Provides that any vehicle which: has been issued a permit pursuant to subdivision 15 of section 385 of the vehicle and traffic law; is transporting road salt; and does not have a gross vehicle weight rating in excess of one hundred seven thousand pounds, shall be authorized to operate on all public highways and bridges at any time between the months of October and April.
STATE OF NEW YORK
________________________________________________________________________
1668
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to road salt
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 15 of section 385 of the vehi-
2 cle and traffic law, as amended by section 3 of part C of chapter 59 of
3 the laws of 2004, is amended to read as follows:
4 (d) Except during storms, floods, fires or other public emergencies,
5 no such permit may be issued to include a towing operation involving
6 more than two vehicles except three vehicle combinations consisting of a
7 tractor, semitrailer and trailer or a tractor and two trailers within
8 legal weight and width limits proceeding to or from any qualifying high-
9 way or access highway. Every such permit may designate the route to be
10 traversed and contain any other restrictions or conditions deemed neces-
11 sary by the issuing authority. Every such permit shall be carried on the
12 vehicle to which it refers and shall be open to the inspection of any
13 peace officer, acting pursuant to his special duties, or police officer,
14 or any other officer or employee authorized to enforce this section. All
15 permits issued shall be revocable by the authority issuing them at the
16 discretion of the authority without a hearing or the necessity of show-
17 ing cause. Except for a vehicle having a maximum gross weight not
18 exceeding eighty thousand pounds without regard to any axle weight limi-
19 tation set forth herein or the maximum gross weight established by the
20 formula commonly referred to as the bridge formula as set forth in
21 subdivision ten of this section and except for state or municipally-
22 owned single vehicles engaged in snow and ice control operations, or
23 designed or fitted for snow and ice control operations while engaged in
24 other public works operations on public highways which do not exceed the
25 weight limits contained in subdivision seventeen-a of this section, no
26 permit shall be issued to allow operation or movement of any vehicle or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05659-01-3
A. 1668 2
1 combination of vehicles whose weight exceeds the limitations otherwise
2 prescribed in this section other than an annual permit issued pursuant
3 to paragraph (f) of this subdivision except upon a finding by the
4 department of transportation or the appropriate authority, as the case
5 may be, that the load proposed is of one piece or item or otherwise
6 cannot be separated into units of less weight provided, however, that
7 any such permit issued upon such finding shall not be valid for the
8 operation or movement of such vehicles on any state or other highway
9 within any city not wholly included within one county. Bulk milk and
10 road salt may be considered one piece or item.
11 § 2. The opening paragraph of paragraph (f) of subdivision 15 of
12 section 385 of the vehicle and traffic law, as amended by section 4 of
13 part C of chapter 59 of the laws of 2004, is amended to read as follows:
14 The department of transportation, or other issuing authority, may
15 issue an annual permit for a vehicle designed and constructed to carry
16 loads that are not of one piece or item, which is registered in this
17 state. Motor carriers having apportioned vehicles registered under the
18 international registration plan must either have a currently valid
19 permit at the time this provision becomes effective or shall have desig-
20 nated New York as its base state or one of the eligible jurisdictions of
21 operation under the international registration plan in order to be
22 eligible to receive a permit issued pursuant to subparagraph (i), (ii)
23 or (ii-a) of this paragraph. [No] Subject to paragraph (l) of this
24 subdivision, no permit issued pursuant to this paragraph shall be valid
25 for the operation or movement of vehicles on any state or other highway
26 within any city not wholly included within one county unless such permit
27 was issued by the city department of transportation of such city.
28 § 3. Subdivision 15 of section 385 of the vehicle and traffic law is
29 amended by adding a new paragraph (l) to read as follows:
30 (l) Notwithstanding any law, local law, rule, or regulation to the
31 contrary, any vehicle which: (i) has been issued a permit pursuant to
32 subdivision fifteen of this section; (ii) is transporting road salt; and
33 (iii) does not have a gross vehicle weight rating in excess of one
34 hundred seven thousand pounds, shall be authorized to operate on all
35 public highways and bridges at any time between the months of October
36 and April.
37 § 4. This act shall take effect immediately.
