reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8B - Signs And Markings › Section 8B.101 - NOTICE INCREASED TRAIN TRAFFIC Sign (NYR10-5)

Current through Register Vol. 46, No. 28, July 10, 2024
Option:
01 The NOTICE INCREASED TRAIN TRAFFIC (NYR10-5) sign (see
					 Sign Drawing SD-R16) may be used where it is deemed necessary to inform
					 motorists of increased train traffic at highway-rail grade crossings.
Standard:
02 Where used, the NOTICE INCREASED TRAIN TRAFFIC sign
					 shall be placed in combination with the Crossbuck (R15-1) sign located on the
					 right side of the approach roadway, or be placed separately at a point in
					 advance of the crossbuck sign.
03 At locations where a YIELD or STOP sign is installed on
					 the same support as the Crossbuck sign, the NOTICE INCREASED TRAIN TRAFFIC sign
					 shall be installed on a separate support in advance of the crossbuck
					 assembly.
04 Where placed on the same support as a Crossbuck sign,
					 the NOTICE INCREASED TRAIN TRAFFIC sign shall be placed immediately beneath the
					 Crossbuck sign.
Guidance:
05 The bottom of the NOTICE INCREASED TRAIN TRAFFIC sign
					 should be at least 78 inches above the near edge of travel lane when placed on
					 the same support as a Crossbuck sign.
Standard:
06 Where placed on the same support as a Crossbuck sign and
					 a Number of Tracks (R15-2) sign, the NOTICE INCREASED TRAIN TRAFFIC sign shall
					 be placed immediately beneath the Number of Tracks sign.
Guidance:
07 The bottom of the NOTICE INCREASED TRAIN TRAFFIC sign
					 should be at least 6 feet above the edge of travel lane when placed on the same
					 support as a Crossbuck sign and a Number of Tracks sign.
Standard:
08 Where placed on the same support as a railroad
					 flashing-light signal, the NOTICE INCREASED TRAIN TRAFFIC sign shall be placed
					 immediately below the signal background panels.
Guidance:
09 The bottom of the NOTICE INCREASED TRAIN TRAFFIC sign
					 should be at least 6 feet above the near edge of travel lane when placed on the
					 same support as a railroad flashing-light signal.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Section 8C.01 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
INSERT the following paragraphs:
Standard:
06A When an overhead flashing-light signal is used, the
					 vertical clearance shall be no more than 19 feet above the crown of the highway
					 to the lowest point of the signal unit.
Standard:
12A When used, the devices shall be operated continuously
					 (unless not required by the appropriate operating standards) except as provided
					 in paragraph 12B.
Option:
12B Special control features may be provided for making the
					 devices insensitive to train actuation while trains are performing regular
					 stops or switching operations in the vicinity of a crossing, to prevent
					 excessive activation of the traffic control devices.
Standard:
12C When the Option is enacted, provisions shall be made to
					 ensure that the devices are again made operative for the required time before
					 any rail traffic proceeds over the crossing. Provision shall also be made to
					 ensure that automatic operation of the devices will resume upon the approach of
					 any rail traffic other than the one for which operation of the device was
					 discontinued.
Support:
12D Since grade crossing traffic control devices govern the
					 actions of vehicular and pedestrian traffic, the principles of uniformity and
					 standardization apply to these devices.
Guidance:
12E For the purpose of signal control, crossings more than
					 100 feet apart should be treated separately.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Section 8C.02 - Flashing-Light Signals

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE paragraph 09.
INSERT the following paragraphs:
Standard:
07A When the rail traffic clears the grade crossing, and if
					 no other rail traffic is detected, the gate arm shall ascend to its upright
					 position, following which the flashing-light signals and the lights on the gate
					 arm shall cease operation.
Guidance:
07B If used, flashing-light signals should be located
					 longitudinally to meet minimum clearances indicated in Figures 8C-2 and 8C-101
					 except where such location would adversely affect signal visibility.
Standard:
08A Stand-by power shall consist of sufficient capacity to
					 provide normal operation of the system for 48 hours following primary power
					 failure.
Option:
08B Standby power may consist of sources other than
					 batteries.
Guidance:
14A When conditions require, such as on multi-lane
					 approaches or where limited signal visibility exists, supplemental overhead
					 installations or additional pole-mounted flashing-light signals installed on
					 the left side of an approach roadway, on the near or far side of the crossings,
					 should be used.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Section 8C.03 - Flashing-Light Signals at Highway-LRT Grade Crossings

