(a) Definitions.
(1) Highway. When used in this section, a highway shall mean the entire width between the boundary lines of every public way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and includes any street, avenue, road, square, place, alley, lane, highway, boulevard, concourse, parkway, driveway, culvert, sidewalk, crosswalk, boardwalk, viaduct, underpass and any private street open to public motor vehicle traffic.
(2) Exception. The provisions of this section shall not apply to any vehicle authorized by the Federal Surface Transportation Assistance Act of 1982, as amended, when such vehicle is operating pursuant to the provisions of such act.
(b) Dimensions and weights of vehicles. No person shall operate or move, or cause or knowingly permit to be operated or moved on any highway or bridge any vehicle or combination of vehicles of a size or weight exceeding the limitations provided for in this subdivision (b).
(1) Width of vehicle. The width of a vehicle, inclusive of load, shall not be more than eight feet except that the width of school buses and fire vehicles shall not exceed 98 inches and the width of buses having a carrying capacity of more than seven passengers shall not exceed 102 inches.
(2) Height of vehicle. The height of a vehicle from underside of tire to top of vehicle, including its load, shall not be more than 13 1/2 feet; provided, however, that air cargo carried in containers and pallets loaded onto flatbed trucks that thereby exceed such height may travel between any airport under the jurisdiction of the port of New York authority and off-airport facilities involved in the handling of air cargo located within one mile of such airport on local routes to be designated by the Commissioner. Any such vehicle on such route shall not be required to obtain a permit for such travel.
(3) Length of single vehicles. The length of a single vehicle, inclusive of load and bumpers shall not be more than 35 feet. The provisions of this paragraph (3) shall not apply to semitrailers, fire vehicles, single unit buses having a capacity of more than fifteen passengers, provided the length of such buses does not exceed 45 feet; or articulated buses provided the length of such bus does not exceed 65 feet. Operators of buses longer than 45 feet in length may be required to demonstrate that on-street stops and terminal areas used by such buses are of sufficient length to accommodate them. In no case shall any bus that has a turning radius greater than 50 feet operate without a permit for such operation issued by the Commissioner;
(4) Length of combinations of vehicles. The total length of a combination of vehicles, inclusive of load and bumpers, shall not be more than 55 feet, except that the combination of vehicle, load and bumper of vehicles hauling poles, girders, columns or other similar objects of great length which are indivisible, shall not be more than 60 feet. The provisions of this paragraph (4) shall not apply to any fire vehicle or to a vehicle or combination of vehicles that is disabled and unable to proceed under its own power and is being towed for a distance of not more than ten miles for the purpose of repair or removal from the highway. The provisions of this paragraph (4) shall not apply to a combination of vehicles that are operating pursuant to subdivision (j) of this section.
(5) Number of wheels and axles. In determining the number of wheels and axles on any vehicle or combination of vehicles within the meaning of this subdivision (b), only 2 wheels shall be counted for each axle, and axles that are fewer than 46 inches apart from center to center shall be counted as 1 axle. However, in the case of multiple tires or multiple wheels, the sum of the widths of all tires on a wheel or combination of wheels shall be taken in determining tire width.
(6) Weight per inch of tire. The weight per inch width of tire of any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall not be more than 800 pounds.
(7) Weight on one wheel. The weight on any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall not be more than 11,200 pounds.
(8) Weight on one axle. The weight on any one axle of a single vehicle or combination of vehicles, equipped with pneumatic tires, when loaded, shall not be more than 22,400 pounds.
(9) Weight on two axles. The weight on any two consecutive axles of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, and when such axles are spaced fewer than 10 feet from center to center, shall not be more than 36,000 pounds. Axles shall be counted as provided in paragraph (5) of this subdivision (b).
(10) Weight on three axles. A single vehicle or a combination of vehicles having 3 axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axle to the center of the rearmost axle. Axles shall be counted as provided in paragraph (5) of this subdivision (b). In no case, however, shall the total weight exceed 80,000 pounds, except for a combination of vehicles that are operating, pursuant to Subdivision (j)(3) of this section where the total weight shall not exceed 90,000 pounds, without any tolerance for enforcement purposes.
(11) Weight on solid rubber tires. A vehicle or combination of vehicles equipped with any solid rubber tires shall not have a load weighing more than 80% of the total weight permitted in this subdivision (b) for pneumatic tires.
