reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-1 - Nondivisible Load Permits › Section 154-1.21 - Special requirements for overweight vehicles transporting highway route controlled quantity of radioactive material

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the requirements of section
						154-1.8 
						of this Subpart, the following special requirements shall apply to movements of
						overweight vehicles carrying highway route controlled quantity of radioactive
						material:
(a) The permittee shall
					 comply with all applicable regulations in title 49, Code of Federal
					 Regulations.
(b) Each vehicle
					 operating under an overweight highway route control quantity permit shall be
					 inspected by a New York State Department of Transportation Motor Vehicle
					 inspector and a valid "certificate of inspection" shall be carried in each
					 vehicle. At least three working days' notice must be given to the permit agent
					 for a vehicle inspection to be scheduled.
(c) The permittee shall notify the permit
					 agent prior to each shipment made during the permit period.
(d) The permittee shall notify the permit
					 agent immediately if an accident occurs.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply to divisible load over weight
						permits.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This rule arises out of a
					 legislative mandate to initiate, promulgate and monitor a permit system that
					 regulates the use of highways and bridges on the State highway system (outside of
					 New York City), by vehicles carrying weights in excess of that statutorily allowed.
					 Section 385, subdivision 15 of the Vehicle and Traffic Law is the controlling
					 statute.
(b) To prescribe requirements
					 for administering the program of divisible load overweight permits for State
					 highways.
(c) To establish guidelines
					 which take into consideration the safety of the traveling public and the protection
					 of the highways and the environment in connection with the issuance of divisible
					 load overweight permits.
(d) To
					 establish a schedule of fees for obtaining divisible load overweight
					 permits.
(e) Incorporation by reference.
					 The provisions of the Code of Federal Regulations (CFR) that have been incorporated
					 by reference in this Part have been filed in the Office of the Secretary of State of
					 the State of New York, the publication so filed being the books entitled: Title 49
					 CFR Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400 to 571 and Parts
					 572 to 999 revised as of October 1, 2022, published by the Office of the Federal
					 Register, National Archives and Records Administration, as a special edition of the
					 Federal Register. The incorporated regulations may be examined at the Office of the
					 Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY
					 12231-0001, at the law libraries of the New York State Supreme Court, the
					 Legislative Library, the New York State Department of Transportation, Office of
					 Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may
					 be purchased by mail from the US Government Publishing Office, New Orders, P.O. Box
					 979050, St. Louis, MO 631979000. The full text of the Code of Federal Regulations is
					 available in electronic format at
www.ofr.gov
.
					 Copies of the Code of Federal Regulations are also available at many public
					 libraries and bar association libraries.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.4 - Vehicle criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The following criteria apply for the issuance of
						divisible load overweight permits:
(a)
					 F1 Type 1 (three and four axle) and 1A (five or more axles) permits. On all
					 State highways, other than State highways in New York City, a permit may be
					 issued for the operation of a vehicle, or combination of vehicles, which have
					 at least three axles and whose wheelbase is not less than 16 feet. If the
					 combination of vehicles consists of a power unit and a trailer(s), the length
					 of any trailer cannot exceed 48 feet. The maximum gross weight of the vehicle
					 shall not exceed the lesser of: 102,000 pounds; the manufacturer's rating; or
					 42,500 pounds, plus 1,250 pounds per linear foot of wheelbase, provided however
					 or total additional 1,875 pounds may be added to the gross weight of the weight
					 computed under this formula for any additional axles in excess of three on a
					 single unit vehicle up to 24 feet in wheelbase, or any additional axles in
					 excess of five on a combination of vehicles with a minimum wheel base in excess
					 of 36 feet. Maximum axle and grouping weights shall not exceed the following:
(1) the steering axle 22,400
					 pounds;
(2) any other single axle
					 25,000 pounds;
(3) any tandem axle
					 group 47,000 pounds;
(4) any tridem
					 axle group 57,000 pounds;
(5) any
					 quad axle group 62,000 pounds; and
(6) any other group weight the gross weight
					 formula as provided by this section.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.6 - Combination permits