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE Paragraph 01.
INSERT the following paragraph:
Standard:
00A The provisions in Section
					 8C.02  and
					 the New York State Supplement regarding flashing-light signals shall be used
					 for design, installation, and operation, including interconnection with nearby
					 automatic gates, and shall be applicable as appropriate where traffic control
					 signals are used at highway-LRT grade crossings.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Section 8C.06 - Four-Quadrant Gate Systems

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE Paragraph 04.
INSERT the following paragraph:
Standard:
03A In the normal sequence of operation, unless constant
					 warning time detection or other advanced systems requires otherwise, the
					 flashing-light signals and the lights on the gate arm (in its normal upright
					 position) shall be activated immediately upon detection of approaching rail
					 traffic. The gate arm shall start its downward motion not less than 3 seconds
					 after the flashing-light signals are activated, and shall reach its horizontal
					 position at least 10 seconds before the arrival of the rail traffic. Exit gate
					 arm activation and downward motion shall be based on detection or timing
					 requirements established by an engineering study of the individual site. The
					 gate shall remain in the down position until the rail traffic has cleared the
					 grade crossing.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Section 8C.08 - Rail Traffic Detection

Current through Register Vol. 46, No. 28, July 10, 2024
INSERT the following paragraphs:
Standard:
03A When automatic flashing-light signals are installed,
					 the length of time the flashing-light signals shall operate before arrival of
					 any rail traffic at the grade crossing shall be a function of the minimum track
					 clearance distance as follows: Where the minimum track clearance distance is 35
					 feet or less, the flashing-light signals shall operate for at least 20 seconds
					 before the arrival of rail traffic at the crossing. Where the minimum track
					 clearance distance is more than 35 feet, the flashing-light signal shall
					 operate for at least 13 seconds plus one second for each 5 feet of clearance
					 distance before the arrival of rail traffic at the crossing.
03B When automatic gates are installed, the length of time
					 the flashing-light signals and gate arm lights shall operate before arrival of
					 any rail traffic at the grade crossing shall be a function of the minimum track
					 clearance distance as follows: Where the minimum track clearance distance is 35
					 feet or less, the flashing-light signals shall operate for at least 27 seconds
					 before the arrival of rail traffic at the crossing. Where the minimum track
					 clearance distance is more than 35 feet, the flashing-light signal shall
					 operate for at least 20 seconds plus one second for each 5 feet of clearance
					 distance before the arrival of rail traffic at the crossing.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Section 8C.10 - Traffic Control Signals at or Near Highway-LRT Grade Crossings

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE Paragraph 02.
INSERT the following paragraph:
Standard:
00A The provisions in Part 4, Section
					 8C.09,
					 and the New York State Supplement relating to traffic control signal design,
					 installation, and operation, including interconnection with nearby automatic
					 gates or flashing-light signals, shall be applicable as appropriate, where
					 traffic control signals are used at highway-LRT grade
					 crossings.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Section 8C.11 - Use of Traffic Control Signals for Control of LRT Vehicles at Grade Crossings

Current through Register Vol. 46, No. 28, July 10, 2024
INSERT the following at the beginning of the
					 section:
Standard:
00A The provisions in Part 4, Section
					 8C.09,
					 and the New York State Supplement relating to traffic control signal design,
					 installation and operation, including interconnection with nearby automatic
					 gates or flashing-light signals, shall be applicable as appropriate where
					 traffic control signals are used at highway-LRT grade
					 crossings.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Figure 8C-1 - Composite Drawing of Active Traffic Control Device for Grade Crossings Showing Clearances

Current through Register Vol. 46, No. 28, July 10, 2024
INSERT the following text in Figure 8C-1 regarding the
					 Clearance Above Crown of Roadway: "Note: 19 feet
					 maximum"
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 8 - Traffic Control For Railroad And Light Rail Transit Grade Crossings › Chapter 8C - Flashing-light Signals, Gates, And Traffic Control Signals › Figure 8C-2 - Example of Location Plan for Flashing-Light Signals and Four-Quadrant Gates

Current through Register Vol. 46, No. 28, July 10, 2024
INSERT note in Figure 8C-2:
The center of the flashing-light signal support and the
						tip of the automatic gate should both be no further than 15 feet measured
						perpendicular to the nearest rail.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 9 - Traffic Control For Bicycle Facilities › Chapter 9B - Signs › Section 9B.04 - Bike Lane Signs and Plaques (R3-17, R3-17aP, R3-17bP)

