Current through Register Vol. 46, No. 39, September 25, 2024
As used in this Part, unless the context requires
otherwise, the following words and terms shall have the following
meanings:
(a) A special hauling permit
means an authorization by the Commissioner of Transportation for movement on
State highways of vehicles and/or loads which exceed the limitations set forth
in section 385 of the Vehicle and Traffic Law. A
special hauling permit does not, except as may be specifically provided on the
face of the permit, authorize movement between the hours of one-half hour after
sunset and one-half hour before sunrise. Special hauling permits do not
authorize movements on Saturdays, Sundays, or on the following holidays: New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and
Christmas, and from 12 noon the day preceding Memorial Day, Independence Day,
Labor Day, Thanksgiving and Christmas. For the purposes of this section, the
day preceding the above holidays only refers to normal working days, that is,
Mondays through Fridays. Overdimensional and overweight moves that are within
12 feet in width and 85 feet in length and which can maintain traffic flow
speed are allowed to move until 12 noon on Saturday unless such Saturday falls
on a holiday set forth in this section, or the day preceding. Overweight moves
that are not overdimensional and are within 125 percent of legal weight as
defined by section 385 of the Vehicle and Traffic Law, and
which can maintain traffic flow speed, are not restricted as to time of travel
or days of travel as set forth above.
(b) Types of special hauling permits.
(1) A trip permit authorizes the movement of
an oversize and/or overweight vehicle from one specific place to another by
approved routes for a period not to exceed five permissible hauling days. A
"round trip" authorizes the movement of an oversize and/or overweight vehicle
from one point to another and return hauling the same load or unladen. A
three-way movement of an oversize and/or overweight vehicle requires payment of
two permit fees.
(2) 25 air mile
radius permit authorizes movements of specified vehicles or loads for a period
of either monthly or annually, within a 25 air mile radius of the boundaries of
the municipality in which the business of the applicant is located. Contractors
and trucking concerns may obtain an additional permit authorizing movements of
specified vehicles or loads within a 25 air mile radius of limits of a specific
construction project. This permit authorizes: a maximum gross weight of 116,000
pounds for a five-axle vehicle with a minimum wheel base of 36 feet; a maximum
gross weight of 112,000 pounds for a four-axle vehicle which consists of two
steering axles with a minimum wheel base of 28 feet; a maximum gross weight of
80,000 pounds for a four-axle vehicle which consists of a steering axle with a
minimum wheel base of 22 feet; a maximum gross weight of 73,280 pounds for a
three-axle vehicle with a minimum wheel base of 17 feet, with any tandem axle
grouping limited to 56,000 pounds and any triaxle grouping limited to 60,000
pounds. The maximum width limit of 12 feet and maximum length of 72 feet. A
maximum length of 85 feet may be issued for specific vehicles on selected
routes, if the highway geometry so allows. For the purpose of this paragraph, a
"municipality" shall not include a county.
(3) 50 air mile radius permit authorizes
movements of specified vehicles or loads for a period of either monthly or
annually, within a 50 air mile radius of the boundaries of the municipality in
which the business of the applicant is located. This permit authorizes a
maximum gross weight not to exceed 135 percent of the weight prescribed in
subsection (10) of section 385 of the Vehicle and Traffic Law, and the
axle and grouping weights shall not exceed 125 percent of those provided by
subsection (8), (9), or (10) of section 385 of the Vehicle and Traffic Law. The
maximum width limit of 12 feet and maximum length of 72 feet. A maximum length
of 85 feet may be issued for specific vehicles on selected routes, if the
highway geometry so allows. For the purpose of this paragraph, a "municipality"
shall not include a county.
(4) 100
air mile radius permit authorizes movements of specified vehicles or loads for
a period of either monthly or annually, within a 100 air mile radius of the
boundaries of the municipality in which the business of the applicant is
located. This permit authorizes a maximum gross weight not to exceed 135
percent of the weight prescribed in subsection (10) of section 385 of the Vehicle and Traffic Law, and the
axle and grouping weights shall not exceed 125 percent of those provided by
subsection (8), (9), or (10) of section 385 of the Vehicle and Traffic Law. The
maximum width limit of 11 feet and maximum length of 72 feet. A maximum length
of 85 feet may be issued for specific vehicles on selected routes, if the
highway geometry so allows. For the purpose of this paragraph, a "municipality"
shall not include a county.
