N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-1.2

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

Section 154-1.2 - Definitions

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.

(d) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(e) Towing vehicle means any self-propelled vehicle properly registered and legally entitled to be on State highways and used to draw another vehicle along the highway.

(f) Permit engineer means the individual responsible for the issuance of permits.

(g) Regional office means any one of the 11 regional traffic engineering and safety offices supervised by a regional traffic engineer.

(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.

(i) Permit agent is a department employee who has information concerning permits and who is located in the main office permit unit.

(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.

(k) Special permit vehicle means the vehicle or combination of vehicles plus load which exceeds the legal dimensions or weight.

(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.

(m) Mobile home means a vehicle designed to be drawn along the highway and constructed as a self-contained housing unit.

(n) Modular building unit means a building segment constructed at a shop or factory and intended to be transported to a building site.

(o) Highway route controlled quantity is defined in section 173.403 of title 49 of the Code of Federal Regulations.

(p) Boundaries of the municipality means the geographic boundaries of a city, town or village.

(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.

(r) [Reserved]

(s) Supervisor, heavy highway hauling permit program shall mean the individual in charge of the Permit Unit in the Main Office, Traffic and Safety Division.

(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.

(u) Overdimensional/overweight route survey shall mean a physical survey performed by the permit applicant or designated representative, of a route or routes to be taken by overdimensional/overweight vehicles. In conducting this survey the permit applicant shall assure that sufficient clearance of all physical objects along the route or routes exists for the movement or movements to be made and the roadway or bridge weight limits are not exceeded. With respect to height clearance, the survey shall guarantee that no portion of the movement shall be within three inches of any overhead object.

(v) Distribution center shall mean a location where wholesale commodities are stored for further distribution to retail locations within a geographic area.

(w) Retractable (lift) axle shall mean an axle which is hydraulically or electrically controlled so that it can be raised or lowered. When lowered, its ability to carry a load can be adjusted. The control for the movement of this axle must be outside of the reach of the driver's compartment. A lift axle must have four tires and have a manufacturers' rating of at least 10,000 pounds.

(x) Certified escort driver shall mean a person who has a valid driver's license in the State or in a jurisdiction in which he or she is a resident and has passed the New York State Escort Driver's Certification Test administered by the Department of Motor Vehicles.

(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.

N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-1.2