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE Paragraph 02.
INSERT the following paragraph:
Standard:
01A Bike Lane signs and plaques shall be used in advance of
					 the upstream end of the bicycle lane, at the downstream end of the bicycle
					 lane, and at periodic intervals along the bicycle lane as determined by
					 engineering judgment based on prevailing speed of bicycle and other traffic,
					 block length, distances from adjacent intersections, and other
					 considerations.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 9 - Traffic Control For Bicycle Facilities › Chapter 9B - Signs › Section 9B.06 - Bicycles May Use Full Lane Sign (R4-11)

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE entire section; the R4-11 sign shall not be used in
					 New York, as its message is not an accurate reflection of Section 1234 of the
					 New York State Vehicle and Traffic Law, and could mislead inexperienced
					 bicyclists into occupying inappropriate, and unsafe, positions within a
					 roadway. On roadways where space is limited and interactions between motorists
					 and bicyclists have proven problematic, it is preferable to either provide
					 positive guidance to bicyclists in the form of Shared Lane Markings (see
					 Section 9C.07) and/or warning to motorists in the form of the SHARE THE ROAD
					 (W16-1P) plaque (see Section 2B. 19).
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 9 - Traffic Control For Bicycle Facilities › Chapter 9B - Signs › Section 9B.20 - Bicycle Guide Signs (D1-1b, D1-1c, D1-2b, D1-2c, D1-3b, D1-3c, D11-1, D11-1c)

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE Paragraph 11.
INSERT the following paragraphs:
Option:
01A Bike Route Guide (D11-1) signs may be used to guide
					 bicyclists along an unnumbered bicycle route that is part of a small local
					 system, or that connects two places between which bicycle travel is
					 common.
Support:
01B Bike Route Guide signs are not intended for use along
					 residential streets where bicycle travel patterns are random, or where guidance
					 for bicyclists is unnecessary.
01C Bike Route Guide signs do not alter statutory
					 provisions about bicyclists' rights to travel on highways, paths, and trails,
					 nor do they alter the rules for bicycle operation.
Standard:
04A Bicycle Destination (D1-1b, D1-1c, D1-2b, D1-2c, D1-3b,
					 D1-3c) signs shall not contain destination information that can also apply to
					 other road users. When used on roadways, Destination (D1-1, D1-1a) and Street
					 Name (D3) signs shall be the sizes indicated in Table 2D-1.
Guidance:
05A The use of horizontal separator lines should be limited
					 to instances where it is deemed necessary to emphasize the presence of
					 independent messages appearing on the same sign face. On most Destination
					 signs, adequate separation of destinations should be accomplished through the
					 spacing of lines of legend.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 9 - Traffic Control For Bicycle Facilities › Chapter 9B - Signs › Section 9B.22 - Bicycle Route Sign Auxiliary Plaques

Current through Register Vol. 46, No. 28, July 10, 2024
INSERT the following paragraphs:
Support:
01A All provisions in this section also apply to Local
					 Bicycle Route (NYM6-2) signs.
Standard:
08A Bicycle Destination (D1-1b, D1-1c, D1-2b, D1-2c, D1-3b,
					 D1-3c) signs shall not contain destination information that can also apply to
					 other road users.
08B When used on roadways, Destination (D1-1, D1-1a) signs
					 shall be the sizes indicated in Table 2D-1.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter V - New York State Supplement To The National Manual On Uniform Traffic Control Devices For Streets And Highways-2009 Edition › Part 9 - Traffic Control For Bicycle Facilities › Chapter 9C - Markings › Section 9C.04 - Markings for Bicycle Lanes

Current through Register Vol. 46, No. 28, July 10, 2024
DELETE Paragraphs 02, 03, and 05.
INSERT the following paragraphs:
Standard:
01A Bicycle lanes shall be defined with longitudinal
					 pavement markings, and marked with either a bicycle symbol or the word marking
					 BIKE LANE (see Figure 9C-3).
Guidance:
02A Bicycle lane word, symbol, and/or arrow markings (see
					 Figure 9C-3) should be placed at the beginning of a bicycle lane and at
					 periodic intervals along the bicycle lane based on engineering judgment.
Option:
04A Bicycle lane word, symbol, and/or arrow pavement
					 markings may be placed at different intervals than Bike Lane signs (see Section
					 9B.04) so that signs are not necessarily adjacent to every set of pavement
					 markings.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 500 - Definitions And Word Construction › Section 500.1 - Words and phrases