(5) A
bulk milk permit is a permit for bulk milk haulers. The vehicle must be of
legal dimensions, but shall not be greater than 125 percent of the weight
limitations provided in subsections (8), (9) and (10) of section 385 of the Vehicle and Traffic Law.
Continuous travel is allowed.
(6) A
blanket permit authorizes movements of specified vehicles or loads at weights
not to exceed 125 percent of the weights specified in subdivisions (8), (9) and
(10) of section 385 of the Vehicle and Traffic Law; at a
length not to exceed 72 feet: at a width not to exceed 10 feet: and at a height
not to exceed 13 feet 6 inches. Such permit shall be valid for use only on
highways of 20 or more feet of pavement width. The blanket permit shall be
issued for a period of up to one year.
(7) A building movement permit is a permit
which authorizes the movement over State highways of private homes, garages,
diners and similar large buildings over 14 feet wide. Buildings acquired by an
agreement of adjustment, sealed proposal of private sale by the Department of
Transportation are exempt from the payment of permit fees. The movement of
smaller buildings may be authorized by regular special hauling trip permits as
provided in paragraph (1) of this subdivision. A highway work permit may also
be required to authorize the demolition or movement of buildings on the State
highway right-of-way.
(8) An
overweight-radioactive material permit is a permit that authorizes the movement
of an overweight vehicle or combination of vehicles transporting low level
radioactive material from one specific location to other specific locations by
approved routes for a period not to exceed eight continuous days of travel at
the discretion of the permit engineer.
(9) Oversize farm equipment and tractors.
(i) An oversize farm equipment permit is a
permit that authorizes the movement of vehicles and implements or combinations
thereof which are over legal width as prescribed by the Vehicle and Traffic Law
and are used solely for farm purposes in accordance with conditions prescribed
in the permit. The term oversize farm equipment shall apply only to vehicles
required to be registered with the Department of Motor Vehicles pursuant to
article 14 of the Vehicle and Traffic Law and required to display license plate
identification. Two classes of oversize farm equipment permits shall be
available; namely, oversize farm equipment permits for dealers in farm
equipment; and oversize farm equipment permits for farmers.
(ii) A farm tractor permit is a permit that
authorizes the movement of farm tractors and implements or combination thereof
used exclusively for agricultural purposes and which are not required to be
registered with the Department of Motor Vehicles pursuant to article 14 of the
Vehicle and Traffic Law. Permits for farm tractors of a width greater than 17
feet, may be permitted under a trip permit pursuant to paragraph (1) of this
subdivision.
(10)
(i) A special vehicle combination permit
means a permit authorizing movement on State highways of:
(a) Two or three vehicle combinations,
consisting of a tractor semitrailer or tractor semitrailer and trailer for
specifically transporting steel, not to exceed length, height, and width as
prescribed by the Vehicle and Traffic Law and up to 140,000 pounds maximum
gross vehicle weight limited to approved routes listed on the permit in Erie
County, City of Niagara Falls in Niagara County and the City of Dunkirk in
Chautauqua County. Permits shall only cover the transportation over approved
routes to or from Pennsylvania and Canada.
(b) Stinger-steered automobile transporters
not to exceed 75 feet, not including a bumper overhang of not more than a total
of seven feet, exclusive of an overhang of not more than three feet on the
front and four feet on the rear of the vehicle and within 14 feet 6 inches in
height, within width and weight limits indicated in the Vehicle and Traffic
Law. Limited to approved routes as indicated on the permit, not to exceed seven
miles from the State border, for the purpose of transporting vehicles to a
distribution center.
(ii) The following criteria will be
considered in evaluating such permit application; maximum degree of road
curvature; intersection radii; roadway width; passing restrictions; operational
characteristics of roadway (accident rates, traffic volumes, etc.); degree and
length of grade; such other factors as may be necessary in connection with the
particular road or roads involved.
(iii) Notwithstanding any other provision of
this section, the fee for an annual permit pursuant to paragraph (10) of this
subdivision shall be $500. The fee for a monthly permit shall be $200
multiplied by the number of months for which the permit is sought. The fee for
a weekly permit shall be $100 multiplied by the number of weeks for which the
permit is sought.
