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(a) Parkways. The following provisions shall govern the use of all parkways:
(1) Peddlers, vendors, hawkers and hucksters. No peddler, vendor, hawker or huckster shall stop or remain on any part of the right-of-way or service roads or entrances.
(2) Use of parkways restricted. Commercial vehicles, pedestrians, horses, limited use vehicles and bicycles are prohibited on parkways.
(3) Flat tires. No operator shall stop his/her vehicle on the improved or paved roadway of a park or parkway for the purpose of removing or replacing a flat tire. No person shall remove or replace a flat tire unless the vehicle is completely off the improved or paved roadway so that no portion of the vehicle or the person is exposed to passing vehicles.
(b) Restrictions on vehicles.
(1) Commercial vehicles. Commercial vehicles are prohibited from using any park, except under permit where necessary to make deliveries in such park. Wherever service roads adjoin the main roadway to a park such vehicles are required to use the service roads set apart for such use. In all cases such vehicles must enter the park from the nearest street intersection or entrance, in the direction of traffic, and leave by the nearest intersecting street or exit in the direction of traffic.
(2) Business or advertising purposes. Vehicles having any name, insignia, or sign painted or displayed thereon for business or advertising purposes are prohibited in parks or parkways except as provided in paragraph (b)(1), above.
(3) Carriers of offensive refuse or heavy materials. No garbage, ashes, manure, or other offensive material shall be carried through any park. When such refuse is to be removed from premises fronting on any park or improved or paved roadway in a park, the vehicle collecting it must leave the park or improved or paved roadway as soon as the collection has been accomplished, and within the time prescribed by the Commissioner of Parks.
(4) Buses. No persons shall, except under a permit, drive or operate a bus within any park or on a parkway. Charter buses will be permitted to operate between the shortest possible routes from outside a park to deliver or to pick up their passengers from a picnic, bathing or other recreation area only if a permit to enter the park has been issued to the person sponsoring the outing, picnic, etc. Buses must proceed over the route and to the parking space designated in the permit. Parking in the designated parking space will be limited to the time prescribed in the permit.
(5) Hearses. No hearse or other vehicles carrying or used for carrying the body of a dead person shall enter or be allowed in any park except by permit.
(c) Restricted areas of parks. No person shall, in any park, drive or operate a vehicle within or upon a safety zone, walk, bridle path or any part of any park designated or customarily used for such purposes. No person shall ride a bicycle, limited use vehicle, or scooter in any park, except in places designated for such riding; but persons may push such machines in single file to and from such places, except on beaches and boardwalks. No person shall ride a limited use vehicle upon any bicycle, pedestrian or bridle path or upon any street or walkway that has been set aside for bicycling while such designation is in effect. No wheelchairs shall be operated in any part of any park unless licensed by the Commissioner of Parks, except that invalids' wheelchairs may be pushed along the boardwalk and pedestrian walks. No person shall ride or lead a horse or other beast of burden in a park, except on a bridle path or along routes customarily used for access to and from bridle paths.
(d) Projecting articles. No person shall operate or drive in any park or parkway a vehicle containing any person or object projecting or hanging outside or on the top thereof; except that outdoor sports and recreation equipment such as skis, ski poles, fishing rods, beach chairs, beach umbrellas, tent poles, toboggans, and sleds may be carried on the rear of such vehicles or on a rack designed for the purpose and attached to the top thereof, provided that in all cases fastenings shall be secure and substantial, and provided that such equipment so carried shall in no case project more than 12 inches above the top or to the rear of such vehicle.
(e) Driving off pavement.
(1) No vehicle shall be operated or driven off the improved or paved roadways of any park or parkway unless it is disabled.
(2) All stalled or disabled vehicles must be removed from paved roadways in parks and parkways so as to prevent obstruction of traffic. If not so removed by the owners then they may be removed by Department of Transportation forces or licensed tow operators at the expense of the owners and in such event neither the City nor such licensed tow operators shall be liable for damages caused to such vehicles during removal.
(3) No disabled vehicle shall be permitted to remain in a park for a longer period than two hours.
(f) Parking. No person shall, in any park area designated as a parking space,
(1) fail to comply with an order of a law enforcement officer or any park employee or disobey or disregard the notices, prohibitions, instructions or directions on any park sign or parking meter including the Rules of Museums or Zoological or Botanical Gardens, posted on the grounds or buildings of said institutions.
(2) between one-half hour after sunset and one-half hour before sunrise, stop or park in a vehicle, except at places designated or maintained therefor.
(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)
(a) Proposals and Applications to Designate Pedestrian Plazas. In addition to areas selected by the Department to be designated as pedestrian plazas pursuant to § 19-157(b)(1) of the Administrative Code, the Department shall accept proposals and applications for areas under its jurisdiction to be designated as pedestrian plazas.
(1) Proposals. A proposal for the designation of an area as a pedestrian plaza may be submitted by mail or electronic mail to the Department by a community board, council member, borough president, or not-for-profit organization. Electronic mail submissions are preferred and may be sent to plazas@dot.nyc.gov. Post submissions may be mailed to: Pedestrian Plaza Proposal, New York City Department of Transportation, 55 Water Street, New York, NY 10041.
(i) All proposals must include:
(A) A map or description of the area requested for designation;
(B) A suggested pedestrian plaza partner;
(C) A statement explaining the need for such plaza, including how it would promote safety and contribute to the community; and
(D) The proposer's contact information.
(E) At least five (5) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents.