Current through Register Vol. 46, No. 28, July 10, 2024
Words and phrases used in this Subchapter shall have the
					 same meaning as set forth in the Transportation Law or such other statute to
					 which a particular rule or regulation refers, unless a different meaning
					 clearly appears from the context. In addition, the following supplemental
					 meanings shall apply:
(a) Commissioner
				  includes employees of the Department of Transportation authorized to exercise
				  the powers and duties of the Commissioner of Transportation.
(b) Hearing. An oral proceeding whereby
				  testimony is given under oath and a record is made.
(c) Parties. All applicants and protestants
				  and any shipper, carrier or consumer organization or governmental agency
				  authorized to participate in any proceeding.
(d) Presiding officer. Any person who is
				  designated by the commissioner to conduct a proceeding.
(e) Proceeding. Any application for new or
				  extended authority, temporary or permanent authority or transfer or lease of
				  authority. Any regulatory action that in any way affects a carrier's operating
				  authority, rates, service or safety.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 501 - General Provisions › Section 501.1 - Service of papers by the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
Notices or other papers will be served by the commissioner
					 either personally, electronically or by mail. Service on a representative of a
					 party will be deemed to be proper service upon the party. Service by mail will
					 be deemed completed five days after the date of mailing.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 501 - General Provisions › Section 501.2 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  any proceeding, parties may present their own case either personally or through
				  a non-paid representative, or through a representative who is an attorney duly
				  licensed to practice in the State of New York, or a practitioner formerly
				  licensed by the Interstate Commerce Commission or duly licensed by the Surface
				  Transportation Board . For the purpose of this section, an officer of a
				  corporation that is a party to a proceeding may represent that corporation.
(b) All representatives must file
				  a written notice of appearance.
(c)
				  All representatives will be held to the same standard of conduct as are
				  attorneys licensed by the State of New York. Failure to comply with such
				  standards may result in the barring of a representative from further
				  participation in the proceeding.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 501 - General Provisions › Section 501.3 - Extension of time

Current through Register Vol. 46, No. 28, July 10, 2024
When an application is made for an extension of time within
					 which to make and file any annual or periodic report with the commissioner or
					 to comply with any provision of an order of the commissioner, the application
					 shall be filed before the expiration of the period prescribed, shall be
					 verified and shall set forth in detail:
(a) what effort has been made by the
				  applicant to prepare such report or to comply with the order within the time
				  specified;
(b) facts tending to
				  show why said report could not be made and filed or the order complied with
				  within the time prescribed;
(c)
				  other facts which justify an extension of time; and
(d) the further period of time necessarily
				  required within which to make and file such report or to comply with an
				  order.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 501 - General Provisions › Section 501.4 - Applications for waiver

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for waiver of a rule or regulation must be
					 made in writing and verified. The application shall state the facts and reasons
					 in support of such request. Any rule or regulation may be waived by the
					 commissioner upon the commissioner's own motion.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 502 - Applications › Section 502.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applications for the issuance of certificates or permits, extensions of
				  certificates or permits, transfer or leases of certificates or permits shall be
				  made on forms furnished by the commissioner, or a reasonable facsimile
				  thereof.
(b) All such applications
				  shall be verified and all required information furnished and shall be
				  accompanied by the required filing fee. An application which is incomplete or
				  not verified may be rejected for filing or denied.
(c) A brief summary of every application will
				  be published in the department's Weekly Bulletin of Motor Carrier Applications
				  as soon after receipt of the application as is practicable. The publication
				  will include the name and address of applicant's attorney or representative, if
				  known. Unless otherwise set forth in the Transportation Law, publication of an
				  application in the Weekly Bulletin shall be deemed good and sufficient notice
				  to all interested parties.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 502 - Applications › Section 502.2 - Protests

