permits  which  have been or shall be promulgated by the commissioner of
transportation  and  which  may  include,  but  not  be  limited  to,  a
requirement  that  a  vehicle  or combination of vehicles being issued a
permit shall be accompanied by one or  more  escort  vehicles  which  is
being operated by an individual having a valid escort certificate issued
by the commissioner. The commissioner of transportation is authorized to
promulgate  rules  and  regulations  governing  the  operation,  use and
equipment of escort vehicles and the duties and responsibilities of  the
operator  of  an  escort  vehicle.  Any  finding  by the commissioner of
transportation  that  an  individual  has  violated   such   rules   and
regulations  shall  be  grounds  for the cancellation of an individual's
escort certificate and a penalty not to exceed five hundred dollars  per
occurrence  for  the  first  violation  and  not  to exceed one thousand
dollars per occurrence for each subsequent violation. Prior  to  issuing
such  a  finding,  the  commissioner  of  transportation shall afford an

individual the right to  a  hearing  pursuant  to  section  one  hundred
forty-five  of  the transportation law. Such rules and regulations shall
take into consideration, but shall not be limited to, the safety of  the
traveling public and the protection of the highways and the environment.
Such  rules  and regulations shall also contain a schedule of fees to be
charged for the issuance of such permits which  fees  shall  cover,  but
shall  not  be limited to, the costs to the department of transportation
for the administration of the  permit  program,  and  shall  permit  the
commissioner  of  transportation  to  levy  a  surcharge of up to twenty
dollars for the issuance and distribution of special hauling permits  at
regional offices of the department of transportation. The annual vehicle
fee  for a permit issued pursuant to subparagraphs (i), (ii), (ii-a) and
(iii) of paragraph (f) of this subdivision shall be three hundred  sixty
dollars  for  vehicles  with  less  than five axles, seven hundred fifty
dollars for vehicles with five or six axles and nine hundred dollars for
vehicles with seven or more axles. The annual vehicle fee for  a  permit
issued pursuant to subparagraphs (iv), (v), and (vi) of paragraph (f) of
this  subdivision shall be four hundred eighty dollars for vehicles with
less than five axles and one thousand dollars for vehicles with five  or
more  axles.  Additionally,  the  commissioner  shall  establish  a  fee
schedule for the permitting of extra non-power  combination  units  that
may  not  exceed twenty-five dollars per vehicle and may offer discounts
for multi-trailer registrations. Such  fees  shall  not  be  charged  to
municipalities  in  this state. A permit issued by the commissioner to a
municipality pursuant to  this  subdivision,  that  would  otherwise  be
annual,  shall not expire until such municipality removes such permitted
vehicle from operation; provided, however, that any  amendment  to  such
permit  shall  remain subject to the commissioner's approval and nothing
contained in this paragraph shall be deemed to alter  the  authority  of
the  commissioner  to  revoke  any  such  permit  as  authorized by this
chapter.  If  the  permit  has  routing  requirements,  such  rules  and
regulations  shall  provide  that  if the routing anticipates the use of
highways  not  under   the   jurisdiction   of   the   commissioner   of
transportation, then he or she shall immediately notify the municipality
or  municipalities,  having  jurisdiction  over  such  highway  that  an
application for a permit has been received and request comment  thereon.
Said  municipality  or  municipalities  shall not have less than fifteen
days to comment. Such rules and regulations shall also contain any other
requirements deemed necessary by the commissioner of transportation.
(b) Upon application in  writing  and  good  cause  being  shown,  the
department  of  transportation  may  issue  a  permit  pursuant  to this
subdivision to operate or move a vehicle or a combination  of  vehicles,
the  weights  or the dimensions of which exceed the limitations provided
for in this section upon any highway under its jurisdiction except  that
such  permit  shall  not  be valid for the operation or movement of such
vehicles on any state or  other  highway  within  any  city  not  wholly
included  within  one county. For any other public highway in any county
not wholly included within a city which is not on the  state  system  of
highways the authority having jurisdiction over same may issue a similar
permit,  provided  that the fee charged for such permit shall not exceed
ten dollars.
(c) Upon application in writing and good cause being shown,  the  city
department  of  transportation  of a city not wholly included within one
county may issue a permit pursuant to this  subdivision  to  operate  or
move  a  vehicle  or  a  combination  of  vehicles  the  weights  or the
dimensions of which exceed the limitations provided for in the rules and
regulations of the city department of transportation of such  city  upon
all  highways within such city including highways which are on the state

system of highways. The rules and regulations of such city department of
transportation shall contain a schedule of fees to be  charged  for  the
issuance  of  such  permits  which  fees  shall  cover, but shall not be
limited  to,  the costs to the city for the administration of the permit
program. Such  rules  and  regulations  shall  also  contain  any  other
requirements    deemed   necessary   by   the   city   commissioner   of
transportation.
(d) Except during storms, floods, fires or other  public  emergencies,
no  such  permit  may  be issued to include a towing operation involving
more than two vehicles except three vehicle combinations consisting of a
tractor, semitrailer and trailer or a tractor and  two  trailers  within
legal  weight  and  width  limits  proceeding  to or from any qualifying
highway or access highway. Every such permit may designate the route  to
be  traversed  and  contain  any other restrictions or conditions deemed
necessary by the issuing authority. Every such permit shall  be  carried
on the vehicle to which it refers and shall be open to the inspection of
any  peace  officer,  acting  pursuant  to his special duties, or police
officer, or any other officer or employee  authorized  to  enforce  this
section.  All permits issued shall be revocable by the authority issuing
them at the discretion  of  the  authority  without  a  hearing  or  the
necessity  of showing cause. Except for a vehicle having a maximum gross
weight not exceeding eighty thousand pounds without regard to  any  axle
weight   limitation  set  forth  herein  or  the  maximum  gross  weight
established by the formula commonly referred to as the bridge formula as
set forth in subdivision ten of this section and  except  for  state  or
municipally-owned  single  vehicles  engaged  in  snow  and  ice control
operations, or designed or fitted for snow and  ice  control  operations
while  engaged in other public works operations on public highways which
do not exceed the weight limits contained in subdivision seventeen-a  of
this  section,  no permit shall be issued to allow operation or movement
of any vehicle or combination  of  vehicles  whose  weight  exceeds  the
limitations  otherwise  prescribed  in this section other than an annual
permit issued pursuant to paragraph (f) of this subdivision except  upon
a  finding  by  the  department  of  transportation  or  the appropriate
authority, as the case may be, that the load proposed is of one piece or
item or  otherwise  cannot  be  separated  into  units  of  less  weight
provided,  however,  that any such permit issued upon such finding shall
not be valid for the operation or movement of such vehicles on any state
or other highway within any city not wholly included within one  county.
Bulk milk may be considered one piece or item.
(e)  The department of transportation or the issuing authority, as the
case may be, shall establish criteria by rule or regulation under  which
any  vehicle, combination of vehicles, or specified cargoes in specified
circumstances or specified sites, routing or projects may be  considered
one piece or item for the purpose of a permit under this subdivision.
(f)  The department of transportation, or other issuing authority, may
issue an annual permit for a vehicle designed and constructed  to  carry
loads  that  are  not  of one piece or item, which is registered in this
state. Motor carriers having apportioned vehicles registered  under  the
international  registration  plan  must  either  have  a currently valid
permit at the time  this  provision  becomes  effective  or  shall  have
designated   New  York  as  its  base  state  or  one  of  the  eligible
jurisdictions of operation under the international registration plan  in
order to be eligible to receive a permit issued pursuant to subparagraph
(i), (ii) or (ii-a) of this paragraph. No permit issued pursuant to this
paragraph  shall  be  valid for the operation or movement of vehicles on
any state or other highway within any city not  wholly  included  within

