N.Y. Comp. Codes R. & Regs. tit. 17 § 129.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 129.3 - Required conditions

(a)

(1) Except in emergencies, the applicant will notify the regional director and resident engineer in writing, at last 72 hours before work is started. This notice will contain a complete description of the work to be done, including sketches where essential.

(2) In emergencies, telephone notice will be immediately given the resident engineer, and the full requirements of paragraph (1) of this subdivision will be met as soon as possible and not later than the first working day following the emergency notice.

(b) The Commissioner of Transportation reserves the right to revoke or annul the permit at any time and at his discretion without a hearing or the necessity of showing cause.

(c) The applicant agrees to pay all necessary costs incident to inspections by reason of the granting of a permit, as certified by the regional director of the Department of Transportation.

(d) The privilege granted by a permit does not authorize any infringement of Federal, State or local laws or regulations, and is limited to the extent of the authority of the Commissioner of Transportation in the premises. A permit may not be assigned or transferred without the written consent of said commissioner.

(e) The applicant will have on file with the Department of Transportation an acceptable undertaking under which the insurance requirements have been waived by the Commissioner of Transportation. Further, the waiver of such insurance requirements shall not abridge, diminish or affect a permittee's legal responsibilities for the consequences of accidents arising out of or resulting from operations of a permittee under a permit.

(f)

(1) If no waiver of such insurance requirements is granted, the applicant shall comply with the financial responsibility requirements set forth in Part 127 of this Title.

(g) In the event an applicant does not desire to furnish an undertaking, or an undertaking is not acceptable to the department, the above insurance requirements must be complied with and the applicant must furnish the Department of Transportation with a deposit of a certified check, a bank check or negotiable instrument acceptable to the New York State Department of Transportation, or a bond in the amount of $100,000, or a certified check, a bank check or negotiable instrument acceptable to the New York State Department of Transportation, or a bond in the amount of $100,000 payable to or for the benefit of the State Department of Transportation, to guarantee satisfactory completion of any and all work undertaken in accordance with the terms of the permit.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 129.3

Amended, New York State Register, Volume XXXVI, Issue 25, effective 7/1/2014