(12) Width of tires. For the purpose of this subdivision (b), the width of pneumatic tires shall be ascertained by measuring the greatest width of the tire casing when the tire is inflated. The width of solid rubber tires shall be ascertained by measuring the width of the tire base channel or between the flanges of the metal rim. No vehicle equipped with solid rubber tires, which has at any point less than 1 inch of rubber above the top or beyond the flange or rim, shall be operated upon a public highway. The width of metal tires shall be ascertained by measuring the width of contact of the tire with the road surface.
(13) Weight and height restrictions on bridges, viaducts and other structures. No person shall operate or move a vehicle or combination of vehicles over, on or through any bridge, viaduct or other structures on any highway if the weight of such vehicle or combination of vehicles and load is greater than the posted capacity of the structure or exceeds the height of the posted clearance as shown by an official sign or other marking or device.
(14) Other limits also in effect. Nothing m this subdivision (b) shall be construed as preventing the enforcement of rules now in effect or hereafter promulgated by the Department of Transportation further limiting the size and weight of vehicles in designated areas.
(15) Permits. Upon application in writing showing good cause, the Commissioner may issue a permit to operate or move a vehicle or a combination of vehicles, the weights and dimensions of which exceed the limitations provided for in this subdivision (b), upon any highway under his/her jurisdiction. Every such permit may designate the route to be traversed and may contain any other restrictions or conditions deemed necessary by the Commissioner. Every such permit shall be carried on the vehicle to which it refers and shall be open to the inspection of any law enforcement officer or any inspector of the Bureau of Weights and Measures of the Department of Consumer Affairs of the City of New York. All permits issued shall be revocable by the Commissioner at his/her discretion without a hearing or the necessity of showing cause.
(i) If an operator of a vehicle with a gross weight of 300,000 pounds or more seeks to cross a bridge under the jurisdiction of the Department of Transportation of the City of New York, the operator must comply with the following:
(A) A load rating determined by a New York State licensed Professional Engineer with at least three years experience in the design, inspection and load rating of bridges must be submitted with the permit application. The information contained within such load rating shall include, but is not limited to: (1) the ratings for the inventory and operating level for all structural elements of the bridge so that the critical element of the bridge is identified; (2) the actual weight of the vehicle per axle and the actual axle spacing; and (3) the method used for establishing the capacity of the bridge(s). Load ratings shall be submitted for each bridge on the travel route. Load ratings should conform to "Level 1" load ratings pursuant to New York State Department of Transportation Engineering Instructions for Load Ratings and the latest edition of the American Association of State Highway and Transportation Officials (AASHTO) Condition Evaluation of Bridges. Each load rating must be stamped and certified by the licensed Professional Engineer who prepared it.
(B) Within one week from the vehicle's crossover of the bridge(s), the permittee must file a post inspection report of the bridge(s) with the Department. The post inspection report should analyze the structural integrity of the bridge(s), to the Department's satisfaction, as a result of the vehicle's crossover. If the post inspection report indicates any type of distress to the bridge(s), the permittee must rectify the distress and/or damage to the Department's satisfaction. The permittee may submit a pre-inspection report of the bridge's structural integrity for comparison purposes; otherwise the Department will use its latest biennial inspection reports for such purposes. Any pre or post inspection report must comply with the requirements set forth in the latest edition of the New York State Department of Transportation Bridge Inspection Manual. Any distress that is not identified in the pre-inspection report or the biennial inspection reports will be deemed to have been caused by the move.
(C) Should the permittee fail to comply with any of the requirements contained in this subparagraph, the Commissioner may refuse to issue future overweight and/or overdimensional vehicle permits to the permittee.
(ii) [Reserved.]
(16) Permits for vehicles operating pursuant to governmental regulation.
(i) Where compliance with the requirements of a governmental regulatory agency necessitates exceeding the weight limitations provided herein, a permit may be issued by the Commissioner on application therefor, for a vehicle to exceed such prescribed weight limitations to the extent necessary to meet the governmental regulatory requirements, but in no event shall the allowable total vehicle weight provided herein be exceeded.
(ii) The application shall include the type of vehicle, the manner and extent to which the weight limitations are to be exceeded, the design details causing such excess and a copy of the governmental regulatory agency requirements.
(17) Fees. An administrative fee of $35.00 shall be charged for each and every permit issued under this subdivision (b) unless otherwise provided by law. This fee shall not be refundable and is payable in addition to any other fees or charges provided for under the rules of the Department of Transportation.
(18) Exemptions.
