Current through Register Vol. 46, No. 39, September 25, 2024
(a) The lessee of a
leased vehicle, who has an exclusive leasing arrangement that exceeds 30 days,
will be presumed to be the registered owner, unless shown otherwise.
(b) The lessor will have grandfather rights
for banked weight capacity for F3, F4, F5 or F6 permits to the power units
only. Leased trailer do not have grandfather rights.
(c) A leasing entity must have had its
vehicles registered in New York prior to January 1, 1986 for F3, F4, F5 or F6
category permits, or currently registered New York for F1 and F2 category
permits in order to obtain a divisible load overweight permit for such
vehicles. The vehicle must be registered in New York at the time of permit
application and for the duration of that permit. To obtain grandfather rights
for banked weight capacity for F3, F4, F5 or F6 category permits, the leasing
entity must have obtained divisible load overweight permit(s) on power units
during the first three months of 1986.
(d) Immediate emergency leasing. An immediate
emergency leasing occurs when leasing is required either to complete a
delivery(s) or to remove a vehicle from the highway for safety purposes. The
permit will be automatically amended.
(1) The
burden is on the owner/lessee to establish that an immediate emergency leasing
situation exists.
(2) The immediate
emergency leasing will only be valid for two days.
(3) Permit violations are borne by the
lessee/owner.
(4) The lease must be
carried in the leased vehicle and be open to inspection upon request.
(e) Short-term leasing. Short-term
leasing covers circumstances in which the power unit, trailer, or single
vehicle has been rendered inoperable for a short-term, requiring the owner to
lease a replacement vehicle. A short-term leasing permit may be obtained if
there is no other available vehicle in the registered owner's possession. This
leasing situation will apply only if the lessee requires short-term leasing to
meet contractual obligations.
(1) Short-term
leasing shall not exceed 30 days.
(2) Short-term leasing of a power unit. The
lessee must apply for an amendment to the leasing entity's permit. The leased
power unit must have had a divisible load overweight permit in the name of the
leasing entity. The permit amendment will identify the lessee as the operator.
A copy of the lease must be submitted with the application. The lease or copy
must be carried in the power unit and be open to inspection upon request.
(i) The fee for this amendment application is
$100.
(ii) If the leasing entity
fails to acquire a permit in compliance with this section, the lessee must
operate the vehicle or combination of vehicles at nonpermit legal
weights.
(iii) The lessee must
obtain an annual vehicle permit for a power unit leased more than 30 days (see
subdivision [g] of this section).
(3) Short-term leasing of trailers. The
lessee must apply for an amended permit for a trailer. The lessee must have
previously obtained an annual vehicle permit for the power unit to be operated
with the leased trailer. If the permit is not amended the leased vehicle must
have, at least, the weight and vehicle dimensions as that combination of
vehicles covered under the original permit, and the combination will be limited
to the weight limitations under that original permit. If the lessee has not
previously obtained an annual vehicle permit for the power unit which will be
operated with the leased trailer, and/or the leased trailer weight and/or
dimensions does not qualify for a previously obtained vehicle permit then the
lessee must either obtain an annual vehicle permit or amend its permit, as the
case may be; otherwise, the lessee is limited to nonpermit legal weights under
section 385 (6)-(10) of the Vehicle
and Traffic Law.
(4) Combination
leasing. The lessee must apply for an amendment of the leasing entity's permit
on the power unit for a combination of vehicles.
(f) Anticipated leasing. Anticipated leasing
occurs when the lessee intends to lease either a tractor (power unit) or a
trailer for a period in excess of 30 days.
(1)
The lessee/registered owner shall be liable for permit violations.
(2) When a leasing arrangement for the
tractor (power unit) is for a period greater than or equal to six months, the
grandfather rights for banked weight capacity (F3, F4, F5 or F6 category
permits only) for that power unit remain in the lessor, unless otherwise
contracted. The lessee may not transfer these grandfather rights at the
expiration of the leasehold.
(3) If
the grandfather rights for banked weight capacity were transferred, the
lessee/registered owner must demonstrate:
(i)
that the registration was made in the name of the lessee/registered
owner;
(ii) that the leasing
arrangement was for six months or greater;
(iii) that the vehicle or combination of
vehicles met the grandfather provisions of this Part; and
(iv) the certificate of grandfather rights,
if one exists, for the vehicle or combination of vehicles.
(4) The grandfather rights for each of the
lessor's vehicles can only be utilized once.
(5) Permit application under this section
shall be subject to the same terms and conditions as permit application in
section
154-2.10 of
this Subpart.