Current through Register Vol. 46, No. 28, July 10, 2024
Any person having an interest may submit a protest to any
					 proceeding. All protests must be in writing and set forth the nature and
					 grounds of the protest. Protests to permanent authority applications must be
					 served on the commissioner, the applicant and his representative within 30 days
					 of the date of publication in the Weekly Bulletin. Protests to temporary
					 authority applications must be served on the commissioner, the applicant and
					 his representative within 10 days of the date of publication in the Weekly
					 Bulletin. Failure to serve notice of protest within the said periods on all
					 parties may, in the commissioner's discretion, bar a protestant from taking
					 part in the proceeding.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 502 - Applications › Section 502.3 - Assignments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  applications will be assigned to a presiding officer as soon after filing as is
				  practicable.
(b) The presiding
				  officer to whom the matter is assigned shall be responsible for the conduct of
				  a proceeding from the time of the assignment until such time as a report or
				  recommended decision is submitted to the commissioner. During this period any
				  motion by any party shall be addressed to the presiding officer. The presiding
				  officer shall determine, unless a hearing is mandated by the Transportation
				  Law, whether a hearing shall be held; the time and place of any hearing; the
				  manner in which testimony and cross-examination is to be conducted; the time
				  within which and the place where briefs or sworn statements are to be
				  submitted; and such other matters as are necessary for the proper discharge of
				  the presiding officer's responsibility.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 502 - Applications › Section 502.4 - Amendments

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or presiding officer may allow any
					 application, answer, or other paper to be supplemented, amended or corrected,
					 provided such amendment does not unduly broaden the issues.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 502 - Applications › Section 502.5 - Applications for emergency authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Unless it is demonstrated that, by reason
				  of an unforeseen emergency need, transportation must commence immediately, an
				  application for emergency authority shall be made by letter or electronically, to be received at the office of the department, not later than three working
				  days prior to the date when the transportation is to start.
(2) Where it is demonstrated that because of
				  an unforeseen emergency need the transportation must commence immediately, a n
				  application may be made, in person, electronically or by telephone, to the
				  office of the administrative law judge, during regular office hours. In such
				  event, the administrative law judge may require written confirmation of the
				  telephone request or other oral representation in such manner and within such
				  time limits as he or she may require.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 502 - Applications › Section 502.6 - Applications to other agencies

Current through Register Vol. 46, No. 28, July 10, 2024
Carriers submitting applications to the commissioner which
					 are also subject to the jurisdiction of the Federal Motor Carrier Safety
					 Administration or other federal or state commission or agency shall state at
					 the time such application is submitted whether or not a corresponding
					 application has been submitted and whether or not action has yet been taken
					 thereon.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.1 - Proceedings without hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  In all proceedings where no hearing has been directed, a decision in the
				  proceeding may be made on the basis of the submitted documents, protests,
				  affidavits or sworn statements and matters of which official notice may be
				  taken and records of the department. The presiding officer will advise the
				  parties as to the dates when such statements are to be submitted and the form
				  and content of such statements.
(b)
				  The presiding officer shall require that applicant serve on all other parties
				  and the department all required affidavits, documents, statements and matters
				  of which official notice may be taken no later than 90 days after publication
				  of the application.
(c) All other
				  parties may serve an applicant and the other parties and the department
				  answering affidavits, documents, statements and matters as to which official
				  notice may be taken 20 days after such service by applicant.
(d) No papers will be accepted or considered
				  for any purpose, if submitted after the times above specified unless an
				  extension of time is granted by the presiding officer for good cause
				  shown.
(e) The presiding officer,
				  upon such officer's own motion, or upon request of a party and for good cause
				  shown, may permit or require additional submissions. Failure to file requested
				  documentation may be grounds for denying the application or dismissing the
				  protest.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.2 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  presiding officer may direct that a hearing be held in any
				  proceeding.
(b) Hearings will be
				  held at a location selected by the presiding officer and written notice setting
				  forth the date, time and location of the hearing will be mailed or sent
				  electronically to all parties of record.
(c) If mailed, notice will be mailed via
				  first-class mail prior to the date of the hearing.
(d)
(1)
				  Hearings shall be scheduled to commence no more than 90 days after publication
				  of an application or after service of the initial order or other notice
				  commencing a proceeding on motion of the commissioner.
(2) Where times for hearings and manner of
				  notice are fixed by statute, such statute, and not these regulations, shall
				  apply.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.3 - Witnesses and subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Upon the application of any party or representatives of a party a subpoena or a
				  subpoena duces tecum may be signed and issued by the commissioner or by a duly
				  designated employee of the department authorized to conduct the proceeding
				  wherein the subpoena is requested. Written application for subpoenas duces
				  tecum must be submitted at least five days prior to a hearing, setting forth
				  the papers desired to be produced and the reasons why they are necessary in the
				  conduct of the proceeding.
(b) Any
				  attorney may issue a subpoena as provided in section 304 of the State
				  Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.4 - Adjournments of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Requests for adjournments are to be made to the presiding officer at least four
				  working days prior to the date of any scheduled hearing. Requests for
				  adjournments will be denied, if, in the opinion of the presiding officer, there
				  is not good and sufficient cause for such adjournment.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.5 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
The record of a proceeding shall consist of all filed
					 document s, the minutes of a hearing, and exhibits accepted into evidence. I f
					 exhibits are offered, at least one copy shall be submitted to the presiding
					 officer and one to each party of record.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.6 - Furnishing original documents