Current through Register Vol. 46, No. 28, July 10, 2024
(Note: Each power unit of a combination of vehicles must
						have its own divisible load overweight permit.)
(a) General. A permit issued for a
					 combination of vehicles may not be used for other trailers, or
					 combinations.
(b) All trailers must
					 be listed on the corresponding permit by VIN number, license plate number or
					 trailer Certificate of Title number.
(c) The permit categories (i.e., F1, F2, F3
					 and F4) cannot be interchanged, even though such interchanging would satisfy
					 the permit conditions of this Part.
(d) F4 and/or F5 and/or F6 permittees may
					 obtain an auxiliary F1 and/or F2 permit for statewide operation. An applicant
					 for an F4 and/or F5 and/or F6 permit shall specify on the permit application
					 that an auxiliary F1 and/or F2 permit is requested. There is an additional $65
					 fee for the auxiliary permit.
(e)
					 Each trailer must be listed on the permit. A trailer may be listed in the
					 following manner:
(1) a trailer listing may
					 include an unlimited number of trailers with the payment of a $20 fee for each
					 trailer after the first trailer listed; or
(2) a trailer listing may include an
					 unlimited number of trailers per permit so long as each trailer has the same
					 vehicle configuration as every other trailer listed. A $10 fee will be charged
					 for each trailer listed.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.7 - Financial responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
In order to protect the State of New York, the various
						political subdivisions thereof, and the public, every holder of a divisible
						load permit shall meet the insurance requirements described in this
						section.
(a) Liability insurance
					 coverage. Every holder of a divisible load permit shall procure and maintain a
					 policy of liability insurance coverage from a company duly authorized to
					 transact business in this State. Such insurance policy shall provide for
					 liability arising from the ownership, operation, maintenance, or use of each
					 vehicle for which a divisible load permit is granted and shall provide for at
					 least the following liability coverage.
(1)
					 for bodily injury to or death of one or more persons in any one accident,
					 $750,000 and for injury to or destruction of property in any one accident,
					 $250,000; or
(2) a combined single
					 limit for any one accident, $1,000,000.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.9 - Permit application information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Effective registration date. The
					 applicant must furnish a copy of the vehicle's registration to demonstrate
					 where applicable that the vehicle was prior to January 1, 1986 (F3, F4, F5 and
					 F6 permits). Once established, subsequent applications do not require
					 reverification provided the most recent permit number for the vehicle is set
					 forth in the application.
(b) The
					 applicant must furnish to the Department of Transportation vehicle measurements
					 consisting of:
(1) trailer length measured in
					 inches;
(2) number of axles as
					 defined in this Subpart;
(3)
					 manufacturer-recommended gross vehicle weight, as defined in this Subpart shall
					 be the maximum recommended gross weight as determined by the manufacturer for
					 vehicles manufactured on or after January 1, 1986;
(4) wheelbase measurements (in inches) as
					 defined in this Subpart;
(5) tire
					 size (the width at sidewalls in inches as designated on tire) and number of
					 tires for each axle; and
(6) axle
					 rating(s).
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.11 - Permit fees

Current through Register Vol. 46, No. 28, July 10, 2024
The following fees shall be charged for divisible load
						overweight permits. Fees shall be paid upon application. Fees shall be paid by
						money order, certified check, bank check, check drawn on a New York State bank,
						or a negotiable instrument acceptable to the department, and made payable to
						the New York State Department of Transportation.
(a) Per year vehicle fees.
(1) F1 permit:
(i) Type 1-$360
(ii) Type 1A (less than seven
					 axles)-$750
(iii) Type 1A (seven or
					 more axles)-$900
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.12 - Permit amendment

Current through Register Vol. 46, No. 28, July 10, 2024
A permit amendment upon application may be made to
						accommodate changes, for example, changes in power unit information, trailer
						changes, vehicle data spacings and/or ratings, tire size, license plate,
						etc.
(a) A permittee may request a
					 permit amendment for a substitute vehicle which complies with all requirements
					 and weight limitations of that category of permit. If an amendment is made to
					 add or delete trailers, those additional or new trailers must comply with the
					 weight limitations and any requirements of that category of the
					 permit.
(b) A $50 fee will be
					 charged for any amendment (unless otherwise indicated by this Subpart). For
					 each new trailer to be listed, an additional $10 or $20 fee will be charged
					 based on permit option. The department will provide an amendment application
					 form. Changing categories of permits are not allowed by amendment.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.13 - Renewal of permit and fees

