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 154-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vehicles or combinations of
					 vehicles, the weight or dimensions of which exceed the limitations provided for in
					 section 385  of the Vehicle and Traffic Law, may be
					 operated or moved on highways under the jurisdiction of the Department of
					 Transportation for good cause when authorized under a permit (called a "special
					 hauling permit") issued by the Department of Transportation. A special hauling
					 permit shall not be considered valid unless the vehicle or combination of vehicles
					 is operated and maintained in accordance with New York State Law, the provisions of
					 this Part and with any other special requirements indicated on the permit.
(b) A copy of any valid special hauling permit
					 shall be kept with the driver of every such vehicle while the vehicle is in
					 operation within the State of New York and any other sticker which may be used to
					 identify the holder of such permit shall be affixed to the vehicle in accordance
					 with the instructions of the department. Failure of a vehicle to be identified as
					 herein required shall render the permit void. Upon request said permit shall be
					 displayed to any peace officer, acting pursuant to his or her special duties, or
					 police officer, or any other officer or employee authorized to enforce this section,
					 upon their request.
(c) A permit fee
					 will be charged for each special hauling permit issued in accordance with the fee
					 schedule as shown in section
					 154-1.20   of
					 this Subpart. Such fee shall be paid by a money order, a certified check, a bank
					 check, a check drawn on a New York State bank, or a negotiable instrument acceptable
					 to the New York State Department of Transportation, made payable to the New York
					 State Department of Transportation, and such fee shall be paid when application is
					 made for a permit. Permit fees are nonrefundable.
(d) The Commissioner of Transportation may waive
					 any of the provisions contained in the Part when special conditions
					 warrant.
(e) The Commissioner of
					 Transportation may revoke any permit issued pursuant to this Subpart without a
					 hearing or the necessity of showing cause.
(f) 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 and 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 63197-9000.
					 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.
(g) Except as provided by any
					 cooperative agreement under subsection 15-a of section 385  of the Vehicle and Traffic Law, or under
					 special circumstances involving public safety, potential damage to highways or
					 bridges, or operational reasonableness, special hauling permits authorize operation
					 on the State system of highways. If the department determines that such special
					 circumstances require the use of a highway not on the State system, the department
					 may issue a special hauling permit authorizing operation on a non-State system
					 highway only after notifying the affected municipality and allowing a minimum of 15
					 days for comment. Permits involving use of non-State system highways shall apply
					 only to movements which primarily involve the use of State system
					 highways.