reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.1 - General applicability and definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner of Transportation adopts
					 part 390 of title 49 of the
Code of Federal Regulations
(CFR)
					 with the same force and effect as though herein fully set forth at length for
					 those motor carriers operating commercial motor vehicles in commerce.
(b)
Commerce.
The term
commerce
shall mean trade,
						traffic, commerce or transportation within the jurisdiction of New York State
						which affects trade, traffic, commerce or transportation within the
						State.
(c)
Commercial
					 motor vehicle.
For the purposes of this Part, excepting section
						820.2,
						wherever in the provisions of title 49 CFR, herein adopted, reference is made
						to
commercial motor vehicle
such reference shall mean any
						self-propelled or towed motor vehicle used on a highway in commerce to
						transport passengers or property when the vehicle:
(1) has a gross vehicle weight rating or
					 gross combination weight rating, or gross vehicle weight or gross combination
					 weight of 4,537 kg (10,001 pounds) or more, whichever is greater; or
(2) is designed or used to transport more
					 than eight passengers, including the driver for compensation; or
(3) is designed or used to transport more
					 than 15 passengers, including the driver, and is not used to transport
					 passengers for compensation; or
(4)
					 is used in transporting material found by the Secretary of Transportation to be
					 hazardous under
					 49 U.S.C. section
					 5103 and transported in a quantity requiring
					 placarding under regulations prescribed by the secretary under 49 CFR, subtitle
					 B, chapter I, subchapter C.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.2 - Commercial driver's license standards and controlled substances and alcohol use and testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 Commissioner of Transportation adopts part 383 of title 49 of the
Code
					 of Federal Regulations
(CFR) with the same force and effect as though
					 herein fully set forth at length for every person and to all employers of such
					 persons who operate a commercial motor vehicle in intrastate, interstate, or
					 foreign commerce, and is subject to the commercial driver's license
					 requirements pursuant to of the Vehicle and Traffic Law section 501-a and this
					 Part.
(b) The Commissioner of
					 Transportation adopts part 382 of title 49 CFR with the same force and effect
					 as though herein fully set forth at length for every person and to all
					 employers of such persons who operate a commercial motor vehicle in commerce,
					 and is subject to the commercial driver's license requirements pursuant to
					 Vehicle and Traffic Law section 501-a and  49 CFR part 395.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.3 - Qualifications of drivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 Commissioner of Transportation adopts part 391 of title 49 of the
Code
					 of Federal Regulations
(CFR) with the same force and effect as though
					 herein fully set forth at length with respect to drivers of commercial motor
					 vehicles, as herein defined operating in interstate or foreign
					 commerce.
(b) The Commissioner of
					 Transportation adopts     49 CFR part 391     with the same force and effect as though
					 herein fully set forth at length with respect to drivers operating solely in
					 intrastate commerce operating motor vehicles:
(1) designed or used to transport 16 or more
					 passengers, including the driver; or
(2) used in transporting material found by
					 the Secretary of Transportation to be hazardous under
					 49 U.S.C. section
					 5103 and transported in a quantity requiring
					 placarding under regulations prescribed by the secretary under title 49 CFR,
					 subtitle B, chapter I, subchapter C.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.4 - Driving of commercial motor vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Transportation adopts part 392 of
						title 49 of the
Code of Federal Regulations
with the same
						force and effect as though herein fully set forth at length.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.5 - Parts and accessories necessary for safe operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Commissioner of Transportation adopts
					 Part 393 of Title 49 of the Code of Federal Regulations with the same force and
					 effect as though herein fully set forth at length.
(b) Motor carrier information required to be
					 displayed in altered motor vehicles commonly referred to as "stretch
					 limousines". Motor carriers operating altered motor vehicles must conspicuously
					 display the following information in the vehicle and at their business
					 locations: proof of valid operating authority, inspection history data, driver
					 qualifications, toll free hotline and website for complaints. Such information
					 shall be displayed in accordance with the sample documentation provided by the
					 Department.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.6 - Hours of service of drivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General applicability for interstate or foreign commerce.
The Commissioner of Transportation adopts part 395 of
						title 49 of the
Code of Federal Regulations
(CFR) with the
						same force and effect as though herein fully set forth at length and shall
						apply to all motor carriers and drivers of commercial motor vehicles as defined
						in section
						820.1 
						of this Part operating in interstate or foreign commerce.
(b)
General applicability for
					 intrastate commerce.
The Commissioner of Transportation adopts  49 CFR part 395
						 with the same force and effect as though herein fully set forth at length and
						shall apply to all motor carriers and drivers of commercial motor vehicles as
						defined in section
						820.1 
						of this Part operating in intrastate commerce except that the provisions of
						this section shall not apply to:
(1)
					 the operation of a commercial motor vehicle owned by a farmer and operated by
					 himself or an employee when used in the hauling of farm, dairy, or
					 horticultural products and farm supplies for himself or his farm neighbors to
					 market;
(2) the operation of tow
					 trucks while responding to requests to provide roadside service or to remove
					 wrecked, disabled, abandoned or illegally parked motor vehicles; or
(3) nor shall the hours of service accrue to
					 a driver of a utility service vehicle. For purposes of this regulation, utility
					 service vehicle means any commercial motor vehicle:
(i) used in the furtherance of repairing,
					 maintaining, or operating any structures or any other physical facilities
					 necessary for the delivery of public utility services, including the furnishing
					 of electric, gas or steam service, water, sanitary sewer, telephone, and
					 television cable or community antenna service;
(ii) while engaged in any activity
					 necessarily related to the ultimate delivery of such public utility services to
					 consumers, including travel or movement to, from, upon, or between activity
					 sites (including occasional travel or movement outside the service area
					 necessitated by any utility emergency as determined by the utility provider);
					 and
(iii) except for any occasional
					 emergency use, operated primarily within the service area of a utility's
					 subscribers or consumers, without regard to whether the vehicle is owned,
					 leased, or rented by the utility.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.7 - Inspection, repair and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Transportation adopts part 396 of
						title 49 of the
Code of Federal Regulations
with the same
						force and effect as through herein fully set forth at length.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.9 - Investigation of motor carrier files