(ii) Within 90 days of receipt of such proposal, the Department shall issue a response as to whether or not the proposal as described is viable. A proposal is viable if it does not adversely impact the transportation network to a significant degree, if the surrounding land uses are appropriate to support a pedestrian plaza, and if the size and shape of the proposal will support the full range of activities that take place in pedestrian plazas. If the Department determines that the proposal is viable, the Department will recommend that the proposer submit an application with a pedestrian plaza partner during the next period during which applications are accepted.
(iii) The submission of a proposal shall not be deemed an application for purposes of this section.
(2) Applications.
(i) Applicant. Only an organization operating within the City that wants to become a pedestrian plaza partner may submit an application. An applicant must be incorporated in New York State and must have a mission that serves or relates to the geographical area of the proposed pedestrian plaza. The submission of a proposal is not required prior to the submission of an application.
(ii) Submission. For the year 2016, pedestrian plaza applications may be submitted by mail or electronically from June 20th through August 31st. For the year 2017 and annually thereafter, pedestrian plaza applications may be submitted by mail or electronically from the first business day in April through the last business day in June. The application form prescribed by the Department shall provide specified dates and addresses each year. Electronic submissions are preferred.
(iii) Required Documentation. Applicants must submit the following documents in accordance with subparagraph (ii) of this paragraph:
(A) A completed application in a form prescribed by the Department, which will be posted each year on the Department's website, and which may require applicants to submit information including, but not limited to, the mission of the pedestrian plaza partner, the context surrounding the site of the proposed pedestrian plaza, potential uses and programming for the proposed pedestrian plaza, and a projected operating budget for the proposed pedestrian plaza;
(B) A list of names and titles of the applicant's employees who work in community development, including the duration that each has been employed with the applicant;
(C) A list of names and titles of the members of the applicant's Board of Directors, or similar governing members, including the date each member began serving with the applicant;
(D) Financial information based on the applicant's operating budget;
(a) If the applicant's operating budget is less than $25,000, its most current financial statement signed by its treasurer must be submitted.
(b) If the applicant's operating budget is $25,000 or more, its most current IRS 990 Form must be submitted.
(c) If the applicant's operating budget is $100,000 or more but less than $250,000, its most current IRS 990 Form and an independent accountant's review report must be submitted.
(d) If the applicant's operating budget is $250,000 or more, its most current IRS 990 Form and audited financial statements must be submitted,
(E) At least eight (8) letters of support from community stakeholders including, but not limited to, adjacent property owners and businesses, nearby institutions, such as churches and schools, elected officials, other not-for-profit groups, neighborhood and block associations, and neighborhood residents;
(F) Three (3) photographs of the site of the proposed pedestrian plaza.
(iv) Review. Applications will be reviewed and evaluated according to the following criteria:
(A) Open Space: The Department will prioritize proposed pedestrian plazas that are in neighborhoods with an insufficient amount of open space;
(B) Community Initiative: Applicants must demonstrate the ability to develop and execute a community outreach plan, build consensus around the proposal, and solidify local stakeholder support;
(C) Site Context: The Department will evaluate the appropriateness of the adjacent land uses, population density, proximity to transit, safety, and other nearby open space;
(D) Organizational and Maintenance Capacity: Applicants must demonstrate that they are willing and able to manage, operate, maintain, and program the proposed pedestrian plaza, including having an active Board of Directors or similar governing members and established staff; and
(E) Income Eligibility: The Department will prioritize proposed pedestrian plazas that are located in low- or moderate-income neighborhoods as designated by the United States Department of Housing and Urban Development as eligible for Community Development Block Grants.
(v) The application and guidelines regarding the management of pedestrian plazas can be found on the Department's website.
(vi) Selection.
(A) Within 120 days of the deadline to submit an application, the Department shall issue a response as to whether the proposed pedestrian plaza has been accepted or rejected. Such responses shall be sent to applicants by electronic mail or mail, as applicable.
(B) If the Department accepts an application, it shall notify any affected council members, community boards, and borough presidents no less than 60 days before designating the proposed pedestrian plaza. Within 45 days of receipt of such notice, such council members, community boards, and borough presidents may submit comments regarding such proposed pedestrian plaza, which shall be considered by the Department.
(3) List of Designated Plazas. A list of all pedestrian plazas shall be posted on the Department's website.
(4) Rescinding Pedestrian Plaza Designations. The Department may, at its own discretion, rescind the designation of any pedestrian plaza.
(i) At least 90 days before the Department's proposed date of rescission of the designation of a pedestrian plaza, the Department shall notify the affected council members, community boards, borough presidents, and any pedestrian plaza partners who may request a public hearing within ten (10) days of such notification.
(ii) If such public hearing is so requested, the Department shall hold a public hearing no more than 45 days after sending such notice of proposed designation rescission.
(iii) he Department shall consider any comments from such public hearing or any comments submitted to the Department before rescinding such designation.
(b) General Uses.
(1) Pedestrian plazas are closed to vehicular traffic, unless authorized by a police officer or designated Department employee.
(2) Any person may enter and use a pedestrian plaza at any time, unless other open hours are posted for maintenance, events, or construction, or exigent circumstances exist.
(3) Any person in or on a pedestrian plaza must comply with the lawful direction or command of any police officer or designated Department employee, regardless of whether such direction or command is indicated verbally, by gesture, or otherwise. Any person in or on a pedestrian plaza must comply with or obey any instruction, direction, regulation, warning or prohibition, written or printed, displayed or appearing on any Department sign, except such sign may be disregarded upon order by a police officer or designated Department employee.