Current through Register Vol. 46, No. 28, July 10, 2024
A permit issued under the provisions of this Subpart may
						be renewed on an annual basis prior to the expiration date of the permit,
						unless the permit was revoked, cancelled or became null and void. The fees,
						terms and conditions for the renewal shall be the same as the initial permit
						(see section
						154-2.10 and
						154-2.11 
						of this Subpart).
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.14 - Identification of permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 original permit must be carried in the vehicle to which it refers. Failure to
					 carry such permit shall result in the permit being null and void for that
					 particular operation or occurrence.
(b) The permit must be immediately 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, upon request.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.15 - Permit revocation

Current through Register Vol. 46, No. 28, July 10, 2024
All permits issued shall be revocable at the discretion
						of the department without a hearing or the necessity of showing cause.
						Revocation of permit may be imposed notwithstanding any determination by a
						court with respect to a permit related violation under section 385  of the Vehicle and Traffic Law.
(a) Notice of permit revocation. Whenever it
					 shall appear to the Department of Transportation that a permittee is not
					 complying with the provisions of this Part, the permittee may be given written
					 notice stating the nature of the violation. Upon notice, the permit shall be
					 deemed revoked for the period of time determined by the department, not to
					 exceed one year. The revoked permit must be surrendered immediately to the
					 department.
(b) Restricted permits.
					 If a permit holder operates a vehicle or combination of vehicles under a
					 restricted permit in violation of bridge or highway posting restrictions (i.e.,
					 traversing a bridge or a highway which cannot be legally traversed at the
					 higher authorization weight) the permit issued to such vehicle or combination
					 of vehicles shall be deemed void as of the next day and not subject to
					 reissuance for a period of 12 months from the date of the violation. All
					 permits for that power unit will be immediately voided for a period of 12
					 months from the date of the violation.
(c) Notwithstanding subdivisions (a) and (b)
					 of this section, the permittee may request a hearing, to contest the facts as
					 set forth in the notice of revocation. If the permittee contests issues of
					 fact, the department shall schedule a hearing.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.16 - Replacement rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) F1
					 and F2 permits. Replacement rights attach to a self-powered vehicle, tractor or
					 power unit which is registered and currently permitted in New York. Upon the
					 transfer of a vehicle to which a permit is or has been permitted within the
					 last four years the permit eligibility rights of the vehicle must be clearly
					 identified. Permit rights cannot be transferred to a new owner or company
					 unless transferred with the vehicle and are part of the sale of the business.
(1) A certificate of grandfather rights may
					 be obtained in connection with a divisible load overweight permit from the
					 Department of Transportation for each tractor or power unit which is
					 operational on public highways.
(2)
					 The new owner of a business will not be eligible for a divisible load
					 overweight permit for the purchased vehicle(s) unless a certificate of
					 grandfather rights is submitted with the application.
(3) If a permit is revoked pursuant to this
					 Part the certificate of grandfather rights issued pursuant to the revoked
					 permit may be modified, or found null and void, and must be returned to the
					 department immediately.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.17 - Replacement vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
A replacement vehicle may be eligible for a divisible
						load overweight vehicle permit, if the replacement vehicle complies with the
						following:
(a) Statewide (F1 and F2)
					 permits:
(1) The replacement vehicle or
					 combination must replace a vehicle(s) or combination whose power unit is
					 currently permitted. For vehicle(s) or combination(s) which have been permitted
					 within the last four years, but are not currently permitted, permits may be
					 replaced when available.
(2) The
					 manufacturer-recommended gross vehicle weight rating of the replacement vehicle
					 or combination of vehicles must meet or exceed the weight for which a permit
					 may be issued based on prior permit category if currently permitted.
(3) The manufacturer-recommended gross
					 vehicle weight rating of the replacement vehicle or combination of vehicles
					 must meet or exceed the weight for which a permit may be issued based on permit
					 category: if currently permitted and applying at renewal time, or for
					 vehicle(s) or combination of vehicles which have been permitted within the last
					 four years, but are not currently permitted.
(4) The maximum load a replacement vehicle or
					 combination of vehicles may carry shall not exceed the maximum load which is
					 certified by the manufacturer or the registered weight of the vehicle or
					 combination of vehicles (replacement or replaced), whichever is
					 lower.
(5) The number of
					 replacement vehicles may not exceed the total number of vehicles
					 replaced.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.18 - Excess or banked weight capacity (F4, F5 and F6 only)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The banked capacity for a registered
					 owner must have been established with the department prior to January 1, 1988.
					 The banked weight capacity for a vehicle(s) is the weight for which the vehicle
					 was permitted at the time banked weight capacity was established. The banked
					 weight capacity will be maintained in an account for each registered owner. The
					 banked capacity shall be established by a single vehicle or the power unit of a
					 combination of vehicles and not by the trailers.
(b) Excess weight capacity arises from one or
					 more of the four following situations:
(1) a
					 replacement vehicle having a gross vehicle weight less than the banked weight
					 capacity of the replaced vehicle; or
(2) by the statutory reduction in maximum
					 weights or phasing out of a permit type under the F4, or F5 permit over the
					 phase-down period; or
(3) the
					 difference in weight between two or more permit types when the higher weight
					 permit(s) is surrendered. If this is done the grandfather weight will be
					 reduced to the new permit level; or
(4) the voluntary surrender of a permit to be
					 credited to a company's excess banked weight. Once this permit weight is
					 surrendered, this vehicle can no longer obtain a permit under this same
					 account.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.19 - Leasing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The lessee of a
					 leased vehicle, who has an exclusive leasing arrangement that exceeds 30 days,
					 will be presumed to be the registered owner, unless shown otherwise.
(b) The lessor will have grandfather rights
					 for banked weight capacity for F3, F4, F5 or F6 permits to the power units
					 only. Leased trailer do not have grandfather rights.
(c) A leasing entity must have had its
					 vehicles registered in New York prior to January 1, 1986 for F3, F4, F5 or F6
					 category permits, or currently registered New York for F1 and F2 category
					 permits in order to obtain a divisible load overweight permit for such
					 vehicles. The vehicle must be registered in New York at the time of permit
					 application and for the duration of that permit. To obtain grandfather rights
					 for banked weight capacity for F3, F4, F5 or F6 category permits, the leasing
					 entity must have obtained divisible load overweight permit(s) on power units
					 during the first three months of 1986.
(d) Immediate emergency leasing. An immediate
					 emergency leasing occurs when leasing is required either to complete a
					 delivery(s) or to remove a vehicle from the highway for safety purposes. The
					 permit will be automatically amended.
(1) The
					 burden is on the owner/lessee to establish that an immediate emergency leasing
					 situation exists.
(2) The immediate
					 emergency leasing will only be valid for two days.
(3) Permit violations are borne by the
					 lessee/owner.
(4) The lease must be
					 carried in the leased vehicle and be open to inspection upon request.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.20 - New York City permit authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The New York City Department of Transportation may issue permits for the
					 operation of vehicles or combination of vehicles which exceed the weight
					 limitations provided for in the New York City Department of Transportation
					 rules and regulations. This authority encompasses highways on the State highway
					 system in New York City.
(b) The
					 New York City Department of Transportation rules and regulations may include
					 different weight limitations, and schedule of fees charged for the issuance of
					 permits, as well as any other requirements deemed necessary by the city
					 commissioner of transportation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.21 - State Motor Carrier Advisory Council