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Transportation and the Commissioner
						of Motor Vehicles shall have the authority to examine or investigate the
						operation of motor carriers and their compliance with rules and regulations
						promulgated pursuant to the New York State Vehicle and Traffic Law articles
						19-A and 19-B, Transportation Law, articles 2, 6, 7, 8, 9, 9-A and 9-B, and
						this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.10 - Penalties and remedies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 person who operates, or any corporation, company, association, joint stock
					 association, partnership, person or any officer or agent thereof, who shall
					 require or permit any person to operate, a motor vehicle in violation of the
					 department's safety rules and regulations, shall be guilty of a traffic
					 infraction and all of the provisions of the Vehicle and Traffic Law, except as
					 otherwise specifically provided herein, shall be applicable thereto.
(b) Any person violating the provisions of
					 section
					 820.6 
					 of this Part as it pertains to hours of service of drivers or failing to keep
					 or falsifying any records to be kept in compliance therewith, or any
					 corporation, company, association, joint-stock association, partnership, person
					 or any officer or agent thereof, who shall require or permit any person to
					 violate the provisions of this section or to falsify any record to be kept in
					 compliance therewith shall be guilty of a misdemeanor and punishable by a fine
					 of $200, or by imprisonment not exceeding six months, or both.
(c) Any person, corporation, company,
					 association, joint stock association, partnership, person or any officer or
					 agent thereof, found guilty of violating any of the department's safety rules
					 or regulations involving an out-of-service defect relating to brake systems,
					 steering components and/or coupling devices, except with regards to farm plate
					 vehicles, as defined in section
					 820.1 
					 of this Part, and except for the transportation of hazardous materials, shall
					 be subject to a fine of:
(1) not less than
					 $350 nor more than $1,000 for the first offense; and
(2) not less than $1,000 nor more than
					 $2,500, or by imprisonment for not more than 60 days or by both such fine and
					 imprisonment upon being found guilty of a second or subsequent offense
					 committed within eighteen months.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.11 - Exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of Transportation shall have the
						authority pursuant to this Part to exempt certain motor carriers or drivers
						from the provisions of this Part in accordance with Federal rules and
						regulations pursuant to title 49 of the
Code of Federal
						Regulations
. In no event shall any exemption, modification of a
						requirement or other relief be granted which shall be less protective of public
						safety or longer in duration than any exemption which may have been granted by
						the United States Department of Transportation.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.12 - Inspection of motor vehicles in operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any duly authorized employee or agent of
					 the department and all police officers are authorized to enter upon and perform
					 inspections of motor vehicles and review drivers"TM
					 credentials in operation and to stop such vehicles for the purposes of
					 inspection, to perform inspections of motor carriers' facilities and records at
					 any time and place where they are found, to ascertain whether the rules and
					 regulations of the commissioner are being obeyed and to ascertain whether such
					 vehicles are maintained, equipped and operated in accordance with the
					 regulations contained in this Part.
(b) Forms approved or designated by the
					 department shall be used to record findings from motor vehicles selected for
					 inspection by authorized department employees or agents of the
					 department.
(c)
Motor
					 vehicles declared out of service.
(1)
					 Authorized department employees, agents of the department, and any police
					 officer shall declare and mark "out of service" any motor vehicle which by
					 reason of its mechanical condition or loading is so imminently hazardous to
					 operate as to be likely to cause an accident or a breakdown. Forms designated
					 by the department shall be used by authorized department employees and agents
					 to mark vehicles and drivers "out of service."
(2) No motor carrier shall require or permit
					 any person to operate nor shall any person operate any motor vehicle declared
					 and marked "out of service" until all repairs required by the "out of service
					 notice" or the department designated inspection form have been satisfactorily
					 completed. The term operate as used in this section shall include towing the
					 vehicle; provided, however, that vehicles marked "out of service" may be towed
					 away by means of a vehicle using a crane or hoist or on a flat bed trailer or
					 semitrailer; and provided further, that the vehicle combination consisting of
					 emergency vehicle and the "out of service" vehicle meets the performance
					 requirements of this Part.
(3) No
					 person shall remove the "out of service" sticker from any motor vehicle prior
					 to completion of all repairs required by the out of service notice.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.13 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of the Code of Federal Regulations 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 publications so filed being the
						books entitled: Title 49 Code of Federal Regulations 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 provisions
						of Subpart B Part 395 of Title 49 the Code of Federal Regulations specifically
						include the Electronic Logging Device requirement and that is incorporated by
						reference into section 820.6   of this Part. 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, 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.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 3 - Safety › Part 820 - Safe Operations of Commercial Motor Vehicles by Motor Carriers and Drivers › Section 820.14 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
Safety requirements, Transportation Law §
						  140.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.0 - Introductory