one  county  unless  such  permit  was  issued by the city department of
transportation of such city.
Effective  January first, two thousand five, no vehicle or combination
of vehicles issued a permit pursuant to this  paragraph  shall  cross  a
bridge   designated  as  an  R-posted  bridge  by  the  commissioner  of
transportation  or  any  other  permit  issuing   authority   absent   a
determination  by such commissioner or permit issuing authority that the
permit applicant has demonstrated special circumstances  warranting  the
crossing  of  such  bridge  or  bridges  and  a  determination  by  such
commissioner or permit issuing authority that such bridge or bridges may
be crossed safely, provided, however, that in no event shall  a  vehicle
or  combination  of  vehicles  issued  a  permit under this paragraph be
permitted to cross a bridge designated as an  R-posted  bridge  if  such
vehicle  or combination of vehicles has a maximum gross weight exceeding
one hundred two thousand pounds, and  provided  further,  however,  that
nothing  contained  herein  shall  be deemed to authorize any vehicle or
combination of vehicles to cross any such bridge  within  any  city  not
wholly  included within one county unless such vehicle or combination of
vehicles has been issued a  valid  permit  by  the  city  department  of
transportation of such city pursuant to this subdivision.
No  vehicle  having a model year of two thousand six or newer shall be
issued a permit pursuant to this paragraph  unless  each  axle  of  such
vehicle  or  combination  of vehicles, other than steerable or trackable
axles, is equipped with two tires on each side  of  the  axle,  any  air
pressure  controls  for  lift  axles  are located outside the cab of the
vehicle and are beyond the reach of  occupants  of  the  cab  while  the
vehicle is in motion, the weight on any grouping of two or more axles is
distributed  such  that no axle in the grouping carries less than eighty
percent of any other axle in the  grouping  and  any  liftable  axle  is
steerable   or   trackable;   and,   further  provided,  after  December
thirty-first, two thousand nineteen, no permit shall be issued  pursuant
to  this paragraph to a vehicle of any model year that does not meet the
requirements of this provision, except that such permits may  be  issued
prior  to  January first, two thousand twenty to a vehicle that does not
meet the requirement concerning axle grouping weight  distribution,  but
meets all other requirements of this section.
A  divisible  load  permit  may  only  be transferred to a replacement
vehicle by the same registrant or transferred with the permitted vehicle
as part of the sale or transfer of the permit holder's business; or,  if
the  divisible  load permit is issued pursuant to subparagraph (iv), (v)
or (vi) of this paragraph for use within the  counties  of  Westchester,
Rockland,  Nassau,  Suffolk,  Putnam,  Orange  and Dutchess and has been
effective for the five years preceding a transfer of  such  permit,  the
permit  may be transferred with the permitted vehicle in the sale of the
permitted  vehicle  to  the  holder  of  a  permit  issued  pursuant  to
subparagraph  (iv),  (v)  or  (vi)  of this paragraph for use within the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
Dutchess.
If  a  permit  holder operates a vehicle or combination of vehicles in
violation of any posted weight restriction, the permit  issued  to  such
vehicle  or  combination of vehicles shall be deemed void as of the next
day and shall not be reissued for a period of twelve calendar months.
Until June thirtieth,  nineteen  hundred  ninety-four,  no  more  than
sixteen  thousand  power  units  shall  be  issued annual permits by the
department  for  any  twelve-month  period  in  accordance   with   this
paragraph.  After  June thirtieth, nineteen hundred ninety-four, no more
than sixteen thousand five hundred power units shall  be  issued  annual
permits  by  the  department for any twelve-month period. After December

thirty-first, nineteen  hundred  ninety-five,  no  more  than  seventeen
thousand  power  units  shall be issued annual permits by the department
for any twelve-month period. After December thirty-first,  two  thousand
three,  no  more  than  twenty-one  thousand power units shall be issued
annual permits by the department  for  any  twelve-month  period.  After
December  thirty-first,  two  thousand  five,  no  more  than twenty-two
thousand power units shall be issued annual permits  by  the  department
for  any  twelve-month period. After December thirty-first, two thousand
six, no more than twenty-three thousand  power  units  shall  be  issued
annual  permits  by  the  department  for any twelve-month period. After
December thirty-first, two thousand  seven,  no  more  than  twenty-four
thousand  power  units  shall be issued annual permits by the department
for any twelve-month period. After December thirty-first,  two  thousand
eight,  no  more  than  twenty-five thousand power units shall be issued
annual permits by the department  for  any  twelve-month  period.  After
December  thirty-first,  two thousand sixteen, no more than twenty-seven
thousand power units shall be issued annual permits  by  the  department
for any twelve-month period.
Whenever  permit  application requests exceed permit availability, the
department shall renew annual permits that have been  expired  for  less
than  four  years  which meet program requirements, and then shall issue
permit applicants having less than three  divisible  load  permits  such
additional  permits  as  the  applicant  may request, providing that the
total of existing and new  permits  does  not  exceed  three.  Remaining
permits  shall  be  allocated  by  lottery in accordance with procedures
established by the commissioner in rules and regulations.
The department of transportation may  issue  a  seasonal  agricultural
permit  in  accordance  with  subparagraphs  (i), (ii) and (iii) of this
paragraph that will be valid for four  consecutive  months  with  a  fee
equal  to  one-half  the  annual  permit  fees  established  under  this
subdivision.
For a vehicle issued a permit in accordance with subparagraphs  (iii),
(iv),  (v)  and  (vi)  of  this paragraph, such a vehicle must have been
registered in this  state  prior  to  January  first,  nineteen  hundred
eighty-six or be a vehicle or combination of vehicles which replace such
type  of  vehicle  which was registered in this state prior to such date
provided that the manufacturer's recommended maximum gross weight of the
replacement vehicle or combination  of  vehicles  does  not  exceed  the
weight  for  which  a  permit  may  be issued and the maximum load to be
carried on the replacement vehicle or combination of vehicles  does  not
exceed  the  maximum  load  which could have been carried on the vehicle
being replaced or the registered weight of such  vehicle,  whichever  is
lower, in accordance with the following subparagraphs:
(i)  A  permit may be issued for a vehicle having at least three axles
and a wheelbase not less than sixteen feet and  for  a  vehicle  with  a
trailer not exceeding forty-eight feet. The maximum gross weight of such
a  vehicle  shall not exceed forty-two thousand five hundred pounds plus
one thousand two hundred fifty pounds for each foot and  major  fraction
of  a  foot  of the distance from the center of the foremost axle to the
center of the  rearmost  axle,  or  one  hundred  two  thousand  pounds,
whichever  is  more  restrictive  provided,  however, that any four axle
group weight shall not exceed sixty-two thousand pounds, any tridem axle
group weight shall not exceed fifty-seven thousand  pounds,  any  tandem
axle  weight  does not exceed forty-seven thousand pounds and any single
axle weight shall not exceed twenty-five thousand pounds.
Any additional special authorizations contained in a  currently  valid
annual  permit  shall  cease  upon the expiration of such current annual
permit.
(ii) A permit may be issued  subject  to  bridge  restrictions  for  a
vehicle  or  a  combination  of vehicles having at least six axles and a
wheel base of at least thirty-six and one-half feet. The  maximum  gross
weight  of  such vehicle or combination of vehicles shall not exceed one
hundred seven thousand pounds and any tridem axle group weight shall not
exceed  fifty-eight  thousand  pounds  and  any tandem axle group weight
shall not exceed forty-eight thousand pounds.
(ii-a) A permit may be issued subject to  bridge  restrictions  for  a
combination  of  vehicles having at least seven axles and a wheelbase of
at least forty-three feet. The maximum gross weight of such  combination
of  vehicles shall not exceed one hundred seventeen thousand pounds, any
four axle group weight shall not exceed sixty-three thousand pounds, any
tridem axle group weight shall not exceed fifty-eight  thousand  pounds,
any  tandem  axle  group  weight  shall  not exceed forty-eight thousand
pounds, and any single axle weight shall not exceed twenty-five thousand
pounds.
Each axle of such combination of vehicles,  other  than  steerable  or
trackable  axles,  shall  be equipped with two tires on each side of the
axle, any air pressure controls for lift axles shall be located  outside
the  cab of the combination of vehicles and shall be beyond the reach of
occupants of the cab while the combination of vehicles is in motion, the
weight on any grouping of two or more axles shall  be  distributed  such
that  no  axle  in  the grouping carries less than eighty percent of any
other axle in the grouping, and any liftable axle of such combination of
vehicles shall be steerable or trackable.
(iii) A permit may be issued for a vehicle  having  two  axles  and  a
wheelbase  not  less than ten feet, with the maximum gross weight not in
excess of one hundred twenty-five percent of the total weight limitation
as set forth in subdivision ten  of  this  section.  Furthermore,  until
December  thirty-first,  nineteen  hundred  ninety-four, any single rear
axle  weight  shall  not  exceed  twenty-eight  thousand  pounds.  After
December  thirty-first,  nineteen  hundred  ninety-four, any axle weight
shall not exceed twenty-seven thousand pounds.
(iv) Within a city not wholly  included  within  one  county  and  the
counties  of  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess, a permit may be issued for a vehicle  having  at  least  three
axles  and  a  wheelbase  not  exceeding  forty-four  feet nor less than
seventeen feet or for a vehicle with a trailer not exceeding forty feet.
Until December thirty-first, nineteen hundred  ninety-four,  a  permit
may  only be issued for such a vehicle having a maximum gross weight not
exceeding eighty-two thousand pounds and any tandem  axle  group  weight
shall not exceed sixty-two thousand pounds.
After  January  first,  nineteen hundred ninety-five, the operation of
such a vehicle shall be further limited and a permit may only be  issued
for  such  a  vehicle  having  a  maximum  gross  weight  not  exceeding
seventy-nine thousand pounds and any tandem axle group weight shall  not
exceed  fifty-nine  thousand  pounds,  and  any  tridem shall not exceed
sixty-four thousand pounds.
A permit may be issued  only  until  December  thirty-first,  nineteen
hundred  ninety-four  for  a  vehicle  having at least three axles and a
wheelbase between fifteen and seventeen feet. The maximum  gross  weight
of  such  a  vehicle shall not exceed seventy-three thousand two hundred
eighty pounds  and  any  tandem  axle  group  weight  shall  not  exceed
fifty-four thousand pounds.
No  vehicle  having a model year of two thousand six or newer shall be
issued a permit  pursuant  to  this  subparagraph  for  use  within  the
counties  of  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess unless it is equipped with at least  four  axles,  and  further