(i) Fire Department vehicles. The provisions of this subdivision (b) with respect to the limitations of the weight on axles shall not apply to vehicles of the Fire Department, but in no event shall the allowable total vehicle weight provided hereby be exceeded.
(ii) Department of Sanitation vehicles. The provisions of this subdivision (b) with respect to the width of a vehicle shall not apply to the sweepers of the Department of Sanitation, provided they do not exceed 11 feet in width.
(iii) Vehicles working on highways. The provisions of this subdivision (b) with respect to the width of a vehicle shall not apply to vehicles engaged in work on a highway.
(c) Enforcement; measurement and weight of vehicles. Any law enforcement officer or any inspector of the Department of Consumer Affairs of the City of New York having reason to believe that any vehicle or load is in violation of the restrictions in subdivision (b), above, is authorized to stop the vehicle on any public highway or private street open to public motor vehicle traffic and measure and weigh it by means of portable or stationary measures and scales. Any law enforcement officer or such inspector may require that the vehicle be driven to the nearest scales, if they are within 3 miles.
(d) Responsibility for damages. The owner and operator of any vehicle used in the business of a motor carrier, and the carrier, if the vehicle is actually engaged in the conduct of the business, shall be jointly and severally responsible for all damages, to any highway, bridge or culvert resulting from the movement over or under them of any such vehicle that violates any of the weight or size provisions of subdivision (b) above.
(e) Special concrete plant. Upon application in writing and for cause shown, the Commissioner may issue permits to exceed the maximum weight limits provided for in these rules for two- or three-axle vehicles operated in connection with the manufacture or supply of concrete for construction projects located in New York City, provided that such vehicles are registered to or leased by the owner of a manufacturing facility constructed subsequent to January 1, 1986 on land provided by the City for such purposes.
(f) Annual overweight load permit.
(1) Permits generally. Except where inconsistent with any federal law, rule or regulation, the Commissioner may issue an annual overweight load permit, as provided in subdivision fifteen of section three hundred eighty-five of the Vehicle and Traffic Law, to expire on the date of expiration of the registration of the vehicle, for any vehicle designed and constructed to carry loads that are not of one piece or item, which vehicle currently is registered in this State and operational on public highways in this State and which was registered in this State and operational on public highways in this State immediately prior to January first, nineteen hundred eight-six, in accordance with the following subparagraphs. The Commissioner also may issue an annual permit to a vehicle or combination of vehicles which replaces a vehicle, which vehicle or combination of vehicles was registered in this State and operational on public highways in this State immediately prior to January first, nineteen hundred eighty-six, provided the manufacturer's recommended maximum gross weight of the replacement vehicle or combination of vehicles does not exceed the weight for which a permit may be issued and the maximum load to be carried on the replacement vehicle or combination of vehicles does not exceed the maximum load which could have been carried on the vehicle being replaced or the registered weight of such vehicle, whichever is lower, in accordance with the following subparagraphs. Motor carriers having apportioned vehicles registered under the international registration plan either must have a currently valid permit as of January first, nineteen hundred ninety-four or shall have designated New York as their base state under the international registration plan in order to be eligible to receive such permit. If a permit holder operates a vehicle or combination of vehicles in violation of any posted weight restriction, the permit issued to such vehicle or combination of vehicles shall be deemed void as of the next day and shall not be reissued for a period of twelve calendar months; provided, however, that if such violation is adjudicated in favor of the permittee by the New York State Traffic Violations Bureau, the permit shall be reinstated immediately upon presentation of a copy of such judgment to the Commissioner.
(i) A permit may be issued for a vehicle having at least three axles and a wheelbase not exceeding forty-four feet nor less than seventeen feet or for a vehicle with a trailer not exceeding forty feet. A permit may only be issued for such a vehicle having a maximum gross weight not exceeding seventy-nine thousand pounds and any tandem axle group weight shall not exceed fifty-nine thousand pounds, and any tridem shall not exceed sixty-four thousand pounds.
(ii) A permit may be issued only until December thirty-first, nineteen hundred ninety-nine for a vehicle or combination of vehicles that has been permitted within the past four years having five axles and a wheelbase of at least thirty-six and one-half feet. The maximum gross weight of such a vehicle or combination of vehicles shall not exceed one hundred five thousand pounds and any tandem axle group weight shall not exceed fifty-one thousand pounds. A permit may be issued for a vehicle or combination of vehicles having at least five axles and a wheelbase of at least thirty feet. The maximum gross weight of such vehicle or combination of vehicles shall not exceed ninety-three thousand pounds and any tandem axle group weight shall not exceed forty-five thousand pounds and any tridem axle group weight shall not exceed fifty-seven thousand pounds.