(4) Any person holding an event, where such activity is subject to the permit requirements of the Mayor's Office of Citywide Event Coordination and Management, may engage in such activity only upon obtaining such permit from that office.
(5) Any person engaged in filming or photography, where such activity is subject to the permit requirements of the Mayor's Office of Film Theatre & Broadcasting, may engage in such activity only upon obtaining such permit from that office.
(6) Any person using or operating any sound device or apparatus, where such use or operation is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.
(7) Any person holding a parade, procession, or demonstration, where such activity is subject to the permit requirements of the New York City Police Department, may engage in such activity only upon obtaining such permit from that department.
(8) Where exigent circumstances exist and a police officer or a designated Department employee gives notice to a person to move temporarily from any location in or on a pedestrian plaza, such person shall immediately move from such location until further notice. For the purposes of this section, exigent circumstances shall include, but not be limited to, unusually heavy pedestrian traffic, the existence of any obstruction in or on the pedestrian plaza, an accident, fire, or other emergency situation.
(9) Subject to the Department's prior written approval, the Pedestrian Plaza Partner at Fordham Pedestrian Plaza, Myrtle-Cooper Pedestrian Plaza, Myrtle-Wyckoff Pedestrian Plaza, Diversity Pedestrian Plaza, and Corona Pedestrian Plaza may permit its subconcessionaire(s) to designate a portion of the available seating within such Pedestrian Plaza for exclusive use by the subconcessionaire(s)' customers or patrons, provided that the total sum of such exclusive seating does not exceed 20% of the total available seating within such Pedestrian Plaza. In the absence of a Pedestrian Plaza Partner, this paragraph does not preclude the Department from designating such exclusive seating at any of these five Pedestrian Plazas. Such exclusive seating does not require a sidewalk cafe license and revocable consent pursuant to Subchapter 6 of Title 20 of the New York City Administrative Code nor is it considered a "sidewalk cafe" as defined in Subchapter 6 of Title 20 of the New York City Administrative Code.
(i) For purposes of this paragraph, the term "Fordham Pedestrian Plaza", means the area located at Fordham Road, Third Avenue and East 189th Street in the Bronx that is designated by the Department for pedestrian circulation, use and enjoyment.
(ii) For purposes of this paragraph, the term "Myrtle-Cooper Pedestrian Plaza" means the area located at 70th Street between Myrtle and Cooper Avenues in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.
(iii) For purposes of this paragraph, the term "Myrtle-Wyckoff Pedestrian Plaza" means the area located at Wyckoff Ave between Myrtle and Gates Avenues in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.
(iv) For purposes of this paragraph, the term "Diversity Pedestrian Plaza" means the area located at 37th Road and 73rd Street between 74th Street and Roosevelt Avenue in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.
(v) For purposes of this paragraph, the term "Corona Pedestrian Plaza" means the area located at Roosevelt Ave between National and 104th Streets in Queens that is designated by the Department for pedestrian circulation, use and enjoyment.
(vi) For purposes of this paragraph, the term "subconcessionaire(s)" means an entity who has entered into an agreement with a Pedestrian Plaza Partner that is authorized by the Department and subject to Title 12 of the Rules of the City of New York.
(c) Prohibited Uses.
(1) No person shall engage in disorderly behavior in or on any pedestrian plaza, such as the following:
(i) Endangering the safety of oneself and/or others;
(ii) Obstructing pedestrian traffic;
(iii) Engaging in conduct or committing acts that disturb the peace, comfort or repose of a reasonable person of normal sensitivities; or
(iv) Climbing upon any wall, artwork, fence, shelter or any structure not specifically intended for climbing purposes.
(2) No person shall use a Pedestrian Flow Zone for any purpose other than the safe and continuous movement of pedestrian traffic.
(3) No person shall litter in or on any pedestrian plaza. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse in any receptacle in a pedestrian plaza.
(4) No person shall spit, urinate, or defecate in or on any pedestrian plaza, except in a facility which is specifically designed for such purpose.
(5) No person shall bathe, shower or shave.
(6) No person shall occupy more than one seat with oneself or one's belongings when to do so would interfere or tend to interfere with the use of such seats by others.
(7) Smoking and using electronic cigarettes are prohibited.
(8) No person shall leave any property unattended or place property in or on any pedestrian plaza in a manner that interferes with pedestrian traffic.
(9) No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment owned by or under the jurisdiction or control of the Department or a pedestrian plaza partner.
(10) No person shall gamble or conduct or engage in any game of chance, unless such game of chance is permitted by law.
(11) No person shall appear in such a manner that the person's genitalia are unclothed or exposed, except as otherwise permitted by law.
(12) No person shall engage in camping, or erect or maintain a tent, structure, shelter or camp.
(13) No person shall allow any dog in the person's custody or control to be unrestrained or to discharge any fecal matter in or on any pedestrian plaza, unless such person promptly removes or disposes of same. This provision shall not apply to a guide or service animal accompanying a person with a disability.
(14) No person shall operate an aircraft, kite or other aerial device in, on, or above the surface of any pedestrian plaza for any purpose whatsoever.
(15) No person shall feed any undomesticated animal, including unconfined squirrels and birds, in or on any pedestrian plaza.
(d) Regulated Uses.
(1) Posting of notices and signs.
(i) No person shall post, display, affix, construct or carry any placard, flag, banner, sign or model in or on any pedestrian plaza or display any such item by means of aircraft, kite, or other aerial device in, on, or above the surface of any pedestrian plaza for any purpose whatsoever, without permission from the Department. Each separate item placed in violation of this paragraph shall constitute a separate violation.