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All tariffs
					 filed on or after the effective date of this Part [April 1, 1974], unless
					 otherwise authorized by special permission of the commissioner, must conform
					 with this Part, except that local tariffs consisting of not more than four
					 pages (including the title page) of carriers regularly operating not more than
					 five trucks may be published under the provisions of Part 825 of this Title.
					 The commissioner may direct the reissue of any tariff, power of attorney or
					 concurrence at any time.
(b) This
					 Part contains no rules with respect to suspension of tariff provisions or
					 transfer of operations. Procedure in such instances will be outlined in the
					 commissioner's orders relating thereto.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term tariff
					 as used herein is construed to mean a publication stating the rates, charges,
					 classification ratings, rules and regulations (or any of them) of a common
					 carrier or carriers.
(b) The term
					 local rate as used herein is construed to mean a rate that applies over the
					 lines or routes of one carrier only. Local tariffs are those that contain only
					 local rates.
(c) The term joint
					 rate as used herein is construed to mean a rate that applies over the lines of
					 two or more carriers, and that is made by arrangement or agreement between such
					 carriers as evidenced by concurrence or power of attorney. Joint tariffs are
					 those that contain only joint rates.
(d) The term proportional rate as used herein
					 is construed to mean a rate to be used only as a factor in constructing through
					 rates to or from points beyond the line of a carrier on traffic, the character
					 of which or on which the unit of weight is not changed en route. Proportional
					 tariffs are those that contain only proportional rates.
(e) The term commodity rate as used herein is
					 construed to mean a rate on a commodity or commodities specifically named or
					 described in the tariff publishing such rate, or in a tariff containing a list
					 of such commodities when reference is made to such tariff. Commodity tariffs
					 are those that contain only commodity rates.
(f) The term class rate as used herein is
					 construed to mean a rate that applies on any one or more of various articles
					 assigned to a class in the classification of articles in the class rate tariff,
					 or in a classification or in a tariff of exceptions to a classification. Class
					 rate tariffs are those that contain only class rates.
(g)
(1) The
					 term classification as used herein is construed to mean a publication
					 containing a list of articles or commodities and the class rating assigned
					 thereto for the purpose of applying class rates, together with governing rules
					 and regulations.
(2) When tariffs
					 contain two or more types of rates, the title page shall so indicate. For
					 example, a tariff containing class and commodity rates applying locally over
					 the line of the carrier shall be designated "tariff of local class and
					 commodity rates", etc.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.2 - Construction and filing of tariffs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Form; size; printing; loose-leaf
					 designations. All tariffs and supplements thereto must be in book, pamphlet, or
					 loose-leaf form of size 8 inches by 11 inches.
(1) Tariffs and supplements must be plainly
					 printed, mimeographed, planographed, stereotyped, or reproduced by other
					 similar durable process on paper of good quality. Typewritten tariffs or
					 supplements will not be accepted for filing. Mimeographing will be permitted on
					 only one side of a sheet. No alteration in writing or erasure shall be made in
					 any tariff or supplement.
(2) A
					 margin of not less than five eighths of an inch without any printing thereon
					 must be allowed at the left-hand binding edge of each tariff and
					 supplement.
(3) Pages of a
					 loose-leaf tariff must be consecutively numbered as "Original" pages, and each
					 page must show the name of the carrier and the tariff number in the upper
					 marginal space; the issued and effective dates and the name, title, and address
					 of the issuing officer in the lower marginal space.
(4) Revised pages making changes in or
					 additions to loose-leaf tariffs shall be designated as "First Revised Page No.
					 ________", "Second Revised Page No. ________", etc.
Example:
First Revised Page No. 5
Cancels
Original Page No. 5
(5) If, on account of expansion of matter on
					 any page, it becomes necessary to add an additional page in order to take care
					 of additional matter, such additional page shall be given the same page number
					 with a letter suffix, for example: "Original Page No. 4A", "Original Page No.
					 4B", etc.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.3 - Title page