(iii) A permit may be issued for a vehicle or combination of vehicles having at least five axles or more and a wheelbase of at least thirty-six and one-half feet, provided such permit contains routing restrictions. Until December thirty-first, nineteen hundred ninety-four, the maximum gross weight of a vehicle or combination of vehicles permitted under this subparagraph shall not exceed one hundred twenty thousand pounds and any tandem or tridem axle group weight shall not exceed sixty-nine thousand pounds, provided, however, that any replacement vehicle or combination of vehicles permitted after January first, nineteen hundred ninety-five, shall have at least six axles, any tandem axle group shall not exceed fifty thousand pounds and any tridem axle group shall not exceed sixty-nine thousand pounds. After December thirty-first, nineteen hundred ninety-four, the tridem axle group weight of any vehicle or combination of vehicles issued a permit under this subparagraph shall not exceed sixty-seven thousand pounds, any tandem axle group weight shall not exceed fifty thousand pounds and any single axle weight shall not exceed twenty-five thousand seven hundred fifty pounds. After December thirty-first, nineteen hundred ninety-nine, all vehicles issued a permit under this subparagraph must have at least six axles.
(iv) A permit may be issued for a vehicle having two axles and a wheelbase not less than ten feet, with the maximum gross weight not in excess of one hundred twenty-five percent of the total weight limitation as set forth in subdivision ten of section three hundred eighty-five of the New York State Vehicle and Traffic Law. Furthermore, any axle weight shall not exceed twenty-seven thousand pounds.
(2) Combination permits.
(i) Each power unit of a combination of vehicles must have its own annual overweight load permit. A power unit may be used to obtain any number of permits for different combinations of vehicles as long as each permit has a maximum of five trailers per power unit. Only the first permit issued to a power unit pursuant to this paragraph is transferable pursuant to subparagraph (ii) of paragraph three of this subdivision.
(ii) A permit issued to a power unit for a combination of vehicles under subparagraph (i) of this paragraph may not be used for trailers other than those specifically listed on each permit.
(iii) All trailers must be listed on the corresponding permit by vehicle identification number (VIN), license plate number or trailer certificate of title number.
(iv) For each permit issued to a power unit for a combination of vehicles, up to five trailers will be listed with the payment of a $25.00 fee for each trailer other than the first trailer in addition to the permit fee set forth in subparagraph (ii) of paragraph six of this subdivision.
(3) Replacement vehicle permits. A "replacement vehicle" is a vehicle or combination of vehicles that replaces a vehicle with a current annual overweight load permit. A replacement vehicle may be eligible for an annual overweight load permit, subject to the following:
(i) A replacement vehicle or combination of vehicles may be eligible for an annual overweight load permit, provided the manufacturer's recommended maximum gross weight of the replacement vehicle or combination of vehicles does not exceed the weight for which a permit may be issued pursuant to this section and the maximum load to be carried on the replacement vehicle or combination of vehicles does not exceed the maximum load which could have been carried on the vehicle being replaced or the registered weight of such vehicle, whichever is lower.
(ii) Effective October 1, 1995, an annual overweight load permit may only be transferred to a replacement vehicle with the same registrant or transferred with the permitted vehicle as part of the sale or transfer of the permit holder's business. Acceptable forms of proof of the sale or transfer of the permit holder's business shall include, but not be limited to, a notarized statement, a statement attested to by at least two independent witnesses, a certified copy of the document of sale or transfer, a will or other official document disposing of the business. Only one permit issued to a power unit pursuant to paragraph two above is eligible for transfer.
(iii) Banking.
(A) For purposes of this section, "banked weight" shall mean the New York State highest registered gross legal weight of a vehicle or combination of vehicles prior to April first, nineteen hundred eighty-seven; such vehicle or combination of vehicles must have been registered in New York State and operational on public highways in this State immediately prior to January first, nineteen hundred eighty-six in order to be part of the banked weight system.
(B) Excess weight capacity that can be banked arises from the following situations: (a) a replacement vehicle has a gross vehicle weight less than the banked weight capacity of the replaced vehicle; or (b) the statutory reduction in allowable maximum weights under the permit results in a permissible maximum weight less than the banked weight capacity; or (c) there is a voluntary surrender of a permit or permits in order to obtain one or more replacement permits, and there is excess weight after the issuance of the new permit or permits; or (d) there is a voluntary surrender of a permit without obtaining a new permit.