provided,  after December thirty-first, two thousand fourteen, no permit
shall be issued  pursuant  to  this  subparagraph  for  use  within  the
counties  of  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
Dutchess  to  a vehicle of any model year unless the vehicle is equipped
with at least four axles.
(v) Within a city not  wholly  included  within  one  county  and  the
counties  of  Westchester,  Rockland, Nassau, Suffolk, Putnam, Orange or
Dutchess, a permit may  be  issued  only  until  December  thirty-first,
nineteen  hundred  ninety-nine  for a vehicle or combination of vehicles
that has been permitted within the past four years having five axles and
a wheelbase of at least thirty-six and one-half feet. The maximum  gross
weight of such a vehicle or combination of vehicles shall not exceed one
hundred  five thousand pounds and any tandem axle group weight shall not
exceed fifty-one thousand pounds.
Within a city not wholly included within one county and  the  counties
of  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,
a permit may be issued for a vehicle or combination of  vehicles  having
at least five axles and a wheelbase of at least thirty feet. The maximum
gross weight of such vehicle or combination of vehicles shall not exceed
ninety-three  thousand pounds and any tridem axle group weight shall not
exceed fifty-seven thousand pounds and  any  tandem  axle  group  weight
shall not exceed forty-five thousand pounds.
(vi)  Within  a  city  not  wholly  included within one county and the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
Dutchess,  a  permit  may  be  issued  for  a  vehicle or combination of
vehicles having at least five axles or more and a wheelbase of at  least
thirty-six  and  one-half  feet,  provided  such permit contains routing
restrictions.
Until December thirty-first, nineteen hundred ninety-four, the maximum
gross weight of a vehicle or combination  of  vehicles  permitted  under
this  subparagraph  shall  not exceed one hundred twenty thousand pounds
and any tandem or tridem axle group weight shall not  exceed  sixty-nine
thousand  pounds,  provided,  however,  that  any replacement vehicle or
combination of vehicles permitted  after  the  effective  date  of  this
subparagraph  shall have at least six axles, any tandem axle group shall
not exceed fifty thousand pounds and any tridem  axle  group  shall  not
exceed sixty-nine thousand pounds.
After  December thirty-first, nineteen hundred ninety-four, the tridem
axle group weight of any vehicle or combination  of  vehicles  issued  a
permit  under  this  subparagraph  shall not exceed sixty-seven thousand
pounds, any tandem axle group weight shall  not  exceed  fifty  thousand
pounds  and any single axle weight shall not exceed twenty-five thousand
seven hundred fifty pounds.
After  December  thirty-first,  nineteen  hundred   ninety-nine,   all
vehicles  issued a permit under this subparagraph must have at least six
axles.
After December thirty-first, two thousand fourteen,  all  combinations
of  vehicles  issued a permit under this subparagraph for use within the
counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
Dutchess  must  have  at  least  seven axles and a wheelbase of at least
forty-three feet.
After December thirty-first, two thousand six,  no  permits  shall  be
issued   under   this  subparagraph  for  use  within  the  counties  of
Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess  for
a  vehicle  or  combination  of vehicles having less than seven axles or
having a wheelbase of less than  forty-three  feet,  provided,  however,
that  permits  may be issued for use within the counties of Westchester,
Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for  vehicles  or