(ii) Notwithstanding subparagraph (i) above, any person may carry any item described in subparagraph (i) above, without the aid of any aircraft, kite, or other aerial device, where the space on which the message of such item is contained has a height no greater than two feet and a length no longer than three feet, and that such item takes up a total area of no more than six square feet.
(iii) Any person who posts or displays a sign in, on, or above the surface of any pedestrian plaza, shall be responsible for removal of such sign. Failure to remove any sign that is posted or displayed in, on, or above the surface of any pedestrian plaza or that remains on such property shall constitute a violation of these rules.
(iv) In the event that a notice or sign, in violation of paragraph (i) above, is posted or displayed in, on, or above the surface of any pedestrian plaza, there shall be a rebuttable presumption that any person whose name, telephone number, or other identifying information appears on such notice or sign has violated paragraph (i) by either:
(A) Pasting, posting, painting, printing or nailing such notice or sign, or
(B) Directing or permitting a servant, agent, employee or other individual under such person's control to engage in such activity; provided, however, that such rebuttable presumption shall not apply with respect to criminal prosecutions brought pursuant to this subparagraph (iv).
(2) Except as otherwise permitted, no person shall skateboard, inline skate, roller skate, or ride a bicycle, scooter, or any other vehicle or device on or through any part of a pedestrian plaza, except a wheelchair or scooter used for transit by disabled persons.
(3) Except as otherwise permitted, no person shall make, continue, cause, or permit to be made or continued unreasonable noise in violation of the Noise Code pursuant to Subchapter 2 of Title 24 of the Administrative Code.
(4) Except as otherwise permitted, no person shall consume alcoholic beverages.
(5) Except as otherwise permitted, no person shall kindle, build, maintain, or use a fire.
(6) Except as otherwise permitted, no person shall bring or place tables, carts, chairs or furniture in or on any pedestrian plaza.
(7) Except as otherwise permitted, no person shall use or interfere with any authorized use of utilities, including, but not limited to, electricity and water, that supply pedestrian plazas.
(8) Except as otherwise permitted, no person shall interfere with the use of a plaza by a person or group using the plaza pursuant to the terms of a permit issued by any City agency.
(9) Except as otherwise permitted, no person shall use or block any person from using any amenity while selling or offering to sell any goods, services, tickets, or entertainment or while providing any goods, services, tickets, or entertainment in exchange for a donation. For purposes of this paragraph, the term "amenity" shall include, but not be limited to, chairs, tables, planters, benches, kiosks, utilities or canopies, installed in or on any pedestrian plaza.
(e) Times Square Pedestrian Plaza.
(1) For purposes of this subdivision, the term "Times Square Pedestrian Plaza" shall mean the areas along Broadway from 41st Street to 53rd Street in Manhattan that are designated by the Department for pedestrian circulation, use and enjoyment.
(2) For purposes of this subdivision, the sidewalks directly adjacent to the Times Square Pedestrian Plaza are along:
(i) 7th Avenue between 42nd Street and 47th Street;
(ii) Broadway between 41st Street and 42nd Street;
(iii) Broadway between 47th Street and 53rd Street; and
(iv) 42nd, 43rd, 44th, 45th, 46th, and 47th Streets between 7th Avenue and Broadway.
(3) Pedestrian Flow Zones. Where the Department has designated by markings and/or signage Pedestrian Flow Zones in or on the Times Square Pedestrian Plaza or the sidewalks directly adjacent to such plaza, no person shall use such zones for any purpose other than the safe and continuous movement of pedestrian traffic.
(4) Designated Activity Zones.
(i) Where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person on such block shall engage in Designated Activities outside such zone(s), except where otherwise authorized by a concession agreement entered into by the Department or an event permit issued by the Mayor's Office of Citywide Event Coordination and Management.
(ii) Where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person on the sidewalks directly adjacent to such block within the Times Square Pedestrian Plaza shall engage in Designated Activities, except at days and times when vendors licensed pursuant to §§ 17-307 and 20-453 of the Administrative Code may vend on such sidewalks. This subparagraph shall not apply to operators of newsstands authorized by § 20-241.1 of the Administrative Code.
(iii) Notwithstanding subparagraphs (i) and (ii) of this paragraph, where and when the Department has indicated by markings and/or signage Designated Activity Zone(s) on any block within the Times Square Pedestrian Plaza, no person shall engage in Designated Activities:
(A) on Broadway between 43rd and 44th Streets, except within a Designated Activity Zone if one has been indicated by markings and/or signage by the Department on such block or where otherwise authorized by a concession agreement entered into by the Department or an event permit issued by the Mayor's Office of Citywide Event Coordination and Management; or
(B) on the sidewalks along 7th Avenue and Broadway between 43rd and 44th Streets and along 43rd and 44th Streets between 7th Avenue and Broadway, except at days and times when vendors licensed pursuant to §§ 17-307 and 20-453 of the Administrative Code may vend on such sidewalks. This clause shall not apply to operators of newsstands authorized by § 20-241.1 of the Administrative Code.
(Added City Record 6/2/2016, eff. 6/2/2016; amended City Record 3/16/2020, eff. 4/15/2020)
(a) Definitions. For the purposes of this section, the following terms have the following meanings:
Autonomous vehicle technology. The term "autonomous vehicle technology" means the hardware and software that are collectively capable of performing part or all of the dynamic driving task on a sustained basis.
Dynamic driving task. The term "dynamic driving task" means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints.