(C) Any vehicle whose permit has been surrendered voluntarily, and its weight banked, cannot obtain another annual overweight load permit.
(D) Banked weight can be used only to justify the acquisition of additional vehicles or combinations of vehicles pursuant to this subdivision. (a) Claims of replacement vehicle rights based on banked weight capacity must indicate the source of the banked weight capacity. (b) The banked weight capacity for any replacement vehicle or combination of vehicles shall not exceed the allowable permitted weight for such replacement vehicle or combination of vehicles, and shall not exceed the gross weight capacity of the replaced vehicle or combination of vehicles. (c) Unused banked weight capacity cannot justify a replacement vehicle or combination of vehicles that has a gross weight capacity greater than the replaced vehicle or combination of vehicles. (d) Any replacement vehicle may be replaced pursuant to the provisions of this section; when a replacement vehicle; has been replaced it becomes ineligible for further annual overweight load permits pursuant to this section.
(E) If a permit is revoked pursuant to the provisions of this subdivision, the permitted weight cannot be banked.
(4) Leasing.
(i) The lessor of a leased vehicle may obtain a permit for the vehicle pursuant to this subdivision (f).
(ii) The lessee of a leased vehicle who has an exclusive leasing arrangement that exceeds thirty days will be presumed to be the registrant for purposes of obtaining a permit, unless shown otherwise.
(iii) Where a leasing agreement is for thirty days or less, and the lessor has not obtained a permit for the leased vehicle, the lessee must obtain a single use permit for each day of operation of the leased vehicle pursuant to paragraph fifteen of subdivision (b) of this section.
(5) Permit application.
(i) General.
(A) Except as otherwise provided in this section for daily permits, eligible vehicles or combinations of vehicles exceeding allowable weights pursuant to law are required to obtain an annual overweight load permit from the Commissioner pursuant to this subdivision in order to operate on those highways under the jurisdiction of the Commissioner. An annual overweight load permit is not valid unless the vehicle or combination of vehicles is operated and maintained in accordance with the provisions of these Rules and with any other special requirements indicated on the permit.
(B) All applications must be on the forms prescribed by and available from the Commissioner.
(C) The permit application and procedures for granting permits shall be made available to a registrant upon request at the Department of Transportation, Authorized Permits and Parking Division, by mail or in person, and must be completed in all respects by the registrant or his legal representative. The applicant must be the registrant of the vehicle, except where there is a leased vehicle as provided in this subdivision.
(ii) Proof of registration.
(A) All vehicles, including vehicles to be replaced, must have been registered in this State and operational on public highways in the State of New York immediately prior to January first, nineteen hundred eighty-six. To obtain a permit, the registrant must show proof of valid New York State registration for the vehicle or combination of vehicles and must maintain such New York State registration for the duration of the permit.
(B) The applicant must submit with his application a copy of the registration of each vehicle or replacement vehicle.
(C) The burden of proof in establishing the validity and existence of the New York State registration is upon the applicant.
(iii) Identification of vehicle and load.
(A) The power unit shall be identified by make, year of manufacture, model number, vehicle identification number (VIN), and license plate number.
(B) The manufacturer's recommended gross weight rating and the registered gross vehicle weight shall be indicated on an annual overweight load permit application for replacement vehicles.
(C) Manufacturer's maximum axle weight(s), axle spacing, number of tires, and maximum tire load spacing shall be indicated on an annual overweight load permit application for all vehicles.
(iv) Procedure. The applicant must complete the required application information and submit the required number of copies of such application, together with the required permit fee(s), as well as any required documentation, to the Commissioner by mail or in person. All applications must be signed by the registrant or his legal representative.
(v) Reapplication fee. When a reapplication is made for a permit for the same vehicle or combination of vehicles that have been denied a permit, the initial annual vehicle fee shall be increased by $25.00.
(vi) No refund after granting of permit. No refund shall be made once an application for a permit has been filed and a permit granted by the Commissioner.
(vii) False information voids permit. Permits which have been issued on the basis of falsely stated information shall be null and void.
(viii) New owners must obtain new permits. If the registrant of the vehicle has been changed after a permit has been issued, the new owner(s) must obtain a modified permit.
(ix) Permit application information.