Current through Register Vol. 46, No. 28, July 10, 2024
The title page of each tariff and supplement shall show
						information in the following order:
(a) Tariff designation.
(1) Tariffs and supplements must be filed
					 under consecutive DOT-NY-M.T. numbers beginning with No. 1, which numbers must
					 be shown in the upper marginal spaces on the title page as follows:
DOT-NY-M.T. No. ________
(2) When a new tariff is issued as canceling
					 a previously filed tariff or tariffs, the numbers of the tariffs to be canceled
					 must be shown immediately under the number of the new tariff.
Example:
DOT-NY-M.T. No. 4
Cancels
DOT-NY-M.T. Nos. 1 and 2
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.4 - Contents of tariffs

Current through Register Vol. 46, No. 28, July 10, 2024
Tariffs shall contain, in the order named:
(a) Table of contents. Table of contents,
					 alphabetically arranged, showing the number of the page on which each subject
					 may be found. If a tariff contains so small a volume of matter that its title
					 page or interior arrangement plainly discloses its contents, the table of
					 contents may be omitted.
(b) Index
					 of commodities. A complete index of all commodities on which specific rates are
					 named therein, together with reference to the page or items in which they are
					 shown. No index need be shown in tariffs of less than five pages or if all the
					 rates to each destination are alphabetically arranged by commodities.
(c) Explanation of abbreviations. Explanation
					 of all abbreviations, symbols, and reference marks used in the tariff. Such
					 explanation may be omitted provided each abbreviation, symbol, and reference
					 mark is explained at the bottom of each page where it is used.
(d) Classification of articles.
(1) When a tariff names rates by classes, a
					 classification of articles must be published in the tariff or in a separate
					 tariff. When a classification is published in a separate tariff, reference must
					 be made on the title page of the rate tariff to the separate classification.
Example: Governed, except as otherwise provided herein by
						(here name the classification, state its DOT-NY-M.T. number, and the name of
						the issuing agent), supplements thereto, or successive issues thereof.
(2) All carriers shown as
					 participating carriers in a rate tariff which is governed by a separate
					 classification must be named as participating carriers in such separate
					 classification.
(3) If a tariff is
					 to be governed by any other separate tariff, appropriate reference thereto must
					 be made in the manner shown above.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.5 - Commodity rates

