N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-1.1

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

Section 154-1.1 - General

(a) Vehicles or combinations of vehicles, the weight or dimensions of which exceed the limitations provided for in section 385 of the Vehicle and Traffic Law, may be operated or moved on highways under the jurisdiction of the Department of Transportation for good cause when authorized under a permit (called a "special hauling permit") issued by the Department of Transportation. A special hauling permit shall not be considered valid unless the vehicle or combination of vehicles is operated and maintained in accordance with New York State Law, the provisions of this Part and with any other special requirements indicated on the permit.

(b) A copy of any valid special hauling permit shall be kept with the driver of every such vehicle while the vehicle is in operation within the State of New York and any other sticker which may be used to identify the holder of such permit shall be affixed to the vehicle in accordance with the instructions of the department. Failure of a vehicle to be identified as herein required shall render the permit void. Upon request said permit shall be displayed to any peace officer, acting pursuant to his or her special duties, or police officer, or any other officer or employee authorized to enforce this section, upon their request.

(c) A permit fee will be charged for each special hauling permit issued in accordance with the fee schedule as shown in section 154-1.20 of this Subpart. Such fee shall be paid by a money order, a certified check, a bank check, a check drawn on a New York State bank, or a negotiable instrument acceptable to the New York State Department of Transportation, made payable to the New York State Department of Transportation, and such fee shall be paid when application is made for a permit. Permit fees are nonrefundable.

(d) The Commissioner of Transportation may waive any of the provisions contained in the Part when special conditions warrant.

(e) The Commissioner of Transportation may revoke any permit issued pursuant to this Subpart without a hearing or the necessity of showing cause.

(f) The provisions of the Code of Federal Regulations (CFR) that have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the books entitled: Title 49 CFR Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400 to 571 and Parts 572 to 999 revised as of October 1, 2022, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The incorporated regulations may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation and Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Publishing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

(g) Except as provided by any cooperative agreement under subsection 15-a of section 385 of the Vehicle and Traffic Law, or under special circumstances involving public safety, potential damage to highways or bridges, or operational reasonableness, special hauling permits authorize operation on the State system of highways. If the department determines that such special circumstances require the use of a highway not on the State system, the department may issue a special hauling permit authorizing operation on a non-State system highway only after notifying the affected municipality and allowing a minimum of 15 days for comment. Permits involving use of non-State system highways shall apply only to movements which primarily involve the use of State system highways.

N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-1.1

Amended, New York State Register January 28, 2015/Volume XXXVII, Issue 04, eff. 1/28/2015

Amended New York State Register April 24, 2019/Volume XLI, Issue 17, eff. 4/24/2019

Amended New York State Register August 11, 2021/Volume XLIII, Issue 32, eff. 8/11/2021

Amended New York State Register May 29, 2024/Volume XLVI, Issue 22, eff. 5/29/2024