(A) Registrants of vehicles eligible for permits pursuant to this section must furnish to the Commissioner a certified copy of the vehicle's current New York State registration or registration pursuant to the international registration plan with New York State designated as the base state. The registrant also must provide a certified copy of the vehicle's registration, or other verifiable proof acceptable to the Commissioner, demonstrating that the vehicle was registered in New York State immediately prior to January first, nineteen hundred eighty-six; once such fact has been established with the Commissioner, subsequent permit applications do not require such proof, provided the most recent permit number for the vehicle is provided in the new permit application.
(B) The registrant must furnish to the Commissioner, vehicle measurements consisting of:
(a) Trailer length; and
(b) Number of axles; and
(c) Axle spacing; and
(d) Manufacturer's recommended gross vehicle weight; and
(e) Total wheelbase measurement (including tractor/steering axle); and
(f) Tire size and number of tires of each axle; and
(g) Manufacturer's maximum axle weight rating.
(6) Fees.
(i) The following fees shall be charged and collected by the Commissioner for obtaining an annual overweight load permit. Fees shall be paid by money order, certified check, bank check, check drawn on a New York State bank, or a negotiable instrument acceptable to and made payable to the "New York City Department of Transportation." Fees must accompany each permit application. Improperly filed permit applications shall be subject to an administrative fee of $25.00.
(ii) The fee for an annual overweight load permit shall be $600 if for a period of six months or more. The fee for an annual overweight load permit shall be $300 if for a period of less than six months.
(iii) If a check delivered to the Commissioner or his agent as payment of any fee for the registration of any vehicle or combination of vehicles is dishonored for insufficient funds, all permits issued in the name of that registrant shall be suspended and no other permit shall be issued to such person until full satisfaction of the fee is made and an additional fee of $25.00 is paid to the Commissioner. No such suspension shall be issued until thirty days after notification is mailed to the registrant at the address given on the application for the permit. If satisfaction is made within thirty days from the date of mailing of such notification, no suspension shall be issued and no additional fee shall be charged.
(g) Crane Permits.
(1) Upon application in writing, the Commissioner may issue a special hauling permit to move certain mobile hoisting machines, also known as self-propelled cranes, the weight and dimensions of which exceed the limitations provided herein, upon any highway under his/her jurisdiction. Such hoisting machines shall be considered to constitute a nondivisible load.
(2) The special hauling permit, which shall expire on the 31st day of December next succeeding the date of issuance, may designate the route to be traversed and contain any other restrictions deemed appropriate by the Commissioner.
(3) The permittee shall be required to secure and maintain owners' protective liability and property damage insurance coverage in such amounts and upon such terms as deemed appropriate by the Commissioner.
(4) The fee for the issuance of such annual special hauling permit or renewal thereof shall be $100.00.
(h) Vehicular weights on F.D.R. Drive. No person shall operate or cause to be operated any vehicle in excess of 8,000 lbs. (4 tons), including the weight of passengers and cargo, on the F.D.R. Drive northbound from 23rd Street to 63rd Street and the F.D.R. Drive southbound from 63rd Street to 23rd Street. These vehicles include, but shall not be limited to trucks, vans, government-owned vehicles, stretch limousines and buses. For the purposes of enforcement, signs need not be posted for this rule to be in effect.
(i) Overdimensional and/or Overweight Vehicle Bulk Milk Permit.
(1) Permits Generally.
(i) Except where inconsistent with any federal or state law, rule or regulation, the Commissioner may issue a permit, as provided for in paragraph (c) of subdivision fifteen of section three hundred eighty-five of the Vehicle and Traffic Law, to operate or move a combination of vehicles, which for the purpose of this rule shall be limited to one power unit and one trailer except as provided in subparagraph (viii) of paragraph (3) of this subdivision, designed and constructed to carry milk in bulk, the lengths and/or weights of which exceed the limitations provided in subdivision b of this section.
(ii) The permit shall authorize only the transportation of bulk milk within the City of New York to a milk processing facility located within the City of New York or the transportation by such a combination of vehicles out of the City of New York empty or carrying bulk cream, at weights not to exceed the limitations provided in subdivision b of this section, from the milk processing facility.
(iii) A permit issued pursuant to this subdivision shall designate a route approved by the Commissioner. A combination of vehicles operating under a permit issued pursuant to this subdivision may only travel along the route designated on the permit. There shall be one permit per combination of vehicles allowing the combination of vehicles to enter the City of New York and a separate permit allowing the combination of vehicles to leave the City of New York.