Current through Register Vol. 46, No. 28, July 10, 2024
Commodity rates may be published on articles in stated
						truckload or less-than-truckload quantities and, when so published, displace
						class rates.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.6 - Changes in tariffs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Notice, superseding tariff, supplement restrictions.
(1) Rates, charges, rules and regulations,
					 and classifications which have been filed with the commissioner must be allowed
					 to become effective and remain in effect for a period of at least 30 days
					 before being changed, canceled or withdrawn, and any change therein must be
					 received for filing at least 30 days before its proposed effective date, unless
					 otherwise authorized by the commissioner.
(2) Changes in tariffs may be made by filing
					 a complete new superseding tariff, or by filing a supplement or a revised page
					 to the tariff to be changed, subject to the restrictions imposed in this
					 section.
(3) Except as otherwise
					 provided in these rules, a supplement may not be issued to single-sheet tariffs
					 or loose-leaf tariffs. Not more than one supplement may be in effect at any one
					 time to a tariff containing 3 and not more 16 pages; not more than two
					 supplements may be in effect at any one time to a tariff containing 17 and not
					 more than 80 pages; not more than three supplements may be in effect at any one
					 time to a tariff containing 81 and not more than 200 pages; and not more than
					 four supplements may be in effect at any one time to a tariff containing more
					 than 200 pages.
(4) Each
					 publication proposing any change in rates, fares, charges, rules and
					 regulations, shall be accompanied by a statement in writing which shall
					 include:
(i) a description of the proposed
					 changes;
(ii) the reasons for the
					 proposed changes;
(iii) the data
					 (financial, cost, statistical and otherwise) in support of the reasonableness
					 and lawfulness of the proposed changes;
(iv) the anticipated effect of the proposed
					 changes on the user of the service;
(v) the anticipated effect of the proposed
					 changes on the carrier's annual revenues subject to this commissioner's
					 jurisdiction;
(vi) a certification
					 of notice that all subscribers and tariff recipients have been provided with a
					 copy of the publication containing the matter to be changed, including a
					 listing of the names and addresses of such subscribers and recipients;
					 and
(vii) any other pertinent
					 material in support of the proposed changes.
(5) Two copies of the written statement
					 required in paragraph (4) of this subdivision shall be received no later than
					 30 days prior to the effective date of the proposed changes. Failure to do so
					 may result in a rejection of the filing or a request for a postponement of the
					 effective date for a period of 30 days from the receipt of such written
					 statement.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.7 - Posting tariffs

Current through Register Vol. 46, No. 28, July 10, 2024
Each carrier must post and file, at each of its stations
						or offices at which an agent is employed, all the tariffs or supplements
						applying from, or at, such station or office, and must also post and file at
						its principal place of business all its tariffs. All tariffs must be made
						available for public inspection or examination at all reasonable times without
						requiring the assignment of any reason for such inspection or
						examination.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.11 - Terminal carriers

Current through Register Vol. 46, No. 28, July 10, 2024
Carriers who hold certificates granted by the
						commissioner which authorize only the transportation of general commodities
						within a municipality or commercial zone as prescribed by the commissioner when
						such transportation is under a common control, management or arrangement for a
						continuous carriage or shipment by motor vehicle to or from a point without
						such municipality or zone, are relieved from the requirements with respect to
						concurring or participating in governing tariff publications and from posting
						tariffs in which they are listed as concurring or participating terminal
						carriers. Terminal carriers must, however, be listed as concurring or
						participating terminal carriers in the rate tariff publications of the
						line-haul carriers for whom pickup or delivery service is
						effected.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 826 - Construction And Filing Of Tariffs Of Common Carriers › Section 826.12 - Zone of Rate Freedom

