STATE OF NEW YORK
________________________________________________________________________
3220
2009-2010 Regular Sessions
IN ASSEMBLY
January 23, 2009
___________
Introduced by M. of A. EDDINGTON -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the
violation of weight standards for vehicles
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (c) and (d) of subdivision 19 of section
2 385 of the vehicle and traffic law, paragraph (a) as added by section 6
3 of part C and the opening paragraphs of paragraphs (c) and (d) as
4 amended by section 7 of part C of chapter 59 of the laws of 2004, para-
5 graphs (c) and (d) as added by chapter 929 of the laws of 1985, are
6 amended to read as follows:
7 (a) A violation of the provisions of subdivision eight, nine, or ten
8 of this section by any vehicle or combination of vehicles whose weight
9 exceeds the weight limitations as set forth in this section, or a
10 violation of such rules and regulations, by any vehicle or combination
11 of vehicles whose weight exceeds the weight limitations as set forth in
12 this section or such rules and regulations, or a violation of the weight
13 limitations specified by permit issued pursuant to subdivision fifteen
14 of this section shall be punishable by fines levied on the registered
15 owner of the vehicle or vehicles, regardless whether at the time of the
16 violation the vehicle was in the charge of the registered owner or the
17 owner's agent or lessee in accordance with the following schedule:
18 Percent of excess Amount of FirstSecond and
19 weight (percentage) less than fine offensesubsequent
20 greater than or equal to (dollars) offenses
21 0 2.0 [150] 3001500
22 2.0 4.0 [300] 6003,000
23 4.0 6.0 [450] 9004,000
24 6.0 7.0 [525] 1,0505,250
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04657-01-9
A. 3220 2
1 7.0 8.0 [600] 1,2006,000
2 8.0 10.0 [750] 1,5007,500
3 10.0 12.0 [950] 1,9009,500
4 12.0 14.0 [1,150] 2,30011,500
5 14.0 16.0 [1,350] 2,70013,500
6 16.0 18.0 [1,550] 3,10015,500
7 18.0 20.0 [1,750] 3,50017,500
8 20.0 22.0 [1,950] 3,90019,500
9 22.0 24.0 [2,150] 4,30021,500
10 24.0 26.0 [2,350] 4,70023,500
11 26.0 28.0 [2,550] 5,10025,500
12 28.0 30.0 [2,750] 5,50027,500
13 30.0 32.0 [2,950] 5,90029,500
14 32.0 34.0 [3,150] 6,30031,500
15 34.0 36.0 [3,350] 6,70033,500
16 36.0 38.0 [3,550] 7,10035,500
17 38.0 40.0 [3,750] 7,50037,500
18 40.0 [3,750] 7,50037,500
19 or greater [plus $125 for
20 each percent
21 over 40 percent]
22 (NOTE: Where the total weight, axle weight or axle grouping weight is
23 greater than seven percent including any applicable enforcement scale
24 tolerance in excess of the limits specified by a permit in areas outside
25 a city not wholly contained in one county, the permit shall be deemed
26 voided and then the amount of fine shall be determined in accordance
27 with the maximum weight which would have been in effect for the opera-
28 tion of such vehicle if the permit to exceed such maximum weight had not
29 been issued.)
30 (c) Notwithstanding paragraphs (a) and (b) of this subdivision, a
31 violation of the provisions of subdivision ten of this section in a city
32 not wholly included within one county or of the provisions of the rules
33 or regulations of the city department of transportation setting forth
34 the maximum allowable gross weight for the operation of a vehicle in
35 such city without a permit for such vehicle, by any vehicle or combina-
36 tion of vehicles whose weight exceeds the weight limitations as set
37 forth in this section, or such rules and regulations, or the weight
38 limitations specified by permit issued pursuant to subdivision fifteen
39 of this section (excluding enforcement scale tolerance not to exceed
40 five percent) shall be punishable by fines levied on the registered
41 owner of the vehicle or vehicles, regardless whether at the time of the
42 violation the vehicle was in the charge of the registered owner or his
43 agent or lessee in accordance with the following schedule:
44 Excess Total Amount of FirstSecond and
45 Weight (pounds) less than Fine OffenseSubsequent
46 greater than or equal to (dollars) Offenses
47 0 2,000 [50] 100500
48 2,000 3,000 [75] 150750
49 3,000 4,000 [100] 2001,000
50 4,000 5,000 [200] 4002,000
51 5,000 6,000 [300] 6003,000
52 6,000 7,000 [400] 8004,000
53 7,000 8,000 [500] 1,0005,000
54 8,000 9,000 [600] 1,2006,000
A. 3220 3
1 9,000 10,000 [700] 1,4007,000
2 10,000 15,000 [1,200] 2,40012,000
3 15,000 20,000 [1,700] 3,40017,000
4 20,000 25,000 [2,200] 4,40022,000
5 25,000 30,000 [2,700] 5,40027,000
6 30,000 35,000 [3,200] 6,40032,000
7 35,000 40,000 [3,700] 7,40037,000
8 40,000 45,000 [4,200] 8,40042,000
9 45,000 50,000 or greater [4,700] 9,40047,000
10 (NOTE: Where the excess total weight is greater than the limits speci-
11 fied by a permit, the permit shall be deemed voided and then the amount
12 of fine shall be determined in accordance with the maximum weight which
13 would have been in effect for the operation of such vehicle if the
14 permit to exceed such maximum weight had not been issued.)
15 (d) Notwithstanding paragraphs (a) and (b) of this subdivision, a
16 violation of the provisions of subdivisions eight and nine of this
17 section in a city not wholly included within one county or of the
18 provisions of the rules or regulations of the city department of trans-
19 portation setting forth the maximum allowable axle or tandem axle weight
20 for the operation of a vehicle in such city without a permit for such
21 vehicle, by any vehicle or combination of vehicles whose weight exceeds
22 the weight limitations as set forth in this section, or such rules or
23 regulations, or the weight limitations specified by permit issued pursu-
24 ant to subdivision fifteen of this section shall be punishable by fines
25 levied on the registered owner of the vehicle or vehicles, regardless
26 whether at the time of the violation the vehicle was in the charge of
27 the registered owner, or his agent, or lessee, in accordance with the
28 following schedule:
29 Percent of excess Amount of FirstSecond and
30 weight (percentage) less than Fine OffenseSubsequent
31 greater than or equal to (dollars) Offenses
32 0 5.0 [100] 2001,000
33 5.0 10.0 [200] 4002,000
34 10.0 15.0 [350] 7003,500
35 15.0 20.0 [600] 1,2006,000
36 20.0 25.0 [1000] 2,00010,000
37 25.0 30.0 [1600] 3,20016,000
38 30.0 35.0 [2450] 4,90024,500
39 35.0 40.0 [3600] 7,20036,000
40 40.0 45.0 [5100] 10,20051,000
41 45.0 [7000] 14,00070,000
42 (NOTE: Where the excess axle or axles weight is greater than the limits
43 specified by a permit, the permit shall be deemed voided and then the
44 amount of fine shall be determined in accordance with the maximum weight
45 which would have been in effect for the operation of such vehicle if the
46 permit to exceed such maximum weight had not been issued.)
47 § 2. This act shall take effect immediately.