Current through Register Vol. 46, No. 28, July 10, 2024
Parties shall furnish and make available for the use of the
					 commissioner the originals of all books, papers and documents which may be
					 required, or if so directed, certified or verfied copies of the same. Failure
					 to do so may be grounds for denying the application or dismissing the
					 protest.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.7 - Incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may move to submit for the record by reference
					 information contained in any official filing with the commissioner. Upon
					 request, the party shall supply copies of any material incorporated by
					 reference to the other parties.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.8 - Participation

Current through Register Vol. 46, No. 28, July 10, 2024
Only parties to a proceeding will be allowed to participate
					 and be entitled to be served with copies of orders and notices and
					 reports.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 503 - Proceedings › Section 503.9 - Disqualification of presiding officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Notwithstanding any other rule or regulation, any party to a proceeding or any
				  person having an interest therein may file a motion seeking to disqualify the
				  presiding officer assigned to the proceeding.
(b) A motion to disqualify shall be made to
				  the administrative law judge and be supported by affidavits setting forth the
				  grounds for disqualification. Answering affidavits may be submitted by the
				  presiding officer within five days of the date of the submission of the
				  motion.
(c) A determination on the
				  motion will be made by the administrative law judge as soon thereafter as is
				  practicable, but before the record in the proceeding is closed.
(d) The decision on the motion and any
				  documents submitted with regard thereto will be deemed to be part of the record
				  of the proceeding and subject to judicial review.
(e) Notwithstanding any other provision
				  herein, a presiding officer may disqualify himself or herself upon written
				  request to and approval of the administrative law judge.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 504 - Final Determination › Section 504.1 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the
				  conclusion of a proceeding except one brought under section 145 (3)  of the
				  Transportation Law the presiding officer will make a recommended decision to
				  the commissioner. The commissioner may adopt, reject or modify such decision. A
				  copy of the decision as adopted, rejected or modified will be served on all
				  parties. In addition, the commissioner may defer action on any recommendation
				  made by the presiding officer and publish such recommendation with leave to all
				  parties to file exceptions within a time set by the commissioner. Failure to
				  file exceptions within the time allotted shall constitute a waiver of all
				  objections to the recommended decision.
(b) In any proceeding brought under section 145 (3)  of the
				  Transportation Law, the decision will be made by the presiding
				  officer.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 504 - Final Determination › Section 504.2 - Reconsideration or rehearing

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for reconsideration or rehearing after a
					 determination shall be in writing, shall state specifically the grounds upon
					 which the application is based and be accompanied by the required filing fee.
					 At least one copy of the application shall be submitted to the office of the
					 commissioner at Albany within 30 days after service of a final order or
					 decision. A copy of the application for reconsideration must be served on all
					 parties to the proceeding and their representatives, an d there shall be
					 attached to the application, certification of such service. If any party to the
					 proceeding wishes to oppose the granting of reconsideration, such party must
					 file within 15 days after service of a copy of the application for
					 reconsideration or rehearing, an answer setting forth the basis for its belief
					 that reconsideration or rehearing should not be granted. Such answer shall have
					 attached a certification of service on all other parties and their
					 representatives. The commissioner may at any time reopen a proceeding or grant
					 reconsideration or rehearing. The commissioner may, upon good cause shown, stay
					 the implementation of any order pending a determination on an application for
					 reconsideration or rehearing.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 504 - Final Determination › Section 504.3 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of an adverse ruling by the presiding officer
					 during the pendency of a proceeding, the aggrieved party may appeal within 10
					 days to the commissioner. Such an appeal must be in writing and may be served
					 upon the department electronically with copies served on all parties of record
					 and their representatives. During the pendency of th e appeal the presiding
					 officer's rulings will be in full force and effect. On appeal, the commissioner
					 may affirm, reverse or modify a ruling of the pre siding officer. The
					 commissioner may affirm a ruling by a presiding officer by refusing to reverse
					 or modify that ruling within 30 days after t he appeal is
					 filed.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 504 - Final Determination › Section 504.4 - Reapplication