(iv) Combinations of vehicles designed and constructed to carry milk in bulk that exceed allowable lengths and/or weights pursuant to law are required to obtain a permit from the Commissioner pursuant to this subdivision in order to operate on those highways under the jurisdiction of the Commissioner.
(v) No permit shall be issued for a combination of vehicles that exceeds 99,000 pounds.
(vi) Permits shall be issued on a quarterly basis.
(2) Permit Application.
(i) Generally.
(A) A permit issued pursuant to this subdivision is not valid unless the combination of vehicles is operated and maintained in accordance with the provisions of this subdivision and with any other special requirements indicated on the permit.
(B) The applicant shall be the registrant of the combination of vehicles except, in the case of a combination of vehicles leased pursuant to an exclusive leasing arrangement that exceeds thirty days, the applicant shall be the lessee. The applicant shall supply his/her Federal Tax ID number.
(C) The permit application and the procedures for granting permits shall be made available to an applicant upon request at the Department of Transportation, Division of Bridges, Truck Permit Unit, by mail, email or in person, and shall be completed in all respects by the applicant or his/her legal representative.
(D) All applications shall be on the forms prescribed by and available from the Commissioner.
(ii) Identification of vehicle and load. The power unit and trailer(s) shall be identified on the application by make, year of manufacture and license plate numbers and State.
(iii) Vehicle Measurements. Applicants shall furnish to the Commissioner all of the following vehicle measurements:
(A) Trailer length;
(B) Number of axles, including axle spacing and axle weights;
(C) Total wheelbase measurement (including tractor/steering axle);
(D) Overall width;
(E) Overall length;
(F) Overall height; and
(G) Total gross vehicle weight including load (tractor, trailer and load).
(iv) Attestation. Applicants shall furnish to the Commissioner a sworn and notarized statement attesting that the vehicles for which a permit application has been submitted will be used solely for the transport of bulk milk or cream.
(v) Procedure. The applicant shall complete the required application information and submit the required number of copies of such application, together with the required permit fee(s), as well as any required documentation, to the Commissioner by mail or in person. All applications shall be signed by the applicant or his/her legal representative.
(vi) Reapplication Fee. When a reapplication is made for a permit under this subdivision for the same combination of vehicles that has been denied a permit, the initial permit fee shall be increased by an administrative fee of $25 in accordance with subparagraph (vii) of paragraph (3) of this subdivision.
(vii) No refund after granting of permit. No refund shall be made once an application for a permit under this subdivision has been filed and a permit granted by the Commissioner.
(viii) False information voids permit. Permits that have been issued on the basis of falsely-stated information shall be null and void.
(ix) New owners shall obtain new permits. If the ownership of a combination of vehicles, or the identity of the lessee in the case of a combination of vehicles leased pursuant to an exclusive leasing arrangement that exceeds thirty days, changes after a permit under this subdivision has been issued, the new owner(s) or lessee(s) shall obtain a modified permit and shall pay the applicable quarterly fee specified in paragraph (3) of this subdivision.
(3) Permit Fees.
(i) The following fees shall be charged and collected by the Commissioner for obtaining a permit or modified permit, issued on a quarterly basis, pursuant to this subdivision. Fees shall be paid by money order, certified check, bank check, check drawn on a New York State bank, or a negotiable instrument acceptable to and made payable to the "New York City Department of Transportation." Fees shall accompany each permit application. The fee for a permit issued pursuant to this subdivision shall be $650 per combination of vehicles, except as otherwise provided in this subparagraph (3).
(ii) For all permits issued from July 18, 2015 through July 17, 2016:
(a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2014 through July 17, 2015 was at least 25 percent less than the total number of permits issued to the applicant from July 17, 2009 through July 16, 2010 (the "baseline year amount"), the fee for a permit shall be $650 per combination of vehicles.
(b) Otherwise, the fee for a permit shall be $877.50 per combination of vehicles.
(iii) For all permits issued from July 18, 2016 through July 17, 2017:
(a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2015 through July 17, 2016 was at least 50 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.
(b) Otherwise, the fee for a permit shall be $910 per combination of vehicles.
(iv) For all permits issued from July 18, 2017 through July 17, 2018
(a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2016 through July 17, 2017 was at least 50 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.
(b) Otherwise, the fee for a permit shall be $942.50 per combination of vehicles.
(v) For all permits issued from July 18, 2018 through July 17, 2019:
(a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2017 through July 17, 2018 was at least 75 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.