(b) Permit required. Any entity who has already received approval by the New York State Department of Motor Vehicles to demonstrate or test a motor vehicle with autonomous vehicle technology and wants to demonstrate or test such motor vehicle on any public highway (as defined in 34 RCNY § 4-01) in the city of New York must obtain a permit from the Department, prior to such demonstration or testing.
(c) Permit fees. In order to demonstrate or test a motor vehicle with autonomous vehicle technology on a public highway in the city of New York, the applicant must pay to the Department an autonomous vehicle technology permit fee of $5,000 annually.
(d) Applications. A permit application to demonstrate or test a motor vehicle with autonomous vehicle technology must be submitted on forms prescribed by the Department which will consist of the following information:
(1) Legal name of the entity which has already received approval by the New York State Department of Motor Vehicles to demonstrate or test a motor vehicle with autonomous vehicle technology; address; contact name; contact telephone number; contact e-mail address;
(2) Proof of New York State Department of Motor Vehicles approval for each motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York, including a copy of the law enforcement interaction plan and any other information or documentation submitted to the New York State Department of Motor Vehicles as part of its application for approval;
(3) Certification by the developer of the autonomous vehicle technology that, based on previous evaluations of the autonomous vehicle technology, the test vehicle(s) will operate in New York City more safely than a human driver, including documentation of previous demonstration or testing experience on public roadways; information on any crash involving the autonomous vehicle(s) that resulted in death, injury, or property damage; and documentation of performance in environments similar to the New York City geographic zones approved for testing;
(4) Certification by the applicant that a test vehicle operator with a valid driver license, recruited and trained in accordance with most recent version of the Society of Automotive Engineers (SAE) AVSC 00001201911: "Best Practice for In-Vehicle Fallback Test Driver Selection, Training, and Oversight Procedures for Automated Vehicles Under Test," and J3018: "Safety-Relevant Guidance for On-Road Testing of Prototype Automated Driving Systems (ADS)-Operated Vehicles," will be in the driver's seat of each autonomous vehicle while it is in operation on any public highway in the city of New York and that the test vehicle operator will be able to safely assume control of the vehicle in the event of a failure of the autonomous vehicle technology or other incident during which the autonomous vehicle technology cannot function;
(5) Safety plan for demonstration or testing in New York City, including documentation of the test vehicle operator training to ensure both legal and safe operation, documentation of the ability of test vehicle operators to assume control of the vehicle(s) in the event of a failure of the autonomous vehicle technology, and proof of completion of the training by all test vehicle operators;
(6) Operating plan for demonstration or testing in New York City, including the purpose and parameters of the demonstration or test; proposed date(s), hour(s), and location(s) within geographic areas of New York City approved by the Department for demonstration or testing of motor vehicles with autonomous vehicle technology;
(7) Certification that vehicle meets appropriate and applicable industry standards to help defend against, detect, and respond to cyber attacks, unauthorized intrusions, or false vehicle control commands;
(8) Certification of compliance with or exemption from all federal standards and applicable New York State inspection standards for any motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York;
(9) Make and model of each motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York; and
(10) Proof of at least $5 million automobile insurance for any motor vehicle with autonomous vehicle technology intended for demonstration or testing on any public highway in the city of New York, a minimum of $3 million in personal liability insurance, and a minimum of $2 million in property damage insurance.
(e) Review of applications for and issuance of permits.
(1) The Department may decline to issue a permit to an applicant that:
(i) Has a demonstrated unsafe record in the city of New York or any other city where it has demonstrated or tested;
(ii) Does not submit the certifications required under subdivision (d);
(iii) Does not provide adequate proof of insurance;
(iv) Does not adhere to the conditions of any previously issued permit; or
(v) Does not adhere to the submitted safety plan or law enforcement interaction plan.
(2) If the Department declines to issue such a permit because of any of the conditions described in paragraph (1) of this section or if the application is incomplete, the applicant will have fifteen days from receipt of the denial to appeal the determination to the Commissioner. The Department will make a final determination on the appeal within thirty days.
(f) Conditions of permit. The permit holder must:
(1) Indemnify the city of New York against legal liabilities associated with the demonstration or testing of motor vehicles with autonomous vehicle technology on any public highway in the city of New York;
(2) Adhere to the permit holder's safety and operating plans;
(3) Operate only during the date(s) and hour(s) of operation approved by the Department;
(4) Operate only within the geographic area(s) of New York City approved by the Department on the basis of traffic safety;
(5) Safely complete a demonstration of the autonomous vehicle technology under the supervision of the Department within each geographic area in which the proposed demonstration or testing will occur prior to the commencement of the proposed demonstration or testing in such area;
(6) Submit for approval by the Department any proposed changes to the number of vehicles, geographic zones approved for testing, testing date(s), or time of day of operation specified in the application;
(7) Comply with all applicable traffic laws;
(8) Provide the Department with written notice if the permit holder decides to discontinue the demonstration or testing of motor vehicles with autonomous vehicle technology;
(9) Report to the Department the data specified in subdivision (h) of this section at the frequency specified in the permit;
(10) Notify the Department of any crashes involving fatalities, injuries and/or property damage within four hours of such occurrence; and
(11) Promptly notify the Department of any changes to the information provided in its application.
(g) Suspension and revocation of permits.
(1) The Department may suspend or revoke a permit for failure to comply with any of the terms and conditions of the permit, these rules, or other applicable laws or rules.