combinations  of  vehicles  where the permit applicant demonstrates that
the applicant acquired the vehicle or combination of vehicles  prior  to
December  thirty-first,  two  thousand  six,  and that if the vehicle or
combination  of  vehicles  was  acquired  by  the  applicant  after  the
effective date  of  this  provision,  such  vehicle  or  combination  of
vehicles  is  less  than  fifteen  years  old.  In  instances  where the
application is for  a  combination  of  vehicles,  the  applicant  shall
demonstrate  that  the  power  unit  of  such  combination satisfies the
conditions of this subparagraph. In no event shall a  permit  be  issued
under  this  subparagraph  for  use  within the counties of Westchester,
Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for a vehicle  or
combination  of  vehicles  having  less  than  seven  axles  or having a
wheelbase of less than forty-three feet after December thirty-first, two
thousand fourteen.
Except as otherwise provided  by  this  subparagraph  for  the  period
ending  December  thirty-first,  two  thousand  fourteen, after December
thirty-first, two thousand three, any combination of vehicles  issued  a
permit   under   this  subparagraph  for  use  within  the  counties  of
Westchester, Rockland, Nassau,  Suffolk,  Putnam,  Orange  and  Dutchess
shall not exceed one hundred twenty thousand pounds, shall have at least
seven  axles,  shall  have a wheelbase of at least forty-three feet, and
single axle weight shall not exceed twenty-five thousand  seven  hundred
fifty  pounds, any tandem axle group weight shall not exceed forty-eight
thousand  pounds,  any  tridem  axle  group  weight  shall  not   exceed
sixty-three  thousand  pounds  and  any four axle group shall not exceed
sixty-five thousand pounds.
From the date of enactment  of  this  paragraph,  permit  applications
under subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi) of this
paragraph  for  vehicles  registered in this state may be honored by the
commissioner of  transportation  or  other  appropriate  authority.  The
commissioner  of  transportation  and  other appropriate authorities may
confer and develop a system through  rules  and  regulations  to  assure
compliance herewith.
(g)  A sani-van vehicle, as defined in section one hundred forty-one-a
of this chapter for which a permit has  been  issued  pursuant  to  this
subdivision  is  authorized to operate or move on all public highways or
bridges within this state in  accordance  with  any  weight  limitations
specified in such permit.
(h)  In any action brought for damage or destruction of any highway or
bridge including an action pursuant to section three hundred  twenty  of
the  highway  law,  there shall be a presumption that the operation of a
vehicle or combination of vehicles  in  excess  of  the  maximum  weight
limits  established  by  this  section or, in a city not wholly included
within one county, in excess of the maximum weight limits prescribed  by
the  rules  and  regulations of the city department of transportation of
such city, is the proximate cause of such damage or destruction  to  the
highway  bridge  or  appurtenant  structure,  whether or not a permit to
exceed such weight limits was issued by the appropriate authority.
(i)  All  moneys  collected  by  the  commissioner  of  transportation
pursuant  to this subdivision shall be deposited by the comptroller into
the special obligation reserve and  payment  account  of  the  dedicated
highway   and   bridge   trust  fund  established  pursuant  to  section
eighty-nine-b of the state finance law.
(j) The  commissioner  of  transportation  is  authorized  to  conduct
hearings  with regard to the issuance or revocation of any permit issued
by the commissioner of  transportation  pursuant  to  this  section  and
relating  to the violation of any condition applicable to such permit as
provided in subdivision three of section one hundred forty-five  of  the

transportation   law.   If   a   permit  issued  by  the  department  of
transportation is seized and the holder of the permit  makes  a  written
request   to  the  department  of  transportation  for  a  hearing,  the
commissioner  of  transportation  shall schedule a hearing within twenty
days of the receipt of such request.
(k) Any permit issued pursuant to this section that is seized shall be
forwarded to the issuing authority as soon as practicable.
15-a. In furtherance of the authority to  issue  permits  pursuant  to
subdivision  fifteen  of  this section, the department of transportation
and the New York state thruway authority are authorized to enter into  a
cooperative agreement relative to permits to operate or move vehicles or
combinations  of  vehicles the weights or the dimensions of which exceed
the limitations otherwise provided for in this section along the thruway
system and state highway system, routes 5 and 49 between  the  relocated
thruway  interchanges,  including  the  Edic road interchange, and River
road in the vicinity of Edic road in the vicinity of the city of  Utica.
Permits  issued  hereunder  may  be  of  a  joint or reciprocal type for
operations or movements on such highway systems and shall not be limited
to loads proposed as one piece or item or otherwise cannot be  separated
into units of less weight.
16.  The  provisions of this section relating to the maximum dimension
and weight limitations of  vehicles  shall  not  be  applicable  to  any
vehicle  or  combination  of vehicles proceeding to or from the New York
state thruway while being operated at the following locations, provided,
however, that the maximum dimensions and weight limitations  of  such  a
vehicle  or  combination  of  vehicles  are  in  compliance  with  those
applicable to the New York state thruway;
(a) Within a radius of fifteen hundred feet  of  any  New  York  state
thruway toll booth at Fultonville, New York;
(b)  Within  a  radius  of  two  thousand feet of any exit or entrance
designated B-3 to the New York state thruway, Berkshire section, at  New
York state route twenty-two;
(c) Over a route extending north and south on New York state route 332
between  New  York  state  thruway exit no. 44 and its intersection with
Collett  road,  and  east  and  west  on  Collett  road   between   said
intersection  and  no. 6070 Collett road, a distance of approximately .8
miles.
(d) Within a radius of 1.2 miles from  New  York  state  thruway  toll
booth  no.  56 on access road to be built between such toll booth no. 56
and the present eastern terminus of route 179 at South Park avenue, over
route 179 and old Mile Strip road to the truck terminal entrance on  old
Mile  Strip  road  at  a  point  approximately two thousand four hundred
thirty feet southeast of the intersection of old  Mile  Strip  road  and
Route  5 as measured along old Mile Strip road, or across Lake Avenue at
the northern end of the truck terminal;
(e) Within a distance of 1.5 miles measured along that portion of  the
River  Road,  New  York  state  touring  route  266, also known as state
highway 129,  lying  generally  northerly  of  the  South  Grand  Island
Bridges,  such  distance  to  be  measured  from  the  point  where  the
southernmost access road to  New  York  state  thruway  station  no.  17
intersects with said River Road;
(f) Within a distance of two miles measured along New York state route
400,  such  distance  to be measured from the point where said route 400
intersects with the New York state thruway, and .5 miles measured  along
New  York  state  route 277, such distance to be measured in a northerly
direction from the point where New York state route 277 intersects  with
New York state route 400;
(g)  Within a distance of .8 miles measured along Walden Avenue in the
Town of  Cheektowaga,  such  distance  to  be  measured  in  a  westerly
direction  from  the  point where said Walden Avenue intersects with the
New York state thruway, .5 miles measured along said Walden Avenue, such
distance  to  be  measured in an easterly direction from the point where
said Walden Avenue intersects with the New  York  state  thruway,  1,640
feet  measured along a roadway purchased by the Town of Cheektowaga from
Sorrento Cheese, Inc., such distance  to  be  measured  in  a  southerly
direction  from  the  point  where  said  roadway intersects with Walden
Avenue, and .9 miles measured along  New  York  state  route  240,  such
distance  to  be  measured in a southerly direction from the point where
New York state route 240 intersects with said Walden Avenue;
(h) Within a distance of .1 miles measured along Sheridan  Drive,  New
York  state  route  324,  such  distance  to  be measured in an easterly
direction from the point where said Sheridan Drive intersects  with  New
York state thruway interchange N-15, and .4 miles measured along Kenmore
Avenue,  such  distance to be measured in a southerly direction from the
point where Sheridan Drive intersects with said Kenmore Avenue;
(i) Within a distance of .8 miles measured along Dingens street in the
city of Buffalo such distance to be measured  in  a  westerly  direction
from  the Ogden street exit of the Niagara section of the New York state
thruway;
(j) Within a distance of .25 miles along South street in the  city  of
Buffalo between Hamburg street and Louisiana street;
(k)  Within  a distance of .7 miles measured along Louisiana street in
the city of  Buffalo  such  distance  to  be  measured  in  a  southerly
direction  from  the Louisiana street entrance of the Niagara section of
the New York state thruway; and
(l) Within a distance of 1700 feet measured along that portion of  the
River  Road,  New  York  state  touring  route  266, also known as state
highway 129,  lying  generally  southerly  of  the  South  Grand  Island
Bridges,  such distance to be measured from the point where the southern
most access road to New York state thruway  station  no.  17  intersects
with said River Road; and
(m)  Within  a  distance  of  0.6 miles extending north along New York
state route 233 from a point where such route 233  intersects  with  the
exit  or  entrance  designated  number  thirty-two of the New York state
thruway at Westmoreland in Oneida county.
(n) Within a route from the thruway toll booth at the New  York  state
thruway  exit  21-B  and  along the access road to route 9-W, and thence
1500 feet along route 9-W to be measured in a northerly  direction  from
the point where such thruway access road intersects route 9-W.
(o)  (i)  Within a distance of 0.8 miles from exit B-1 of the New York
state thruway  Berkshire  Spur,  such  distance  to  be  measured  in  a
northerly  direction  from  the point where state route 9 intersects the
southern most access ramp leading to the New York state thruway.
(ii) Within a distance of 1.6 miles from the exit B-1 of the New  York
state  thruway  Berkshire  Spur,  with such distance being measured in a
northerly direction from the point where state route  9  intersects  the
southern  most access ramp leading to the New York state thruway, upon a
determination by the commissioner of transportation that the vehicle  or
combination of vehicles could operate safely upon such route and that no
applicable  federal  law,  regulation or other requirement prohibits the
operation of such vehicle or combination of vehicles on such route.
(p) Within a distance of .45 miles measured along James E. Casey Drive
in the city of Buffalo such distance  to  be  measured  in  a  northerly
direction from Dingens street.
(q) Within approximately one mile of the thruway toll booth at the New
York  state  thruway  exit  23 in a northerly direction along interstate
route 787 to the first "Port of Albany" exit, and right on Church street
south approximately one-half mile to the south end of the Mobil terminal
facility  and return from Church street entering interstate route 787 in
a southerly direction to interchange 23 of the New York state thruway.
(r) On any route designated  by  the  commissioner  of  transportation
within a radius of six thousand six hundred feet of any exit or entrance
designated  interchange  26  of  the  New  York state thruway, where the
commissioner  of  transportation  determines   that   the   vehicle   or
combination  of vehicles could operate safely along the designated route
and that no applicable federal  law,  regulation  or  other  requirement
prohibits  the  operation  of such vehicle or combination of vehicles on
such route.
* (s) Over a route extending east and west across New York state route
414 from the New York state thruway exit 41 to the terminus of the  exit
41  on  and  off  ramps  for a distance of approximately 100 feet across
route 414 and within approximately .1 miles of the on and  off  ramp  of
exit  41  of  the  New  York  state  thruway.  Nothing contained in this
provision shall be construed to permit these vehicles or combination  of
vehicles to turn on to route 414 or to travel along route 414.
* NB There are 2 (s)'s
* (s)  Within  a  distance of three hundred twenty-five feet, measured
along Stew Leonard drive in the city of Yonkers,  such  distance  to  be
measured  in  a  west-east  direction  from the point where Stew Leonard
drive intersects with the southbound off-ramp and the northbound on-ramp
of interchange 6A of the New York state thruway.
* NB There are 2 (s)'s
(t) Over a route extending south on New York state route  332  between
New  York state thruway exit number 44 and its intersection with Gateway
drive and west on Gateway Drive to  its  intersection  with  Plastermill
Road  and  east on Plastermill Road to its intersection with Loomis Road
and east on Loomis road between said intersection and  no.  5923  Loomis
road,  a  distance  of  approximately 1.6 miles, and west on Loomis road
between 5923 Loomis road and its intersection with New York state  route
332  and  thence  north  on  New  York state route 332 to New York state
thruway exit number 44, a distance of approximately 1.1 miles, where the
commissioner  of  transportation  determines   that   the   vehicle   or
combination  of vehicles could operate safely along the designated route
and that no applicable federal  law,  regulation  or  other  requirement
prohibits  the  operation  of such vehicle or combination of vehicles on
such route.
(u) Over a route extending north  and  on  New  York  state  route  77
between  New York state thruway exit number 48-a and the overpass of the
New York state thruway, and south on New York state route 77, a distance
of approximately .5 miles,  where  the  commissioner  of  transportation
determines  that  the  vehicle  or combination of vehicles could operate
safely along the designated route and that no  applicable  federal  law,
regulation  or other requirement prohibits the operation of such vehicle
or combination of vehicles on such route.
(v) Within a distance of approximately one  mile  from  the  New  York
state  thruway  interchange  24  traveling  along interstate route 90 to
interchange 2 Washington avenue,  and  to  Washington  avenue  traveling
westbound to Fuller road in a northerly direction to interstate route 90
traveling  to  interchange  24  of the New York state thruway, where the
commissioner  of  transportation  determines   that   the   vehicle   or
combination  of vehicles could operate safely along the designated route
and that no applicable federal  law,  regulation  or  other  requirement