(b) Otherwise, the fee for a permit shall be $975 per combination of vehicles.
(vi) For all permits issued from July 18, 2019 through July 17, 2020:
(a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2018 through July 17, 2019 was 100 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.
(b) Otherwise, the fee for a permit shall be $975 per combination of vehicles.
(vii) For all permits issued from July 18, 2020 through July 17, 2021:
(a) If the total number of permits pursuant to this subdivision issued to the applicant from July 18, 2019 through July 17, 2020 was 100 percent less than the baseline year amount, the fee for a permit shall be $650 per combination of vehicles.
(b) Otherwise, the fee for a permit shall be $1,007.50 per combination of vehicles.
(viii) Permit fees specified in this paragraph shall apply separately to permits to enter the City of New York and permits to leave the City of New York.
(ix) Reapplication for a permit that has been denied shall be subject to an administrative fee of $25.
(x) The permit fees provided in subparagraphs (i) through (v) of this paragraph shall apply to permits for one specific power unit and one specific trailer. Applicants may apply for a quarterly permit under this subdivision to attach up to four additional specific trailers to one specific power unit, provided that only one trailer may be used with such power unit at any given time. The fee for a multiple trailer-single power unit combination permit shall be $100 per quarter more than the permits fees provided in subparagraphs (i) through (v) of this paragraph.
(xi) If a check delivered to the Commissioner or his/her agent as payment of any fee for the permitting of any combination of vehicles is dishonored for insufficient funds, all permits issued in the name of that applicant shall be suspended and no other permit shall be issued to such person until full satisfaction of the fee is made and an additional fee of $25 is paid to the Commissioner. No such suspension shall be issued until thirty days after notification is mailed to the applicant at the address given on the application for the permit. If satisfaction is made within thirty days of mailing such notification, no suspension shall be issued and no additional fee shall be charged.
(4) Expiration of Permit Program. No permit shall be issued on or after July 18, 2021.
(j) Routes for Trailers in Excess of Forty-eight Feet.
(1) Any semitrailer with a length in excess of forty-eight feet, but not exceeding fifty-three feet, if the distance between the kingpin of the semitrailer and the centerline of the rear axle does not exceed forty-three feet and if the semitrailer is equipped with a rear-end protective device of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than twenty-two inches from the surface as measured with the vehicle empty and on a level surface, may be operated on:
i. that portion of interstate 95 between the Bronx-Westchester county line and interstate 295;
ii. that portion of interstate 295 which connects interstate 95 with interstate 495;
iii. that portion of interstate 495 between interstate 295 and the Nassau-Queens county line;
iv. that portion of interstate 678 between interstate 95 and John F. Kennedy International Airport;
v. that portion of interstate 95 between interstate 695 and the New Jersey State Line on the upper level of the George Washington Bridge;
vi. that portion of interstate 695 between interstate 95 and interstate 295;
vii. that portion of Interstate 278 between the Goethals Bridge and Gulf Avenue;
viii. that portion of Interstate 278 between Goethals Road North and Goethals Bridge;
ix. that portion of Gulf Avenue between Western Avenue and Edward Curry Avenue;
x. that portion of Edward Curry Avenue between Gulf Avenue and South Avenue;
xi. that portion of South Avenue between Edward Curry Avenue and Goethals Road North;
xii. that portion of Forest Avenue between Gulf Avenue and Goethals Road North;
xiii. that portion of Goethals Road North between South Avenue and Forest Avenue;
xiv. that portion of Goethals Road North between Forest Avenue and Western Avenue; and
xv. that portion of Western Avenue between Gulf Avenue and Richmond Terrace.
(2) The total length of a combination of vehicles operating pursuant to this subdivision, inclusive of load and bumpers, shall not be more than seventy three and one half feet.
(3) A combination of vehicles operating, pursuant to Subparagraphs (vii) through (xv) of Paragraph 1 of this subdivision must not exceed a total weight of 90,000 pounds, over or on any bridge or other structure when the total weight is over 80,000 pounds, and must be on a trip that involves only the pickup or drop off of sealed shipping containers used for the transfer of freight transported in ocean-going commerce, bearing the seal of the United States Customs and Border Protection, the seal of another governmental agency, or seal of the shipper.
(Amended City Record 7/17/2015, eff. 7/17/2015; amended City Record 1/8/2016, eff. 2/7/2016; amended City Record 12/21/2017, eff. 1/20/2018)