Current through Register Vol. 46, No. 28, July 10, 2024
Upon denial of an application, no new application for the
					 same or similar relief by the same person or an affiliate of that person will
					 be entertained for a period of six months from the date of the denial.
					 Principals of corporate applicants may not reapply in their own names or as
					 principals of other corporations for the same period of time.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply in all civil administrative
					 enforcement proceedings brought, pursuant to section 145 (3)  of the
					 Transportation Law, by the Department of Transportation against alleged
					 violators of the Transportation Law, the rules and/or regulations promulgated
					 pursuant thereto, or any permits, certificates or orders issued pursuant
					 thereto.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part, unless otherwise expressly
					 stated, or unless the context or subject matter requires a different meaning,
					 the following terms shall have the respective meanings hereinafter set forth or
					 indicated:
(a) Commissioner means the
				  Commissioner of Transportation of the State of New York.
(b) Department means the Department of
				  Transportation of the State of New York.
(c) Hearing means an oral proceeding where
				  testimony is taken under oath and a record is kept.
(d) Notice of violation means a notice
				  issued, pursuant to section 145 (3)  of the
				  Transportation Law, to and against an alleged violator of the Transportation
				  Law, or the rules, regulations or orders promulgated pursuant
				  thereto.
(e) Party means the
				  department and persons designated as petitioner, respondent or intervener in
				  any civil administrative enforcement proceeding subject to this Part.
(f) Presiding officer means the person or
				  persons duly designated by the commissioner as his representative for the
				  purpose of conducting a proceeding pursuant to section 145  of the Transportation Law.
(g) Proceeding, for the purpose of this Part,
				  means an action or proceeding instituted by service of the notice of
				  violation.
(h) Respondent means the
				  party charged with one or more violations of the Transportation Law, the rules,
				  regulations or orders promulgated pursuant thereto, in a civil administrative
				  enforcement proceeding subject to this Part.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.3 - Form of notice of violation

Current through Register Vol. 46, No. 28, July 10, 2024
A notice of violation shall identify the respondent and be
					 on a form prepared by the commissioner and include, as applicable:
(a) the name and address of the respondent
				  and the case or docket number assigned, if available;
(b) the name and address of the registered
				  owner of the vehicle, if available;
(c) the name and address and driver's license
				  number of the driver of the vehicle, if available;
(d) name and title of the issuer of the
				  notice of violation;
(e) date and
				  location of the issuance of notice of violation;
(f) description of violation;
(g) the amount of penalty or statement that a
				  penalty will be assessed at a hearing; and
(h) such additional matters as may be
				  pertinent.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.4 - Service of notice of violation

Current through Register Vol. 46, No. 28, July 10, 2024
A notice of violation may be served personally or by
					 first-class mail addressed to the driver or owner of the vehicle or the
					 respondent. Any notice served by mail not returned by the post office for
					 nondelivery shall be presumed to have been received. Any notice returned by the
					 post office as having been refused shall be deemed properly served. The service
					 date is the date a notice is mailed or personally served.
New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter A - General Regulations Affecting Carriers By Motor Vehicle › Part 505 - Violation Hearings › Section 505.5 - Pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a penalty is
				  specified in the notice of a violation, a respondent may plead guilty by
				  returning the notice of a violation and a check or money order in the amount of
				  the specified penalty by mail to the address set forth on the notice of
				  violation within 20 days of the date of service.
(b) In the event a respondent pleads not
				  guilty, or fails to plead, or if no penalty is specified on the notice of a
				  violation, a hearing on the notice of violation will be scheduled.
(c) A respondent may waive a hearing or
				  submit a verified statement of fact by a date to be fixed by the presiding
				  officer.
(d) A respondent may plead
				  guilty and request a reduction of penalty by returning the notice of violation
				  within 20 days of the date of service, accompanied by a verified statement
				  setting forth any mitigating facts, which shall then be considered by the
				  presiding officer.