prohibits  the  operation  of such vehicle or combination of vehicles on
such route.
(w)  Within  a  distance  of approximately 1.9 miles from the New York
state thruway interchange 25A, traveling in a westbound direction  along
interstate route 88 to exit 25 to state route 7, and to a left on Becker
road   traveling   in   a   southbound  direction  on  Becker  road  for
approximately .2 miles to the New York  state  thruway  interchange  25A
tandem  lot access road, or to the intersection of Becker road and state
route 7, and traveling in an eastbound direction for  approximately  1.4
miles  on  state  route  7  to  the  intersection  of  state route 7 and
Dunnsville  road  and  then  traveling  in  a  southbound  direction  on
Dunnsville  road  for  approximately  .3 miles where the commissioner of
transportation determines that the vehicle or  combination  of  vehicles
could  operate  safely along the designated route and that no applicable
federal law, regulation or other requirement prohibits the operation  of
such vehicle or combination of vehicles on such route.
(x)  Within  a  distance  of approximately 2.2 miles from the New York
state thruway interchange 34A traveling in a southbound direction  along
interstate route 481 to interstate 481 exit 5E Kirkville road east along
state  route  53  Kirkville road in an eastbound direction to interstate
route 481 traveling northbound to exit 6 to interchange 34A of  the  New
York  state thruway, where the commissioner of transportation determines
that the vehicle or combination of vehicles could operate  safely  along
the  designated  route and that no applicable federal law, regulation or
other requirement prohibits the operation of such vehicle or combination
of vehicles on such route.
(y) Within a distance of approximately .8  miles  from  the  New  York
state  thruway  interchange  35, traveling approximately 200 feet around
Carrier  circle  to  traveling   northbound   on   Thompson   road   for
approximately  1000  feet,  or  traveling  southbound  on  Thompson road
approximately 100 feet, to  traveling  westbound  on  Tarbell  road  for
approximately  .5 miles to reenter at the Dewitt service area of the New
York state thruway where the commissioner of  transportation  determines
that  the  vehicle or combination of vehicles could operate safely along
the designated route and that no applicable federal law,  regulation  or
other requirement prohibits the operation of such vehicle or combination
of vehicles on such route.
(z)  Within  a  distance  of  approximately one mile from the New York
state thruway interchange 36 traveling  in  a  southbound  direction  on
interstate  81  to interstate 81 exit 25 7th North street, and traveling
eastbound on 7th North street to interstate 81 traveling in a northbound
direction to interchange 36 of the New York  state  thruway,  where  the
commissioner   of   transportation   determines   that  the  vehicle  or
combination of vehicles could operate safely along the designated  route
and  that  no  applicable  federal  law, regulation or other requirement
prohibits the operation of such vehicle or combination  of  vehicles  on
such route.
(aa)  Within  a  distance  of approximately .6 miles from the New York
state thruway interchange 39 traveling eastbound on  interstate  690  to
interstate  690  exit  2  Jones  road in a northbound direction to state
route 690 north to interchange 39 of the New York state  thruway,  where
the  commissioner  of  transportation  determines  that  the  vehicle or
combination of vehicles could operate safely along the designated  route
and  that  no  applicable  federal  law, regulation or other requirement
prohibits the operation of such vehicle or combination  of  vehicles  on
such route.
(bb)  Within  a  distance  of approximately .5 miles from the New York
state thruway interchange 45, traveling on interstate 490 to  interstate

