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A06926 Summary:

BILL NOA06926A
 
SAME ASSAME AS S02904-A
 
SPONSORMagnarelli
 
COSPNSRMcDonald, Schimminger, D'Urso, Jones, Wallace, Cook, Galef
 
MLTSPNSRMagee, Thiele
 
Amd 385, V & T L
 
Authorizes a permit for a vehicle owned by a municipality to not expire until such municipality removes such permitted vehicle from operation.
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A06926 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6926A
 
SPONSOR: Magnarelli
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to special hauling permits for vehicle combinations   PURPOSE: To authorize a vehicle to operate in combination with other vehicles so authorized.   SUMMARY OF PROVISIONS: Section 1 amends § 385 of the Vehicle and Traffic Law by adding a new subdivision providing, notwithstanding any law, rule, or regulation to contrary, any permit issued pursuant to subdivision 15 of this section for the operation or movement of a vehicle owned and identified as being owned by a political subdivision shall remain in effect for the life of the vehicle. Any amendment shall remain subject to the Commissioner's approval, and the Commissioner retains the authority to revoke any permit. Section 2 is the effective date.   EXISTING LAW: Section 385 of the Vehicle and Traffic Law provides the restrictions on the dimensions and weights of vehicles. Subdivision 15 of this section provides the requirements of special hauling permits for vehicles and combinations of vehicles, including those requirements for governmental subdivisions.   JUSTIFICATION: New York State government includes 62 counties, 62 cities, 932 towns, 555 villages and 733 school districts, many of which own and operate vehicles and trailers, for a variety of purposes ranging from street repairs to hauling materials and/or equipment. While these subdivisions of government are not required to pay fees to New York State to register vehicles, trailers and other equipment, Department of Transportation regulations mandate that each local agency file separate paperwork, known as "hauling permits," for each vehicle and trailer and keep docu- ments available for inspection. Agencies often own a variety of trailers used to haul equipment like cranes, bulldozers and other machinery that needs to be transported to construction sites. In cases where a municipality owns a fleet of trucks and a fleet of trailers, separate hauling permits detailing each possi- ble combination of vehicle and trailer must be filed with the New York State Department of Transportation. For agencies with large fleets, for example, a county highway department that owns 12 trucks and 25 trail- ers, the regulations require local officials to fill out 300 separate forms detailing every possible combination of truck and trailer (or other piece of equipment) that they might use on a project. The staff effort to fill out so many different forms can be costly and time consuming since it must also be updated as new vehicles are purchased and older ones are taken off the road. The mandated paperwork must also be duplicated and filed so it is available for review by both local and state officials. The time spent by over 2,300 local govern- ments and school districts assigning employees to fill out and maintain such nonessential paperwork could be better used providing useful services to the people of New York State. State DOT employees would also benefit from the time now spent collecting, filing, reviewing and stor- ing nonessential documents. This legislation alleviates the requirement that each local agency file the multiplicity of hauling permits for each vehicle and trailer in their fleet annually. By reducing this mandate, local governments are made more efficient and are able to devote more time and resources to improving the lives of New York's hard pressed taxpayers rather than filing duplicative paperwork year after year.   LEGISLATIVE HISTORY: 2016: S.6950-A   FISCAL IMPLICATIONS: None. Governmental subdivisions are not required to pay fees to New York State to register vehicles, trailer, or other equipment.   EFFECTIVE DATE: This act shall take effect immediately.
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A06926 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6926--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI,  McDONALD,  HARRIS, SCHIMMINGER,
          D'URSO, JONES, WALLACE -- Multi-Sponsored by -- M. of A. MAGEE, THIELE
          -- read once and  referred  to  the  Committee  on  Transportation  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the vehicle and traffic  law,  in  relation  to  special
          hauling permits for vehicle combinations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph (a) of subdivision 15  of  section  385  of  the
     2  vehicle and traffic law, as amended by section 1 of part C of chapter 59
     3  of the laws of 2004, is amended to read as follows:
     4    (a) The commissioner of transportation is hereby authorized to contin-
     5  ue  to  grant permits, and to charge fees therefor, for the operation or
     6  movement of a vehicle or  combination  of  vehicles  having  weights  or
     7  dimensions  which  exceed  the  limitations provided for in this section
     8  upon any highway under his or her jurisdiction except that  such  permit
     9  shall not be valid for the operation or movement of such vehicles on any
    10  state  or  other  highway within any city not wholly included within one
    11  county. Such permits shall be issued in accordance with  the  terms  and
    12  conditions  contained in rules and regulations governing special hauling
    13  permits which have been or shall be promulgated by the  commissioner  of
    14  transportation  and which may include, but not be limited to, a require-
    15  ment that a vehicle or combination of vehicles  being  issued  a  permit
    16  shall be accompanied by one or more escort vehicles which is being oper-
    17  ated  by  an  individual having a valid escort certificate issued by the
    18  commissioner.  The  commissioner  of  transportation  is  authorized  to
    19  promulgate rules and regulations governing the operation, use and equip-
    20  ment of escort vehicles and the duties and responsibilities of the oper-
    21  ator  of an escort vehicle. Any finding by the commissioner of transpor-
    22  tation that an individual has violated such rules and regulations  shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08236-02-7