(2) Prior to suspending or revoking a permit, the permit holder will be provided with an opportunity to be heard within five business days. However, if the suspension or revocation of a permit is based on the permit holder's failure to comply with any law, rule, or permit condition related to safety, the Department may suspend or revoke the permit immediately, and the permit holder will be provided with an opportunity to be heard within two business days.
(3) If the Department suspends or revokes a permit, the permit holder must cease any demonstration or test of motor vehicles with autonomous vehicle technology on any public highway in the city of New York within 24 hours of suspension or revocation.
(h) Data reporting requirements.
(1) Each permit holder must provide to the Department, at the frequency and in the format specified by the Department, the following datasets:
(i) make, model, and license plate number of each vehicle engaged in demonstration or testing;
(ii) miles driven in total and with autonomous vehicle technology engaged;
(iii) location(s), date(s), and hour(s) of operation and number of test vehicle operators or other staff in each vehicle;
(iv) median and maximum test vehicle operator driving shift length;
(v) information on crashes involving the autonomous vehicle;
(vi) information on safety-related traffic violations;
(vii) information on instances in which the test vehicle operator assumed control of the vehicle while the autonomous vehicle technology was engaged;
(viii) the permit holder's most recent Voluntary Safety Self-Assessment transmitted to the National Highway Traffic Safety Administration; and
(ix) any information transmitted to the National Highway Traffic Safety Administration under its General Order 2021-01, "Incident Reporting for Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance Systems (ADAS)" regarding incidents that occurred within the city of New York.
(i) Term and renewal of permits. Each permit will be issued for a term of one year and may be renewed. The permit renewal process will include a review of safety performance, compliance with permit provisions over the previous permit period, and any changes to the application materials.
(Added City Record 9/7/2021, eff. 9/7/2021)
(a) Definitions. For purposes of this section, the following terms have the following meanings:
Covered vehicle. The term "covered vehicle" means any motor vehicle that, in accordance with the records of the department of finance, has accumulated five or more finally adjudicated red light camera violations as determined by the department, or 15 or more finally adjudicated school speed camera violations as determined by the department, within any 12-month period. Such term shall not include any vehicle owned or leased by the United States government or any state or local government.
Person. The term "person" means a natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
Predicate violation. The term "predicate violation" means a red light camera violation or school speed camera violation.
Red light camera violation. The term "red light camera violation" means the notice of liability issued for failure of a vehicle operator to comply with section 1111-a of the Vehicle and Traffic Law or § 19-210 of the Administrative Code of the City of New York.
School speed camera violation. The term "school speed camera violation" means the notice of liability issued for failure of a vehicle operator to comply with section 1180-b of the vehicle and traffic law.
Safe vehicle operation course. The term "safe vehicle operation course" means a course approved by the Department that educates vehicle owners about the dangers resulting from vehicle operators exceeding posted speed limits and failing to comply with traffic signals, including the potential to cause injury or death, by utilizing a skilled facilitator to actively engage participants in self-reflection and discussion to identify and commit to specific safe driving practices. The goal of such course is to prevent vehicles from becoming dangerous instruments by educating owners about responsible vehicle ownership.
(b) Notice to vehicle owners. The Department will send by first-class mail, to all persons receiving a red light camera violation or a school speed camera violation, a notice that pursuant to Subchapter 4 of Title 19 of the New York City Administrative Code, a vehicle that incurs five or more red light camera violations or 15 or more school speed camera violations within any 12-month period may be determined to be a covered vehicle, and that such vehicle's registered owner may be required to enroll in and complete a safe vehicle operation course pursuant to the aforementioned subchapter and this section. Such notice shall also contain a warning that failure to enroll in and complete such course may result in the seizure and impoundment of such vehicle, pending completion of such course.
(c) Safe vehicle operation course.
(1) The Department will serve a safe vehicle operation course notice on the registered owner of a vehicle determined by the Department to be a covered vehicle. Such notice must be served by first-class mail.
(2) The registered owner of a vehicle who receives the safe vehicle operation course notice, or other person designated by the owner in accordance with paragraph (6) of this subdivision, must enroll in and complete an approved safe vehicle operation course within forty-five days from the date of such notice unless within such time such owner requests review of such notice by the Department in accordance with paragraph (3) or commences a proceeding to contest the notice before the Office of Administrative Trials and Hearings in the manner set forth in such notice. The method of enrollment in such course will be set forth in such notice or as indicated on the website of the Department. The registered owner must certify completion of the safe vehicle operation course to the Department within ten days from the date of the completion of such course in the manner set forth in such notice.
(3) Where the registered owner believes there was a mistake in the issuance of the notice including, but not limited to, the claimed number of predicate violations or the identification of the ownership of the vehicle, they may request a review of the notice's issuance by the Department within forty-five days after the issuance of the safe vehicle operation course notice, in the manner set forth in such notice. The Department will review and respond in writing to such owner's request within forty-five days. If the Department finds that such notice was issued properly and denies the registered owner's request, the registered owner or person designated pursuant to paragraph (6) of this subdivision must take the course within forty-five days after such denial unless within such time such owner chooses to contest the safe vehicle operation course notice before the Office of Administrative Trials and Hearings, in the manner set forth in the denial letter. If after such review the Department agrees with the registered owner's request, it will notify such owner in writing within forty-five days that they are not required to take the safe vehicle operation course.
(4) The registered owner who timely enrolls in a safe vehicle operation course may request the Department to reschedule such course upon showing a good cause as determined by the Department.