Current through Register Vol. 46, No. 28, July 10, 2024
The State Motor Carrier Advisory Council established by
						chapter 656 of the Laws of 1993 is housed within the department. Correspondence
						shall be addressed to the Advisory Counsel, Department of Transportation,
						Building 5, Room 311, Averill W. Harriman State Office Building Campus, Albany,
						NY 12232.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-2 - Divisible Load Overweight Permits › Section 154-2.22 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-3 - Nondivisible Load Status Determinations › Section 154-3.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply to nondivisible load overweight
						permits.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-3 - Nondivisible Load Status Determinations › Section 154-3.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to 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
						section 385, subdivision 15, of the Vehicle and Traffic Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-3 - Nondivisible Load Status Determinations › Section 154-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, unless the context requires
						otherwise, the following words and terms shall have the following
						meanings:
(a) Nondivisible load shall
					 mean a load of which any unit is not from its nature or by mercantile usage
					 treated as the equivalent of any other unit because of physical differences in
					 size, shape, texture and/or quality. A nondivisible load shall mean one piece
					 or item which cannot be separated into units of less weight without affecting
					 the physical integrity of the load. A nondivisible load is not a fungible load.
					 Fungible loads consist of articles which are not distinguishable by the
					 ascertainment of weight and measure. The constituent parts which make up
					 nondivisible loads are distinguishable from each other by physical differences
					 in size, shape, texture and/or quality. Examples of nondivisible loads may
					 include, but are not limited to, single poles, girders, columns, wood or metal
					 trusses, buildings and houses and determinations made pursuant to this Subpart.
					 By statute, a nondivisible load includes bulk milk.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-3 - Nondivisible Load Status Determinations › Section 154-3.3 - Criteria to be used in connection with an overweight nondivisible load status determination