(11)
Emergency blanket permit is a permit available to transporters of equipment
required to meet emergency conditions. It authorizes all emergency movements,
at any time, of specified vehicles or loads, limited to 116,000 pounds gross
weight for a five-axle vehicle with a minimum wheel base of 36 feet; a maximum
gross weight of 112,000 pounds for a four-axle vehicle which consists of two
steering axles with a minimum wheel base of 28 feet; a maximum gross weight of
80,000 pounds for a four-axle vehicle which consists of a steering axle with a
minimum wheel base of 22 feet; a maximum gross weight of 73,280 pounds for a
three-axle vehicle with a minimum wheel base of 17 feet, with any tandem axle
grouping limited to 56,000 pounds and any triaxle grouping limited to 60,000
pounds. The maximum dimensions shall not exceed 72 feet in length and 13 feet
in width and of legal height, for a period not to exceed 12 calendar months, on
State highways 20 feet or more in minimum pavement width.
(12) An oversize snow plow equipment permit
is a permit available to private contractors for authorized movement of snow
removal equipment exceeding the width limitations of section 385 of the Vehicle and Traffic Law up to a
maximum of 25 feet in width.
(13)
Permit amendment is an amendment to a special hauling permit, which must be
attached to the special hauling permit for it to be valid.
(14) An annual crane permit is a permit which
authorizes movement of a self- propelled crane exceeding the width, length and
weight limitations of section 385 of the Vehicle and Traffic Law. The
permit may authorize a width of up to 12 feet and a length of up to 85 feet.
Annual crane permits will only be issued when the permit vehicle produces a
total stress not more than 50 percent greater than the stress produced by a
standard two-axle design vehicle with a 14-foot axle spacing, a gross weight of
40,000 pounds, and an axle load ratio of 1 to 4. In addition to the total
stress limit single axles may not exceed 45,000 pounds; tandem axle groupings
may not exceed 69,000 pounds; and triaxle groupings may not exceed 77,000
pounds. Truck cranes issued radius permits subsequent to January 1, 1991, may
continue to be permitted up to 55 percent over stress through December 31, 1999
or until the vehicle is 20 years old, whichever is greater. Vehicles operating
under an annual crane permit are prohibited from crossing "R" posted bridges.
The annual crane permits will be issued for either a "base county" selected by
the permittee or for an area 25 miles in radius of the city, town or village in
which permittee's business is located. A base county permit may also authorize
movements in counties contiguous to the base county upon application. A
permanent trip log furnished by the department must be maintained by the
permittee and submitted with any permit renewal application through December
31, 1997. The log must contain the permit number, permittee, permittee address,
and a description of the vehicle by make, license number, vehicle
identification number, registered gross weight, number of axles, axle weight
and axle spacing. Permittee shall record in the log the date of each move, the
routes used and total mileage for each day. Entries must be made on the date of
each movement. The log must be current at all times. The log, or at least the
log entries for the previous 30 days must be maintained on the vehicle, and be
available for inspection by the police or department. Failure to maintain a
current log as above required may result in permit revocation. This paragraph
will expire on December 31, 1997. The fee for an annual crane permit shall be
$360 for the base county and $120 for each requested contiguous county, and
$360 for the 25-mile radius permit.
(15) Roadwork vehicle permit is a permit for
a vehicle meeting one of the following three configurations. With respect to
each configuration, the maximum axle or class weight limit shall be the lesser
of the manufacturers' rating or the weight specified below. The fee of an
annual roadwork vehicle permit is $360.
(i)
Roadwork Vehicle 1-- A twin steer four-axle single-unit vehicle with the
following criteria: Minimum wheelbase of 21 feet; minimum spacing between each
axle of the tandem group of 48 inches; maximum gross weight of 68,000 pounds;
maximum tandem weight of 36,000 pounds; and each rear axle must have four
tires. All axles must be fixed.