        A. 6926--A                          2
 
     1  be  grounds  for  the cancellation of an individual's escort certificate
     2  and a penalty not to exceed five hundred dollars per occurrence for  the
     3  first  violation  and  not to exceed one thousand dollars per occurrence
     4  for  each  subsequent  violation.  Prior  to issuing such a finding, the
     5  commissioner of transportation shall afford an individual the right to a
     6  hearing pursuant to section one hundred forty-five of the transportation
     7  law. Such rules and regulations shall take into consideration, but shall
     8  not be limited to, the safety of the traveling public and the protection
     9  of the highways and the environment.  Such rules and  regulations  shall
    10  also  contain  a schedule of fees to be charged for the issuance of such
    11  permits which fees shall cover, but shall not be limited to,  the  costs
    12  to the department of transportation for the administration of the permit
    13  program,  and  shall permit the commissioner of transportation to levy a
    14  surcharge of up to twenty dollars for the issuance and  distribution  of
    15  special  hauling permits at regional offices of the department of trans-
    16  portation. The annual vehicle  fee  for  a  permit  issued  pursuant  to
    17  subparagraphs  (i),  (ii),  (ii-a)  and  (iii)  of paragraph (f) of this
    18  subdivision shall be three hundred sixty dollars for vehicles with  less
    19  than  five  axles, seven hundred fifty dollars for vehicles with five or
    20  six axles and nine hundred dollars  for  vehicles  with  seven  or  more
    21  axles.  The  annual vehicle fee for a permit issued pursuant to subpara-
    22  graphs (iv), (v), and (vi) of paragraph (f) of this subdivision shall be
    23  four hundred eighty dollars for vehicles with less than five  axles  and
    24  one thousand dollars for vehicles with five or more axles. Additionally,
    25  the  commissioner  shall  establish a fee schedule for the permitting of
    26  extra non-power  combination  units  that  may  not  exceed  twenty-five
    27  dollars  per vehicle and may offer discounts for multi-trailer registra-
    28  tions. Such fees shall not be charged to municipalities in this state. A
    29  permit issued by the commissioner to a  municipality  pursuant  to  this
    30  subdivision, that would otherwise be annual, shall not expire until such
    31  municipality  removes  such  permitted vehicle from operation; provided,
    32  however, that any amendment to such permit shall remain subject  to  the
    33  commissioner's approval and nothing contained in this paragraph shall be
    34  deemed  to  alter  the  authority of the commissioner to revoke any such
    35  permit as authorized by this chapter. If the permit has routing require-
    36  ments, such rules and regulations shall  provide  that  if  the  routing
    37  anticipates  the  use  of  highways  not  under  the jurisdiction of the
    38  commissioner of transportation, then he or she shall immediately  notify
    39  the  municipality or municipalities, having jurisdiction over such high-
    40  way that an application for a  permit  has  been  received  and  request
    41  comment  thereon.    Said  municipality or municipalities shall not have
    42  less than fifteen days to comment. Such rules and regulations shall also
    43  contain any other requirements deemed necessary by the  commissioner  of
    44  transportation.
    45    §  2.  This  act  shall take effect on the sixtieth day after it shall
    46  have become a law; provided, however, that  effective  immediately,  the
    47  addition,  amendment  and/or  repeal of any rule or regulation necessary
    48  for the implementation of this act on its effective date are  authorized
    49  and directed to be made and completed on or before such effective date.
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