490  exit 29, in a southwesterly direction along New York state route 96
to the point where New York state route 96 intersects with the  entrance
ramp to the New York state thruway interchange 45, and for approximately
.2  miles  along  this  entrance  ramp  to  the  New  York state thruway
interchange 45, where the commissioner of transportation determines that
the vehicle or combination of vehicles could operate  safely  along  the
designated route and that no applicable federal law, regulation or other
requirement  prohibits  the  operation of such vehicle or combination of
vehicles on such route.
(cc) Within a distance of approximately .6 miles  from  the  New  York
state  thruway interchange 46, traveling in a northeasterly direction on
the ramp from the New York state thruway interchange  46  to  interstate
390  north  exit to New York state route 253, Lehigh Station road, for a
distance of approximately .5 miles along the ramp  from  interstate  390
north  exit  to  New  York  state  route 253, Lehigh Station road, for a
distance of approximately .6 miles in a  westerly  direction  along  New
York  state  route  253, Lehigh Station road, to the intersection of New
York state route 253 with New York state route 15, then for  a  distance
of  approximately .6 miles in a southerly direction along New York state
route 15, to the New  York  state  thruway  interchange  46  maintenance
facility  entrance,  where the commissioner of transportation determines
that the vehicle or combination of vehicles could operate  safely  along
the  designated  route and that no applicable federal law, regulation or
other requirement prohibits the operation of such vehicle or combination
of vehicles on such route.
(dd) Within a distance of approximately .3 miles  from  the  New  York
state  thruway interchange 47, traveling on interstate 490 to interstate
490 exit 1, to a distance of approximately .2 miles along the ramp  from
interstate  490  exit  1,  for a distance of approximately .4 miles in a
southwesterly direction to the entrance  ramp  of  the  New  York  state
thruway   interchange  47,  where  the  commissioner  of  transportation
determines that the vehicle or combination  of  vehicles  could  operate
safely  along  the  designated route and that no applicable federal law,
regulation or other requirement prohibits the operation of such  vehicle
or combination of vehicles on such route.
(ee)  Within  a  distance  of approximately .6 miles from the New York
state thruway interchange 19, traveling in a westbound  direction  along
route  28 to route 209, and traveling in a southbound direction on route
209 for approximately  .1  miles  to  route  28,  and  traveling  in  an
eastbound  direction  on  route 28 for approximately .8 miles to the New
York  state  thruway  interchange   19   where   the   commissioner   of
transportation  determines  that  the vehicle or combination of vehicles
could operate safely along the designated route and that  no  applicable
federal  law, regulation or other requirement prohibits the operation of
such vehicle or combination of vehicles on such route.
(ff) Within a distance of approximately .5 miles  from  the  New  York
state  thruway interchange 31, traveling onto the ramp to Genesee street
south  for  approximately  2800  feet  to  Genesee  street   north   for
approximately  275  feet to interchange 31 of the New York state thruway
where the commissioner of transportation determines that the vehicle  or
combination  of vehicles could operate safely along the designated route
and that no applicable federal  law,  regulation  or  other  requirement
prohibits  the  operation  of such vehicle or combination of vehicles on
such route.
(gg) Within a distance of approximately .2 miles  from  the  New  York
state  thruway interchange 33 traveling westbound on state route 365 for
approximately 900 feet to interchange 33 of the New York  state  thruway
where  the commissioner of transportation determines that the vehicle or

combination of vehicles could operate safely along the designated  route
and  that  no  applicable  federal  law, regulation or other requirement
prohibits the operation of such vehicle or combination  of  vehicles  on
such route.
(hh)  Within  a  distance of approximately .15 miles from the New York
state  thruway  interchange  42  traveling  on  state   route   14   for
approximately 750 feet for travel to and from the thruway tandem lot and
interchange  42 where the commissioner of transportation determines that
the vehicle or combination of vehicles could operate  safely  along  the
designated route and that no applicable federal law, regulation or other
requirement  prohibits  the  operation of such vehicle or combination of
vehicles on such route.
(ii) Within a distance of approximately .1 miles  from  the  New  York
state  interchange  43 traveling on state route 21 for approximately 600
feet for travel to and from the thruway tandem lot  and  interchange  43
where  the commissioner of transportation determines that the vehicle or
combination of vehicles could operate safely along the designated  route
and  that  no  applicable  federal  law, regulation or other requirement
prohibits the operation of such vehicle or combination  of  vehicles  on
such route.
17-a.  Except  over  any highway which is a part of a state interstate
route:
(i)  The  following  weight  limits  shall  apply  to  any  state   or
municipally owned single vehicle, equipped with pneumatic tires, engaged
in  snow  and  ice  control operations on public highways, including the
stockpiling of materials and abrasives therefor, with a  plow,  leveling
wing, or material hopper installed:
(a)  The total weight on any one wheel, shall not be more than sixteen
thousand pounds.
(b) The total weight  on  a  single  axle,  shall  not  be  more  than
thirty-two thousand pounds.
(c)  The  total  weight  on two consecutive axles, when such axles are
spaced less than ten feet from center to center, shall not be more  than
forty-two thousand pounds.
(d)  The  total weight on all axles of a two axle vehicle shall not be
more than fifty-two thousand pounds; the total weight on all axles of  a
three axle vehicle shall not be more than sixty-two thousand pounds.
(ii)  The  overall  width  of  any  state  or municipally owned single
vehicle, equipped with pneumatic tires, engaged in snow and ice  control
operations on public highways, shall not be more than twenty-five feet.
(iii)  The  following  weight  limits  shall  apply  to  any  state or
municipally  owned  single  vehicle,  equipped  with  pneumatic   tires,
designed or fitted for snow and ice control operations, while engaged in
other public works operations on public highways:
(a)  The total weight on any one wheel, shall not be more than sixteen
thousand pounds.
(b) The total weight  on  a  single  axle,  shall  not  be  more  than
thirty-two thousand pounds.
(c)  The  total  weight  on two consecutive axles, when such axles are
spaced less than ten feet from center to center, shall not be more  than
thirty-eight thousand pounds.
(d)  The  total weight on all axles of a two axle vehicle shall not be
more than fifty-two thousand pounds; the total weight on all axles of  a
three axle vehicle shall not be more than fifty-eight thousand pounds.
17-b.  Except  over  any highway which is a part of a state interstate
route, the following weight limits  shall  apply  to  any  fire  vehicle
equipped with pneumatic tires.
(a)  The  total weight on any one wheel shall not be more than sixteen
thousand pounds.
(b)  The  total  weight  on  a  single  axle  shall  not  be more than
thirty-two thousand pounds.
(c) The total weight on two consecutive axles,  when  such  axles  are
spaced  less than ten feet from center to center, shall not be more than
forty-two thousand pounds.
(d) The total weight on all axles of a two axle vehicle shall  not  be
more than fifty-two thousand pounds.
18.  Except as provided in subdivisions eighteen-a or nineteen of this
section, the violation of the provisions of  this  section  including  a
violation  related  to  the operation, within a city not wholly included
within one county, of a vehicle which exceeds the  limitations  provided
for   in   the   rules   and  regulations  of  the  city  department  of
transportation of such city, shall be punishable by a fine of  not  less
than  two hundred nor more than five hundred dollars, or by imprisonment
for not more than thirty days, or by both such  fine  and  imprisonment,
for  the first offense; by a fine of not less than five hundred nor more
than one thousand dollars, or by imprisonment for not  more  than  sixty
days,  or  by  both  such  fine  and  imprisonment,  for  the  second or
subsequent offense; provided that a sentence or  execution  thereof  for
any  violation  under  this  subdivision  may  not be suspended. For any
violation of the provisions  of  this  section,  including  a  violation
related  to  the operation, within a city not wholly included within one
county, of a vehicle which exceeds the limitations provided for  in  the
rules  and  regulations of the city department of transportation of such
city, the registration of the vehicle may be suspended for a period  not
to  exceed one year whether at the time of the violation the vehicle was
in charge of the owner or his agent.  The  provisions  of  section  five
hundred  ten  of  this  chapter shall apply to such suspension except as
otherwise provided herein.
18-a. A violation of the provisions of subdivisions two or fourteen of
this section, where the violation relates to the height of the  vehicle,
including a violation related to the operation, within a city not wholly
included  within  one county, of a vehicle which exceeds the limitations
provided for in the rules and regulations  of  the  city  department  of
transportation  of  such city, shall be punishable by a fine of not more
than one thousand dollars, or by imprisonment for not more  than  thirty
days, or by both such fine and imprisonment, for the first offense; by a
fine  of  not more than two thousand dollars, or by imprisonment for not
more than sixty days, or by both such fine  and  imprisonment,  for  the
second  or  subsequent  offense;  provided  that a sentence or execution
thereof for any violation under this subdivision may not  be  suspended.
For  any  violation of the provisions of subdivisions two or fourteen of
this section where the violation relates to the height of  the  vehicle,
including a violation related to the operation, within a city not wholly
included  within  one county, of a vehicle which exceeds the limitations
provided for in the rules and regulations  of  the  city  department  of
transportation  of  such  city,  the  registration of the vehicle may be
suspended for a period not to exceed one year whether at the time of the
violation the vehicle was in charge of  the  owner  or  his  agent.  The
provisions  of  section  five hundred ten of this chapter shall apply to
such suspension except as otherwise provided herein.
19. (a) A violation of the provisions of subdivision eight,  nine,  or
ten  of  this  section  by  any vehicle or combination of vehicles whose
weight exceeds the weight limitations as set forth in this section, or a
violation of such rules and regulations, by any vehicle  or  combination
of  vehicles whose weight exceeds the weight limitations as set forth in