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 common carrier of property or a common carrier of household goods may increase
					 or decrease each individual rate or all rates or a group of rates by
					 percentages not to exceed 10 percent in any 12-month period.
(b) This section does not apply to the
					 collective actions of the members of a rate organization when such actions
					 apply to more than one carrier.
(c)
					 The department cannot suspend any rate proposal that complies with this
					 section, providing that such change is filed with the department on not less
					 than 30 days' notice and complies with all other applicable rules and
					 regulations of the department.
(d)
					 A letter of transmittal must accompany every filing under this section and
					 contain the following information:
(1) that
					 the filing is submitted under the provisions of the Zone of Rate Freedom (17
					 NYCRR 826.12);
(2) that the
					 proposed rates were last changed on [insert date]; and
(3) that the supplement number or tariff
					 number that contained the last change was [insert number reference].
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 829 - Rates Dependent Upon Release Or Agreed Value › Section 829.1 - Transportation of race horses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 All motor carriers of race horses, as that term is defined in Part 800, are
					 authorized to establish and maintain by filing and posting in the manner
					 provided in the commissioner's tariff regulations, rates for the transportation
					 of race horses dependent upon the released value of the property declared by
					 the shipper in writing, or agreed upon in writing, as follows:
Released
									 Valuation
Rate
									 Basis
Released to a value not exceeding $200 per
									 animal
Base Rate
Released to a value exceeding $200 per
									 animal
5 cents for each $100 or fraction thereof of
									 excess value per animal for each 100 miles or fraction thereof of distance from
									 point of origin to destination as determined in accordance with the tariff
									 provisions.
(b) No change in commodity description or in
					 released valuation upon which the rates are dependent shall be made without
					 specific authority of this commissioner.
(c) The rates dependent on released value
					 filed under authority of this section shall show in connection therewith the
					 following notation:
"Ratings herein based on released value have been
						authorized by the Department of Transportation, State of New York, in Released
						Rates Order DOT-NY No. M-3 [§
												829.1  of this Part] of September
						4, 1951, subject to complaint or suspension."
(d) The commissioner does not hereby approve
					 the lawfulness, except under section 63-v of the Transportation Law, of any
					 rates or valuations which may be filed under this authority.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.1 - Credit period

Current through Register Vol. 46, No. 28, July 10, 2024
Upon taking precautions deemed by them to be sufficient
						to assure payment of the tariff charges within the credit period herein
						specified, common carriers by motor vehicle may relinquish possession of
						freight in advance of the payment of the tariff charges thereon and may extend
						credit in the amount of such charges to those who undertake to pay them, such
						persons herein being called shippers, for a period of 15 days, including
						Saturdays, Sundays and legal holidays. When the freight bill covering a
						shipment is presented to the shipper on or before the date of delivery, the
						credit period shall run from the first 12:00 midnight following delivery of the
						freight. When the freight bill is not presented to the shipper on or before the
						date of delivery, the credit period shall run from the first 12:00 midnight
						following presentation of the freight bill.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.2 - Credit period for additional charges

Current through Register Vol. 46, No. 28, July 10, 2024
Where a common carrier by motor vehicle has relinquished
						possession of freight and collected the amount of tariff charges represented in
						a freight bill presented by it as the total amount of such charges, and another
						freight bill for additional charges is thereafter presented to the shipper, the
						carrier may extend credit in the amount of such additional charges for a period
						of 30 calendar days, to be computed from the first 12:00 midnight following
						presentation of the subsequently presented freight bill.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.3 - Presentation of freight bills

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Freight bills for all transportation charges shall be presented to the shippers
					 within seven calendar days from the first 12:00 midnight following delivery of
					 the freight.
(b) Shippers may elect
					 to have their freight bills presented by means of the United States mails, and
					 when the mail service is so used the time of mailing by the carrier shall be
					 deemed to be the time of presentation of the bills. In case of dispute as to
					 the time of mailing, the postmark shall be accepted as showing such
					 time.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.4 - Mailing payment

