New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter IV - Highways
Subchapter C - Highway Use And Maintenance
Part 154 - Special Hauling Permits
Subpart 154-2 - Divisible Load Overweight Permits
Section 154-2.16 - Replacement rights

Universal Citation: 17 NY Comp Codes Rules and Regs ยง 154-2.16

Current through Register Vol. 46, No. 39, September 25, 2024

(a) F1 and F2 permits. Replacement rights attach to a self-powered vehicle, tractor or power unit which is registered and currently permitted in New York. Upon the transfer of a vehicle to which a permit is or has been permitted within the last four years the permit eligibility rights of the vehicle must be clearly identified. Permit rights cannot be transferred to a new owner or company unless transferred with the vehicle and are part of the sale of the business.

(1) A certificate of grandfather rights may be obtained in connection with a divisible load overweight permit from the Department of Transportation for each tractor or power unit which is operational on public highways.

(2) The new owner of a business will not be eligible for a divisible load overweight permit for the purchased vehicle(s) unless a certificate of grandfather rights is submitted with the application.

(3) If a permit is revoked pursuant to this Part the certificate of grandfather rights issued pursuant to the revoked permit may be modified, or found null and void, and must be returned to the department immediately.

(b) F3, F4, F5 and F6 category permits. The replacement rights attach to a self-powered vehicle, tractor or power unit which was registered in New York at some time prior to January 1, 1986 and which was operational on public highways at some time during the three-year period prior to January 1, 1986. Upon the transfer of a vehicle to which a permit has been previously issued, the permit eligibility rights of the vehicle must be clearly identified. Permit rights cannot be transferred to a new owner or company unless they are being transferred with the vehicle and are part of the sale of the business.

(1) A certificate of grandfather rights may be obtained in connection with a divisible load overweight permit from the Department of Transportation for each tractor or power unit which was registered at some time prior to January 1, 1986 and which was operational on public highways at some time during the three-year period prior to January 1, 1986.

(2) The new owner of a business will not be eligible for a divisible load overweight permit for the purchased vehicle(s) if there is not a certificate of grandfather rights submitted with the permit application.

(3) If a permit is revoked pursuant to the provisions of this Part by the Commissioner of the Department of Transportation, the certificate of grandfather rights which was issued pursuant to the terms of the revoked permit may be modified or found null and void and must be returned to the department immediately by the permittee.

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