this section or such rules and regulations, or a violation of the weight
limitations specified by permit issued pursuant to  subdivision  fifteen
of  this  section  shall be punishable by fines levied on the registered
owner  of  the vehicle or vehicles, whether at the time of the violation
the vehicle was in the charge of the registered  owner  or  the  owner's
agent or lessee in accordance with the following schedule:
Percent of excess weight                                Amount of fine
(percentage)
(dollars)
greater than                  less than or equal to
0                            2.0                            150
2.0                          4.0                            300
4.0                          6.0                            450
6.0                          7.0                            525
7.0                          8.0                            600
8.0                         10.0                            750
10.0                         12.0                            950
12.0                         14.0                          1,150
14.0                         16.0                          1,350
16.0                         18.0                          1,550
18.0                         20.0                          1,750
20.0                         22.0                          1,950
22.0                         24.0                          2,150
24.0                         26.0                          2,350
26.0                         28.0                          2,550
28.0                         30.0                          2,750
30.0                         32.0                          2,950
32.0                         34.0                          3,150
34.0                         36.0                          3,350
36.0                         38.0                          3,550
38.0                         40.0                          3,750
40.0                                                       3,750
or greater                                         plus $125 for
each percent
over 40 percent
 
(NOTE:  Where  the  total weight, axle weight or axle grouping weight is
greater than seven percent including any  applicable  enforcement  scale
tolerance in excess of the limits specified by a permit in areas outside
a  city  not  wholly contained in one county, the permit shall be deemed
voided and then the amount of fine shall  be  determined  in  accordance
with  the  maximum  weight  which  would  have  been  in  effect for the
operation of such vehicle if the permit to exceed  such  maximum  weight
had not been issued.
(b)  For  violations to which the penalties set forth in paragraph (a)
of this subdivision apply, in connection with the weighing of a  vehicle
or  combination of vehicles, if it is found that there is a violation of
subdivision ten of this section and also of subdivision eight or nine of
this section, or both subdivisions eight and nine of this section, there
shall be a single fine imposed and the maximum amount of such fine shall
not  exceed  the  highest  fine  that  could  be  imposed   under   this
subdivision.
(c)  Notwithstanding  paragraphs  (a)  and  (b) of this subdivision, a
violation of the provisions of subdivision ten of this section in a city
not wholly included within one county or of the provisions of the  rules
or  regulations  of  the city department of transportation setting forth
the maximum allowable gross weight for the operation  of  a  vehicle  in
such  city  without  a  permit  for  such  vehicle,  by  any  vehicle or

combination of vehicles whose weight exceeds the weight  limitations  as
set  forth in this section, or such rules and regulations, or the weight
limitations specified by permit issued pursuant to  subdivision  fifteen
of  this  section  (excluding  enforcement scale tolerance not to exceed
five percent) shall be punishable by  fines  levied  on  the  registered
owner  of  the vehicle or vehicles, whether at the time of the violation
the vehicle was in the charge of the registered owner or  his  agent  or
lessee in accordance with the following schedule:
 
Excess Total Weight
(pounds)                                             Amount of Fine
greater than            less than or equal to
(dollars)
0                       2,000                         50
2,000                       3,000                         75
3,000                       4,000                        100
4,000                       5,000                        200
5,000                       6,000                        300
6,000                       7,000                        400
7,000                       8,000                        500
8,000                       9,000                        600
9,000                      10,000                        700
10,000                      15,000                      1,200
15,000                      20,000                      1,700
20,000                      25,000                      2,200
25,000                      30,000                      2,700
30,000                      35,000                      3,200
35,000                      40,000                      3,700
40,000                      45,000                      4,200
45,000                      50,000 or greater           4,700
 
(NOTE:  Where  the  excess  total  weight  is  greater  than  the limits
specified by a permit, the permit shall be deemed voided  and  then  the
amount of fine shall be determined in accordance with the maximum weight
which would have been in effect for the operation of such vehicle if the
permit to exceed such maximum weight had not been issued.)
(d)  Notwithstanding  paragraphs  (a)  and  (b) of this subdivision, a
violation of the provisions of  subdivisions  eight  and  nine  of  this
section  in  a  city  not  wholly  included  within one county or of the
provisions of the  rules  or  regulations  of  the  city  department  of
transportation  setting  forth the maximum allowable axle or tandem axle
weight for the operation of a vehicle in such city without a permit  for
such  vehicle,  by  any  vehicle or combination of vehicles whose weight
exceeds the weight limitations as set forth in  this  section,  or  such
rules  or  regulations,  or  the  weight limitations specified by permit
issued  pursuant  to  subdivision  fifteen  of  this  section  shall  be
punishable  by  fines  levied  on the registered owner of the vehicle or
vehicles, whether at the time of the violation the vehicle  was  in  the
charge  of  the registered owner, or his agent, or lessee, in accordance
with the following schedule:
 