Current through Register Vol. 46, No. 28, July 10, 2024
The following criteria shall be taken into consideration
						by the Commissioner of Transportation or his/her designee(s) in connection with
						an overweight nondivisible load status determination:
(a) vehicle type;
(b) vehicle dimensions -- length, width,
					 height;
(c) effective duration of
					 the permit;
(d) time of day of the
					 proposed operation (daytime or nighttime operation);
(e) whether the load can be reduced to legal
					 limits or dimensions;
(f) highway
					 geometrics of the route to be used--to include, but not be limited to: maximum
					 degree of road curvature; intersection radii; roadway width; passing
					 restrictions; operational characteristics of roadway (accident rates, traffic
					 volumes, etc.); degree and length of grade; such other factors as may be
					 relevant in connection with the particular road or roads involved;
(g) time of year of the proposed
					 operation;
(h) type of
					 load--dimensions (i.e., length, width, diameter, destructability);
(i) location of plants or manufacturing
					 facilities that would be served by vehicles with overweight nondivisible load
					 status;
(j) economic effects on the
					 industry upon the grant or denial of overweight nondivisible load
					 status;
(k) any practical
					 considerations that may require that the load remain one piece, item or
					 grouping in transit;
(l) whether
					 the load is contained in a locked or a sealed container;
(m) routing restrictions and conditions
					 (i.e., bridge restrictions, construction restrictions, highway restrictions,
					 length and width restrictions, height restrictions, and any other county or
					 municipal restrictions);
(n) route
					 origins and destinations;
(o)
					 estimated annual highway usage;
(p)
					 any contractual obligations relative to hauling or delivering of
					 items;
(q) liability insurance
					 coverage;
(r) preservation of the
					 highways and bridges;
(s) safety of
					 the traveling public;
(t)
					 appropriate coordination with other authorities (i.e., Bridge and Tunnel
					 Authority, New York City Thruway Authority); and
(u) any other matters that the Commissioner
					 of Transportation or his/her designee(s) shall deem to be appropriate in making
					 a status determination.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 154 - Special Hauling Permits › Subpart 154-3 - Nondivisible Load Status Determinations › Section 154-3.4 - Status determination procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant must submit in writing a
					 request for nondivisible load status to the Department of Transportation,
					 Permit Unit, Building 5, Room 311, State Campus, 1220 Washington Avenue,
					 Albany, NY 12232. The written request must contain an explanation as to why the
					 particular load meets the criteria as established in this Subpart.
(b) The commissioner, or his/her designee(s),
					 shall render a determination of the applicant's request within 10 days after
					 the receipt of the request. This determination shall be final.
(c) Once nondivisible load status is granted,
					 the applicant is eligible for a nondivisible load permit, and any permit
					 therefor shall be issued in accordance with the procedures of this
					 Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 155 - Traffic Regulations On Restricted Highways › Section 155.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
The term restricted highway when used in this Part shall
					 mean any highway or portion thereof under construction or reconstruction under
					 the supervision of the Commissioner of Transportation, and which is designated
					 by the commissioner as a restricted highway pursuant to section 104-a  of the Highway
					 Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 155 - Traffic Regulations On Restricted Highways › Section 155.2 - Traffic control devices

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise posted, traffic control devices used on
					 restricted highways shall conform to the requirements of the Vehicle and
					 Traffic Law.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 155 - Traffic Regulations On Restricted Highways › Section 155.3 - Flagmen

Current through Register Vol. 46, No. 28, July 10, 2024
Operators of vehicles on restricted highways shall follow
					 the directions of any flagman with respect to movement of such
					 vehicles.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 155 - Traffic Regulations On Restricted Highways › Section 155.4 - Control of persons and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Construction personnel and equipment engaged in work on
					 such restricted highway shall be afforded the widest latitude in operating
					 within the restricted highway consistent with the safety of the traveling
					 public. This shall include, but not be limited to, the crossing of the highway
					 and the mall; the shutting-off of lanes of travel consistent with the contract
					 and the orders of the Commissioner of Transportation or his duly authorized
					 agent; the loading, unloading and manipulation of material; the movement and
					 direction of vehicles and equipment; and other similar operations necessary to
					 the reasonable and practical performance of the contract.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 155 - Traffic Regulations On Restricted Highways › Section 155.5 - Other requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The other provisions of the Vehicle and Traffic Law
					 relating to motor vehicles shall not apply to special purpose construction
					 equipment, such as described in section 401, subdivision 7, paragraph (f) of
					 the Vehicle and Traffic Law, while engaged in work on a restricted highway,
					 except that all such vehicles and equipment shall be kept in safe mechanical
					 operating condition at all times and reasonable caution shall be used to
					 protect the traveling public. However, such other provisions shall apply to
					 those vehicles that normally operate on public highways to transport persons
					 and/or material and are ordinarily considered commercial
					 vehicles.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 155 - Traffic Regulations On Restricted Highways › Section 155.6 - Emergency or unusual conditions

