|SAME AS||SAME AS S02904-A|
|COSPNSR||McDonald, Schimminger, D'Urso, Jones, Wallace, Cook, Galef|
|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.|
Go to top
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.
Go to top
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. LBD08236-02-7A. 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.