(5) If the Office of Administrative Trials and Hearings finds that such registered owner must complete the safe vehicle operation course, such registered owner must complete such course within forty-five days from such determination or as otherwise provided in such determination. The determination of the Office of Administrative Trials and Hearings shall be a final determination for purposes of review, pursuant to article 78 of the Civil Practice Law and Rules.
(6) A registered owner may designate the person that operated the vehicle when the predicate violations were committed and who has agreed to take the safe vehicle operation course on behalf of the owner or, with respect to a registered owner that is not a natural person, the person who operated or was in charge of the vehicle when the predicate violations were committed, by submitting a form in the manner set forth in the safe vehicle operation course notice or as indicated on the Department's website. Such form must be submitted prior to the date that a respondent is required to complete the safe vehicle operation course in accordance with paragraphs (2), (3) and (5) of this subdivision.
(d) Seizure and impoundment. Where a registered owner or a person designated by such registered owner fails to complete the safe vehicle operation course in accordance with this section, the covered vehicle may be subject to impoundment.
(1) The Department shall serve an order by first-class mail upon the registered owner of such covered vehicle. Such order shall require the owner to complete the safe vehicle operation course and certify to the Department completion of such course within a period of time to be set forth in such order, or appear at a hearing before the Office of Administrative Trials and Hearings at a time and place set forth in such order, at which such registered owner may present reasons why their covered vehicle should not be seized and impounded until such registered owner completes the safe vehicle operation course. The determination of the Office of Administrative Trials and Hearings shall be a final determination for purposes of review, pursuant to article 78 of the Civil Practice Law and Rules.
(2) If the Office of Administrative Trials and Hearings sustains the order of seizure and impoundment, the Department shall issue a warrant of seizure directing the City Sheriff, after twenty days have passed from the date of such final determination, to seize and impound the covered vehicle. The procedure for such seizure and impoundment by the Sheriff shall be the same procedure as that provided by law for seizure and impoundment pursuant to an execution under a judgment of a court. Such covered vehicle shall not be released until the owner provides certification of completion of the safe vehicle operation course and pays the amount of the City's expenses for the seizure and impoundment of such covered vehicle in accordance with the schedule of fees set forth in 34 RCNY § 4-07(i)(3).
(3) If the vehicle is not claimed within thirty days it will be considered abandoned and may be disposed of by the Sheriff in the manner provided pursuant to section 1224 of the Vehicle and Traffic Law.
(4) If within six months after completing a safe vehicle operation course a vehicle does not accumulate any additional predicate violations, any red light camera or school speed camera violations accrued prior to the completion of such course will not be counted as predicate violations for purposes of this section.
(Added City Record 10/29/2021, eff. 10/29/2021)
(a) Definitions. For the purposes of this section, the following terms have the following meanings:
Moped. The term "moped" means any limited use motorcycle as defined in section 121-b of the Vehicle and Traffic Law.
Moped share system. The term "moped share system" means a network of self-service and publicly available class B or class C limited use motorcycles that are registered in accordance with the New York State Vehicle and Traffic Law, and any related infrastructure, in which a trip begins and/or ends on any public highway in the City of New York. All mopeds in such a share system must be electric powered.
(b) Permit required. Any operator of a moped share system must first obtain a permit from the Department for the use of or operation on any public highway (as defined in 34 RCNY § 4-01). This permit establishes the operator as a qualified moped share system operator and it also specifies the particular mopeds in the qualified operator's fleet that it is authorized to operate under this share system. Such permit constitutes the moped share system permit authorized by the Department. However, such permit will expire, by operation of law, if the Department exercises its option, pursuant to subdivision h of § 19-176.3 of the Administrative Code, to establish a moped share system through a procurement and contracting process.
(c) Permit term, renewal, and fees. Each moped share system permit will be issued for a term of six (6) months and may be renewed. Each permit applicant must pay a permit fee of $1,050 . If the moped share system permit is renewed, the permit holder must pay to the Department a moped share system permit renewal fee of $4,100 every six (6) months.
(d) Application. An application for a moped share system permit must be submitted on a form prescribed by the Department which will include, but not be limited to, the following information:
(1) Legal name of the operator; its "Doing Business As" (DBA) certificate; certified copy of the Certificate of Incorporation and proof of registration with the New York State Department of State; company address; contact name; contact telephone number; contact e-mail address;
(2) Proof that all mopeds intended for use in the moped share system are registered with the New York State Department of Motor Vehicles and have a maximum speed of thirty miles per hour;
(3) Proof of automobile insurance for all mopeds intended for use in the moped share system;
(4) Make, model, length, weight, and battery range of all mopeds intended for use in the moped share system;
(5) Operating plan including proposed fleet size, rate structure, parking policies, and service area;
(6) Safety plan;
(7) Vehicle maintenance and inspection plan;
(8) Rider accountability and compliance plan;
(9) Community outreach plan;
(10) Equity plan;
(11) User terms and conditions; and
(12) Any other information as specified in the application.
(e) Review of applications for and issuance of moped share system permits.
(1) The Department may decline to issue a moped share system permit to an applicant that:
i. Is in arrears to the City of New York for an amount totaling more than one thousand dollars; or
ii. Does not provide proof of insurance; or
iii. Uses mopeds that are not owned or leased by the moped share system operator or rents mopeds to customers utilizing an application that is not owned by, or leased for the exclusive use of, the moped share system operator; or
iv. Has a demonstrated an unsafe record in the City of New York or any other city where it operates a moped share system, including but not limited to a record of inadequate user safety requirements or vehicle maintenance practices; or
v. Does not adhere to the conditions of any previously issued permit.