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Transportation may, by the erection of
					 signs, signals or other traffic control devices, alter or modify the provisions
					 of this Part to adequately protect the public at locations where emergency or
					 unusual conditions occur or exist as a result of the construction or
					 reconstruction on a restricted highway. These alterations or modifications
					 shall have the same force and effect as though they were specifically set forth
					 in this Part and shall remain in force until the condition is considered by the
					 commissioner to be safe and the erected signs, signals or other traffic control
					 devices have been officially removed.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 155 - Traffic Regulations On Restricted Highways › Section 155.7 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall be effective with respect
					 to a specific restricted highway from the date the highway is designated a
					 restricted highway by an official designation of the Commissioner of
					 Transportation until the restriction is removed by a notice of cancellation of
					 such designation issued by the Commissioner of Transportation. The provisions
					 of this Part shall also be effective with respect to all restricted highways
					 which have heretofore been designated as restricted highways by the
					 Commissioner of Transportation and on which the restriction has not been
					 removed by a notice of cancellation issued by the Commissioner of
					 Transportation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term rest
				  area, when used in this Part, shall mean any area provided by the State
				  Department of Transportation along State highways, maintained by the State and
				  designated as " rest area" by signs caused to be erected within the State
				  highway right-of-way by the Commissioner of Transportation.
(b) The term parking area, when used in this
				  Part, shall mean any area provided by the State Department of Transportation
				  along State highways, maintained by the State and designated as " parking area"
				  by signs caused to be erected within the State highway right-of-way by the
				  Commissioner of Transportation.
(c)
				  The term scenic overlook, when used in this Part, shall mean any area provided
				  by the State Department of Transportation along State highways, maintained by
				  the State and designated as "scenic overlook" by signs caused to be erected
				  within the State highway right-of-way by the Commissioner of
				  Transportation.
(d) The term
				  vehicle, when used in this Part, shall mean every device in, upon or by which
				  any person or property is or may be transported or drawn upon a highway, except
				  devices moved by human power.
(e)
				  The term commercial activity, when used in this Part, shall include the
				  exhibiting of goods or samples of goods for sale and the taking of orders
				  therefor, the exchange of commercial paper, the buying and selling of goods and
				  services, the transfer of commercial cargoes or portion of cargoes from one
				  vehicle to another, the advertising of goods and services, the solicitation of
				  riders, the solicitation from or selling to an occupant of any vehicle, or any
				  other activity in furtherance of a transaction of commerce, trade or mercantile
				  pursuits.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.2 - Speed

Current through Register Vol. 46, No. 28, July 10, 2024
Vehicles within rest or parking areas or scenic overlooks
					 shall at all times be operated at a speed which is reasonable and prudent under
					 the circumstances, but in no event shall any vehicle be operated at a speed in
					 excess of 25 miles per hour in any rest or parking area or scenic
					 overlook.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.3 - Parking

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Vehicles shall be parked only in those portions of rest or parking areas or
				  scenic overlooks designated for parking and in accordance with the sign or
				  striping scheme found therein.
(b)
				  In no event shall a vehicle be parked in such a manner as to block ingress or
				  egress to or from a rest or parking area or scenic overlook, or to prevent the
				  free movement of another vehicle therein.
(c) Parking of vehicles for longer than three
				  hours during the hours of darkness is not permitted in any rest or parking area
				  or scenic overlook; provided, however, that a commercial motor vehicle, as
				  defined in section
				  820.1 
				  of this Title of this Title, may, except as provided otherwise by the
				  Department of Transportation by the posting of signs, remain motionless at such
				  an area for up to ten hours if the commercial vehicle driver is present and is
				  required to use this period as off duty or sleeper berth time to allow rest in
				  accordance with Federal or State motor carrier safety hours of service
				  regulations.
(d) Vehicles shall not
				  be left unattended in rest or parking areas or scenic overlooks, unless the
				  owner, operator or a passenger thereof is within the rest or parking area or
				  scenic overlook or is on adjacent land to which access is permitted. However,
				  in the case of mechanical failure, a vehicle may be left in a rest or parking
				  area or scenic overlook with a notice attached to the windshield setting forth
				  the name and address of the owner or operator, the nature of the mechanical
				  failure, and the date and time when the owner or operator left the rest or
				  parking area or scenic overlook.
(e) In no event shall any vehicle be parked
				  or left in a rest or parking area or a scenic overlook for more than 24
				  hours.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.4 - Camping