Percentage of excess weight
(percentage)                                         Amount of Fine
greater than          less than or equal to
(dollars)
0                       5.0                          100
5.0                      10.0                          200
10.0                      15.0                          350
15.0                      20.0                          600
20.0                      25.0                         1000
25.0                      30.0                         1600
30.0                      35.0                         2450
35.0                      40.0                         3600
40.0                      45.0                         5100
45.0                                                   7000
 
(NOTE:  Where the excess axle or axles weight is greater than the limits
specified by a permit, the permit shall be deemed voided  and  then  the
amount of fine shall be determined in accordance with the maximum weight
which would have been in effect for the operation of such vehicle if the
permit to exceed such maximum weight had not been issued.)
(e) In addition to the fines imposed by paragraphs (a), (c) and (d) of
this subdivision, the registration of the vehicle may be suspended for a
period  not  to exceed one year, whether at the time of the violation of
this section the vehicle was in charge  of  the  owner  or  the  owner's
agent,  or  lessee.  The  provisions of section five hundred ten of this
chapter shall apply to such suspension,  except  as  otherwise  provided
herein.
(f)  If  the  vehicle  is  the  subject of a permit issued pursuant to
paragraph (f)  of  subdivision  fifteen  of  this  section  and  if  the
registered  owner  of  a  vehicle  fails to appear on the return date or
subsequent adjourned date of a summons, appearance ticket or  notice  of
violation  issued  pursuant  to  this subdivision or fails to pay a fine
imposed pursuant to this subdivision, the registration of the vehicle or
the privilege of operating the vehicle in this state shall be  suspended
for  a  period  not  to  exceed one year. The suspension shall remain in
effect until the registered owner's appearance or payment of  the  fine.
The  commissioner  or  the  commissioner's agent may deny a registration
application  of  any  other  person  for  the  same  vehicle  where  the
commissioner  has  reasonable  grounds to believe that such registration
will have the effect of defeating the purpose of this paragraph.
20.  Notwithstanding  the  provisions  of   sections   three   hundred
eighty-five, sixteen hundred thirty, sixteen hundred thirty-one, sixteen
hundred  forty,  sixteen  hundred  forty-two,  sixteen hundred fifty and
sixteen hundred sixty of this chapter, nor of any  other  law,  statute,
ordinance, rule or regulation, the state, a city, county, town, village,
public  authority,  including  the  port  of  New  York  and  New Jersey
authority, or commission, or  any  department,  agency,  subdivision  or
other  entity  thereof,  shall  not  enact nor enforce any law, statute,
ordinance, rule or regulation with  respect  to  vehicle  dimensions  or
weights which shall violate any of the provisions of the federal surface
transportation  assistance  act of nineteen hundred eighty-two. Any such
law,  statute,  ordinance,  rule  or  regulation  which  results  in   a
notification  of  an imminent loss or withholding of federal highway aid
to the state shall to the degree inconsistent hereafter be  deemed  null
and void and shall not be enforced.
20-a. If a vehicle or combination of vehicles is operated in violation
of  this  section,  an appearance ticket or summons may be issued to the
registrant of the vehicle, or if  a  combination  of  vehicles,  to  the
registrant of the hauling vehicle rather than the operator. In the event
the  vehicle  is  operated  by  a  person other than the registrant, any
appearance ticket or summons issued to the registrant  shall  be  served
upon  the  operator, who shall be deemed the agent of the registrant for
the purpose  of  receiving  such  appearance  ticket  or  summons.  Such
operator-agent  shall  transmit such ticket or summons to the registrant
of the vehicle or the hauling vehicle. If the registrant does not appear
on the return date, a notice establishing a new return date  and  either
containing  all  pertinent  information  relating to the charge which is

contained on the summons or appearance ticket or accompanied by  a  copy
of  the  information  or  complaint shall also be mailed by certified or
registered mail by or on behalf of the court or administrative  tribunal
before  whom  the  appearance  ticket  or  summons  is returnable to the
registrant at the address given on the registration certificate for  the
vehicle,  or  if no registration certificate is produced at the time the
appearance ticket or summons is issued, to the address of the registrant
on file  with  the  department  or  given  to  the  person  issuing  the
appearance  ticket  or  summons.  Whenever  proceedings  in  a  court or
administrative tribunal of this state  result  in  a  conviction  for  a
violation  of this section, and the court or administrative tribunal has
made the mailing specified herein, the court or administrative  tribunal
shall  levy  a mandatory surcharge, in addition to any sentence or other
surcharge required or permitted by law, in the amount of thirty dollars.
This mandatory surcharge shall be paid to the  clerk  of  the  court  or
administrative  tribunal  that rendered the conviction. Within the first
ten days of the month following collection of the mandatory surcharge by
a town or village court, the court shall pay such  money  to  the  state
comptroller   who   shall,   pursuant  to  subdivision  two  of  section
ninety-nine-a of the state finance law, credit such money to the account
of the town or village which  sent  the  mandatory  surcharge.  If  such
collecting  authority  is  any  other  court  of  the  unified system or
administrative tribunal it shall, within such period, pay such money  to
the  state  comptroller  who  shall  deposit  such  money into the state
treasury.  The  provisions  of  this  subdivision  shall  not  apply  to
owner-operators  of any motor vehicle or to any motor vehicle or trailer
which is registered in the name of a person whose principal business  is
the  lease  or  rental  of  motor  vehicles or trailers unless the motor
vehicle or trailer is being operated by an employee of the registrant or
for a community of interest other than the  lease  or  rental  agreement
between the parties to the lease or rental agreement.
21.  The  court  may  impose  any  sentence authorized by this chapter
provided, however, any such sentence must include a fine as provided  in
this section.
22.  In  any  case  wherein the charge laid before the court alleges a
violation of this section, any plea  of  guilty  thereafter  entered  in
satisfaction  of such charge must include at least a plea of guilty to a
violation  of  one  of  the  subdivisions  of  this  section.  No  other
disposition  by  plea  of  guilty to any other charge in satisfaction of
such charge shall be authorized.  Provided,  however,  if  the  district
attorney  upon  reviewing  the  available  evidence  determines that the
charge of a violation of this section is not warranted, or suspension of
registration  is  not,  under  the  circumstances,  appropriate  he  may
consent,  and  the  court  may allow, a disposition by plea of guilty to
that or another charge in satisfaction of such  charge  and,  may  waive
suspension  of  registration  as  required  by  this  section, provided,
however, the court must impose at least the minimum fine  as  authorized
in this section for the offense of conviction.
23.  Except  on  highways designated as part of the interstate system,
the provisions of subdivisions six, seven, eight, nine, ten, eleven  and
twelve of this section shall not apply to any fire vehicle, as such term
is defined in section one hundred fifteen-a of this chapter.
24.  The  provisions  of  subdivisions  six,  seven, eight, nine, ten,
eleven and twelve of this section shall not apply to any tow truck  that
is  transporting  a  disabled  vehicle from the place where such vehicle
became disabled to the nearest appropriate repair  facility  and  has  a
gross  vehicle  weight  that  is  equal  to or exceeds the gross vehicle
weight of the disabled vehicle being transported.