(ii) Roadwork Vehicle 2--A six-axle
combination vehicle with the following criteria: Minimum wheelbase of 51 feet;
minimum distance between axle groupings of 26 feet; minimum spacing between
axles of any group of 48 inches; maximum steering axle weight limited to 15,000
pounds; each individual single axle limited to 18,000 pounds; maximum tandem
grouping weight of 36,000 pounds; and maximum triaxle grouping weight of 42,500
pounds. Maximum gross weight is limited to 86,000 pounds. Each grouping must
have a minimum of two fixed axles and each axle must have four tires, except
the steering axle. Any vehicle or combination of vehicles of a model year of
1996 or later must have all axles fixed.
(iii) Roadwork Vehicle 3--A seven-axle
combination vehicle with the following criteria: Minimum wheelbase of 51 feet;
minimum distance between axle grouping of 26 feet; minimum spacing between
axles of any group of 48 inches; maximum steering axle weight limited to 15,000
pounds; each individual single axle limited to 18,000 pounds; maximum tandem
group weight of 36,000 pounds; maximum triaxle grouping weight of 42,500
pounds; and maximum gross weight limited to 91,000 pounds. Each grouping must
have a minimum of two fixed axles, and each axle must have four tires, except
for the steering axle. Any vehicle or combination of vehicles of a model year
of 1996 or later must have all axles fixed.
(c) A permittee means a municipality, public
utility company, private company, corporation, partnership, association or the
individual in whose name the permit is issued.
(h) Main office
means the Traffic and Safety Division which is located at the State Campus,
Department of Transportation, Administration and Engineering Building, Albany,
NY 12232.
(j)
A permit fee means the charge to be assessed for each oversize or overweight
vehicle authorized to move on State highways by issuance of a special hauling
permit. A permit exemption means there is no permit fee for the movement of
buildings when the applicant obtains title to a building or structure from the
Commissioner of Transportation by an agreement of adjustment, sealed proposal
or private sale and the applicant files with the department a "Certificate of
Transfer of Building or Structure," in triplicate, signed by an authorized
department employee.
(l)
(1)
Escort vehicle means a properly licensed vehicle which operates under its own
power and precedes or follows a special permit vehicle. The escort vehicle
shall not be a permitted vehicle. If an automobile is used as the escort
vehicle, it shall have a minimum internal volume of 100 cubic feet and shall
not be attached to the permitted vehicle in any manner.
(2) Certified escort vehicle means a properly
licensed vehicle which operates under its own power and precedes or follows a
special permit vehicle. The escort vehicle shall not be a permitted vehicle.
The certified escort vehicle shall have a minimum wheelbase of 100 inches
unless otherwise authorized by the Department of Transportation, and must be
operated by a person who is a certified escort driver and shall not be attached
to the permitted vehicle in any manner. The certified escort vehicle must
conform to the certified escort vehicle requirements in sections
154-1.12,
154-1.3 and
154-1.14
of this Subpart.
(q) Nondivisible load
shall mean one piece or item which cannot be separated into units of less
weight without affecting the physical integrity of the load. A nondivisible
load is not a fungible load. Fungible loads consist of articles which are not
distinguishable by a description referring to the particular item, but rather
are distinguishable by the ascertainment of weight and measure. The constituent
parts which make up nondivisible loads are distinguishable from each other by
physical differences in size, shape, texture and/or quality. Examples of
nondivisible loads may include but are not limited to single poles, girders,
columns, wood or metal trusses, buildings, houses and such determinations made
pursuant to subparagraph (e) of subdivision 15 of section 385 of the Vehicle and Traffic Law. By
statute a nondivisible load includes bulk milk.
(t) Sealed shipping container shall mean a
container sealed for shipment. Loads must be identified as "SEALED SHIPPING
CONTAINER". Permits for sealed shipping containers may be issued for either a
single trip, monthly or annually. All dimensions must conform to the Vehicle
and Traffic Law, and may not exceed 125 percent of the weight allowed by
subsection 8, 9 or 10 of section 385 of the Vehicle and Traffic Law. The
permit shall be issued only for movements of containers to or from seaports or
foreign countries.
(y) The New York State Certified Escort
Manual means a manual published by the New York State Department of
Transportation, New York State Department of State Police, New York State
Department of Motor Vehicles and the New York State Thruway Authority and is
available by contacting any of the above agencies. This manual is available
without fee, and is incorporated by reference in this Subpart.