Current through Register Vol. 46, No. 28, July 10, 2024
The mailing by the shipper of valid, checks, drafts, or
						money orders, which are satisfactory to the carrier, in payment of freight
						charges within credit period allowed such shipper, may be deemed to be the
						collection of the tariff charges within the credit period for the purposes of
						this Part. In case of dispute as to the time of mailing, the postmark shall be
						accepted as showing such time.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.5 - Carriers may establish different credit periods in tariff rules

Current through Register Vol. 46, No. 28, July 10, 2024
Carriers may publish tariff rules establishing credit
						periods different from those in section
						830.1  of
						this Part. Such credit periods shall not be longer than 30 calendar
						days.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.6 - Service charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Service charges shall not apply when credit is extended and payments are made
					 within the standard credit period. The term standard credit period, as used in
					 the preceding sentence, means:
(1) the credit
					 period prescribed in section
					 830.1  of
					 this Part; or
(2) a substitute
					 credit period published in a tariff rule pursuant to the authorization in
					 section
					 830.5 
					 of this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.7 - Discounts

Current through Register Vol. 46, No. 28, July 10, 2024
Carriers may, by tariff rule, authorize discounts for
						early freight bill payments when credit is extended.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.8 - Discrimination prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
Tariff rules published pursuant to sections
						830.5,
						830.6
						and
						830.7  of
						this Part shall not result in unreasonable discrimination among
						shippers.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 4 - Rates and Charges › Part 830 - Extension Of Credit By Common Carriers Of Property And Of Household Goods › Section 830.9 - Acceptance of credit cards by common carriers of property or household goods

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Common carriers
					 of property or common carriers of household goods may provide in their tariffs
					 for acceptance of credit cards for the payment of freight charges.
(b) Payment by credit card shall be
					 considered the same as payment by cash, certified check or money order. Any
					 tariff rule or item permitting the acceptance of credit cards shall identify
					 the credit card plans participated in by the carrier.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 5 - Records; Reports › Part 841 - Retention Of Records At Principal Office › Section 841.1 - Retention of records at principal office

Current through Register Vol. 46, No. 28, July 10, 2024
Every corporation, company, association, joint-stock
						association, partnership and person under the jurisdiction of this commissioner
						shall retain possession of all accounts, books, contracts, records, documents
						and papers, and hold them for inspection by the Department of Transportation or
						its agents or employees at the principal office of such corporation, company,
						association, joint-stock association, partnership and person under the
						jurisdiction of this commissioner.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 6 - Equipment and Facilities › Part 845 - Leasing of Vehicles › Section 845.0 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules and regulations in
					 this Part are applicable to equipment operated by or for, but not owned by
					 authorized carriers of property and of household goods in intrastate,
					 interstate and foreign commerce subject to the provisions of articles 6, 8 and
					 9 of the Transportation Law.
(b)
Incorporation by reference.
The provisions of the
Code of Federal
						Regulations
which 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 book entitled:
Code of Federal
						Regulations
, title 49, parts 300 to 399, revised as of October 1,
						2013, published by the Office of the Federal Register, National Archives and
						Records Administration, as a special edition of the
Federal
						Register
. The regulations incorporated by reference 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 also be purchased from the Superintendent of
						Documents, Government Printing Office, Washington, DC 20402-0001. 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 VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 6 - Equipment and Facilities › Part 845 - Leasing of Vehicles › Section 845.3 - Motor carrier identification

Current through Register Vol. 46, No. 28, July 10, 2024
All self-propelled motor vehicles operated pursuant to
						this Part shall be identified in accordance with the requirements of section
						820.2 
						of this Title.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 6 - Equipment and Facilities › Part 845 - Leasing of Vehicles › Section 845.4 - Lease of equipment and driver

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An authorized carrier may not lease
					 equipment with drivers or provide drivers alone to a noncarrier.
(b) Notwithstanding any other provision, the
					 lease of both a driver and vehicle to a noncarrier by any one person for
					 service covered by article 8 and/or 9 of the Transportation Law will be deemed
					 to be transportation subject to the jurisdiction of the Commissioner of
					 Transportation.