New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter D - Motor Carriers Of Passengers › Article 3 - Safety › Part 720 - Bus And Passenger Carrying Vehicle Safety Regulations › Section 720.11 - Out-of-service and defect criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 General. The condition of vehicles subject to inspection by the department will
					 be evaluated at the time of inspection on the basis of applicable requirements
					 of this Part, the Transportation and Vehicle and Traffic Laws of the State of
					 New York, applicable Federal motor vehicle safety standards and the criteria
					 contained in this section. Vehicles that do not meet the applicable
					 requirements shall be placed "out-of-service", or repaired in a timely manner
					 in accordance with this section.
(b) Applicability. These criteria apply to
					 all vehicles subject to inspection by this department. The applicability of
					 each inspection item listed is based on the type, size, and use of the vehicle.
					 Therefore, all inspection vehicle items will not apply to all vehicles. As an
					 example, a vehicle not equipped with air brakes will not have the air brake
					 criteria applied to that vehicle.
(c) The department may elect to inspect only
					 certain vehicle components based on the overall safety performance of the
					 operator.
(d) Criteria.
(1) Any vehicle with at least one Defect
					 Rating of "A" discovered at the time of inspection shall be issued an
					 "out-of-service vehicle" sticker, and that vehicle may not be used to carry
					 passengers until the defect(s) has been repaired/corrected and the vehicle has
					 been re-inspected by a NYSDOT inspector, the "out-of-service vehicle" sticker
					 removed by the inspector and a valid inspection certificate affixed.
(2) Any vehicle operated by a carrier with an
					 acceptable safety and inspection record that is without a Defect Rating of "A"
					 discovered at the time of inspection shall be issued an inspection certificate
					 based on the following conditions:
(i) If the
					 vehicle has one or more Defect Ratings of "B," such defect(s) must be repaired
					 by the carrier prior to carrying any passengers.
(ii) If the vehicle has any one or more
					 Defect Ratings of "C," such defect(s) must be repaired by the carrier within 15
					 days of the date of inspection.
(3) Vehicles operated by a carrier determined
					 not to have an acceptable safety and inspection record that have Defect Ratings
					 of "B'' and "C'' shall be treated as if they had a Defect Rating of "A''.
					 Periodically, the Office of Modal Safety & Security shall determine those
					 carriers that do not have an adequate safety and inspection record. Such
					 determinations may be based on a review of the carrier's past safety record,
					 preventive maintenance program and out-of-service rate.
(4) Effective April 1, 1998 pursuant to
					 chapter 202 of the Laws of 1997, historic double-decker buses operating
					 pursuant to the regulatory authority of the New York City Office of Consumer
					 Affairs and meeting the definition contained in section
					 720.1(m) 
					 of this Part shall comply with each of the "Out-of-Service and Defect Criteria"
					 except as follows: 12.00, 15.01, 18.04.2 (providing the vehicle has aisles at
					 least 10 inch wide and 72 inches high), 20.00.2, 21.00, 25.01, 37.00.2 and
					 45.05.