Current through Register Vol. 46, No. 28, July 10, 2024
Camping is prohibited in rest or parking areas or at scenic
					 overlooks. No tent or shelter shall be erected in any rest or parking area or
					 scenic overlook.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.5 - Littering, refuse disposal, sanitary waste

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Littering of rest or parking areas or
				  scenic overlooks, and areas adjacent to rest or parking areas or scenic
				  overlooks, is prohibited.
(b)
				  Persons using rest or parking areas or scenic overlooks for picnics or eating
				  purposes shall clean up tables, benches and any other area used by them and
				  shall deposit all refuse in trash receptacles, if provided at the
				  site.
(c) Refuse accumulated in the
				  normal use of vehicles, other than house trailers or camping vehicles, may be
				  deposited in trash receptacles, if provided at the site.
(d) No other refuse of any sort may be
				  disposed of in a rest or parking area or scenic overlook.
(e) Under no circumstances may sanitary
				  wastes, human or animal, be disposed of at any rest or parking area or scenic
				  overlook, except that normal use may be made of any sanitary facilities in rest
				  or parking areas or scenic overlooks.
(f) Fluids from any vehicle shall not be
				  drained and deposited in any rest or parking area or scenic overlook.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.6 - Fires

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  kindle, build, maintain or use a fire in any rest or parking area or scenic
				  overlook, except in fireplaces provided at the site, in portable fireplaces or
				  charcoal braziers, or in stoves.
(b) Any fire shall be continuously under the
				  care and direction of a competent person from the time it is kindled until it
				  is extinguished, and no fire shall be built within 10 feet of any tree,
				  building or in any underbrush.
(c)
				  No person shall throw away or discard any lighted match, cigar or cigarette
				  within or against any building, structure, vehicle, enclosure or trash
				  receptacle, or under any tree or in underbrush or grass, in any rest or parking
				  area or scenic overlook.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.7 - Commercial activity, solicitation of funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person other than those authorized by
				  the Commissioner of Transportation, pursuant to section 88, subdivision 10,  of
				  the Highway Law, shall carry on any commercial activity in any rest or parking
				  area or scenic overlook. No person shall solicit funds for any purpose in any
				  rest or parking area or scenic overlook.
(b) The prohibition against commercial
				  activity shall not operate to prevent the use, in the normal course of travel,
				  of rest or parking areas or scenic overlooks by commercial vehicles bearing
				  advertisements.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.8 - Entering from or exiting to adjacent land along controlled access highways

Current through Register Vol. 46, No. 28, July 10, 2024
Along a controlled access highway, no person or vehicle
					 shall enter a rest or parking area or scenic overlook from any adjacent private
					 land, or exit from a rest or parking area or scenic overlook to any adjacent
					 private land, for any purpose. Along a controlled access highway, only
					 designated entrances and exits shall be used by persons and
					 vehicles.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.9 - Animals or pets

Current through Register Vol. 46, No. 28, July 10, 2024
Animals or pets brought into rest or parking areas or
					 scenic overlooks shall at all times be confined within vehicles or cages, or
					 restrained by a proper leash.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.10 - Damage to property

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall injure, deface, disturb or befoul any part
					 of any rest or parking area or scenic overlook, nor any building, sign,
					 equipment or other property of the State located thereon, nor shall any tree,
					 flower, plant, shrub, rock or other mineral be injured, destroyed or removed
					 from such rest or parking area or scenic overlook.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter C - Highway Use And Maintenance › Part 156 - Use Of Rest And Parking Areas And Scenic Overlooks › Section 156.11 - Alcoholic beverages

Current through Register Vol. 46, No. 28, July 10, 2024
Consumption of alcoholic beverages shall not be permitted
					 within any rest or parking area or scenic overlook.