N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.10

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

Section 154-2.10 - Permit application

(a) Vehicles or combinations of vehicles which exceed the weight limitations in section 385 of the Vehicle and Traffic Law must obtain a permit issued by the department in order to operate on State highways under the jurisdiction of the department. A permit is not valid unless the vehicle or combination of vehicles is operated and maintained in accordance with the provisions of this Subpart and with any other requirements indicated on the permit.

(b) An application form for a permit under this Subpart may be obtained pursuant to section 154-1.20 of this Part. All applications must be on the forms prescribed by the Department of Transportation, and must be completed by the applicant or representative. The applicant must be the registered owner of the vehicle except for a leased vehicle.

(c) Proof of registration. Applicants must be able to document that vehicles and replaced vehicles were registered in New York as provided by this Subpart. The vehicle must be registered in New York prior to obtaining a permit and permittee must maintain such registration for the duration of the permit. Vehicles registered under the international registration plan, must either have a currently valid permit or shall have designated New York as its base state.

(d) Applicant must submit with its application a copy of the registration of each vehicle or replacement vehicle, and has the burden of establishing the validity of the New York registration.

(e) The power unit shall be identified by make, year of manufacture, vehicle identification number and license plate number.

(f) The manufacturer-recommended gross weight rating and the registered gross vehicle weight shall be indicated.

(g) Axle weight(s) ratings, spacings, number of tires and tire sizes shall be indicated.

(h) The registered owner, or designated agent, must complete and submit the requisite number of copies, together with the application, the required permit fee, as well as any additional required supporting documentation such as letters of transfer, manufacturers specifications, proof of prior registration, active original permits (for transfers). Such information shall be mailed to the department, or submitted in person at the address listed on the application.

(i) If an application for a divisible load overweight vehicle permit is denied because it is incorrect, incomplete, or lacks required supporting documentation, a $50 administrative handling fee shall be charged and the balance of the annual vehicle fee shall be credited to the permittee's account or returned upon request.

(j) No refund shall be made after an application has been filed and a permit granted.

(k) Permits issued on the basis of false or incorrect information shall be null and void for purposes of enforcement under section 385 of the Vehicle and Traffic Law and may be revoked or amended by the department.

(l) If the registered owner of the vehicle has changed after a permit has been issued, the new owner must obtain a permit.

(m) Permits may only be transferred to a replacement vehicle by the same registrant or transferred with the permitted vehicle as part of the sale or transfer of the permit holder's business.

N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.10