(2) If the Department declines to issue such a permit because the application or any of the conditions described in paragraph (3) of this subdivision are incomplete or insufficient, the applicant will have fifteen days from receipt of the denial to appeal the determination to the Commissioner. The Department will make a final determination on the appeal within thirty days.
(3) Conditions of moped share system permit. The permit holder must:
i. Provide to the Department an operating plan outlining moped share system's service area, fee structure, parking policies, moped model specifications, and fleet size.
ii. Provide to the Department a safety plan outlining user safety and operating training, user helmet compliance measures, and other safety measures, which may include but not be limited to:
A. providing to users the option of in-person safety and operating training classes;
B. providing to users in-app safety and operating training;
C. submitting to the Department for review and approval its safety curricula and related materials; and
D. instituting a probationary period for new users with additional riding restrictions, unless the user takes an in-person safety and operating training class.
iii. Provide to the Department a user accountability and compliance plan outlining user monitoring measures which may include but not be limited to:
A. a community reporting tool enabling members of the public to report violations of traffic rules by users of the moped share system through the system's mobile application, website and e-mail;
B. a user sanctioning policy that does not include user monetary penalties for safety violations; however, the permit holder may recoup municipal parking fines from the user (although ultimately the permit holder is responsible for any monies due to the City) or use monetary penalties for violations of non-safety provisions of its user agreements; and
C. account sharing prevention measures.
iv. Provide to the Department a maintenance and inspection plan outlining the applicant's moped inspection, preventative maintenance, and repair program.
v. Provide to the Department a community outreach plan that will guide the permit holder's engagement of stakeholders within the proposed area of operation.
vi. Provide to the Department an equity plan outlining measures to provide access to the moped share system to low- and moderate-income residents.
vii. Ensure that all mopeds in the permit holder's fleet are equipped with a helmet, including a helmet for any passengers (if applicable).
viii. Include no binding arbitration clause and no waiver of class action rights relating to personal injury claims in its customer terms of service, liability waiver, or any equivalent user agreement.
ix. Protect the data of users, including but not limited to not sharing or selling of personal data with third parties, and providing data privacy when accessing any moped share system application.
x. Operate only during the hours of operation approved by the Department;
xi. Operate only within area(s) approved by the Department.
xii. Operate only a Department-approved number of mopeds in the moped share system.
xiii. Not operate in areas where mopeds are proscribed by law from being operated. This includes parks, bridges or any limited access highways where such usage is prohibited by the Department by rule.
xiv. Indemnify the City against legal liabilities associated with the use, operation, and occupancy of the public highway in its operations.
xv. Track all crashes involving its moped share system.
xvi. Notify the Department of any crashes involving property damage and injuries and issues which could affect public safety, including but not limited to reports of criminal activity involving the moped share system, and incidents involving responses from the Police and Fire Departments.
xvii. Provide the Department with a thirty-day notice if a permit holder decides to discontinue its operations.
xviii. Clearly display the permit holder's name or logo and contact information prominently on each of its mopeds; however, no other logo or any kind of advertisement shall be allowed.
xix. Promptly notify the Department of any changes to the information provided in its application.
xx. Share and regularly report to the Department the data specified in subdivision (g) of this section.
xxi. Provide a performance bond to cover all costs and expenses that may be incurred by the City as a result of the authorized activity for which the permit is issued or for the purpose of otherwise safeguarding the interests of the City. The bond must be in the form prescribed by the Department. Such performance bond described above must cover all permitted activities described herein.
xxii. Comply with any terms and conditions of the permit issued by the Department, including but not limited to levels of service.
xxiii. Comply with all applicable laws, rules and regulations related to the operation of the moped share system.
(f) Suspension, revocation, refusal to renew share system permits.
(1) The Department may suspend or revoke a moped share system permit, refuse to renew such a permit, or reduce the authorized fleet size of the moped share system for failure to comply with any of the terms and conditions of the share system permit, these rules, or other applicable law or rule.
(2) Prior to suspending or revoking a moped share system permit, the permit holder will be provided with an opportunity to be heard. The Department will serve the moped share system permit holder with a notice specifying the nature of the violation prior to conducting the suspension or revocation hearing.
(3) Prior to refusing to renew such a permit or ordering a reduction in the authorized fleet size of a moped share system, the permit holder will be provided with an opportunity to be heard upon request.
(4) In the event that the Department revokes a moped share system permit, the permit holder must remove all of its mopeds within 24 hours of revocation.
(5) In the event that the Department refuses to renew a moped share system permit or reduces the authorized fleet size of the moped share system, the permit holder must remove its mopeds or the required number of mopeds, as applicable, within five business days of notification.
(6) The Department may immediately suspend or revoke a moped share system permit if the Department believes such continued authorization would constitute a direct and substantial threat to public health or safety, pending a suspension or revocation hearing. However, the department must schedule such hearing no later than 15 business days from the date of such immediate suspension or revocation and notify the moped share system permit holder of the hearing date 5 business days in advance.
(7) The Department's decision regarding suspension or revocation will be the Department's final determination.
(g) Data sharing requirements.
(1) Each permit holder must provide to the Department datasets that may include but not be limited to the following:
i. Vehicle data;
ii. Trip summary data;
iii. Trip telematics data;
iv. Membership and user data;
v. Crash and injury data;
vi. Rebalancing actions data;
vii. Vehicle/battery recharging/swapping data;
viii. Safety and training data;
ix. Vehicle maintenance and repair data;
x. User compliance data;
xi. Company Enforcement Actions data;
xii. Community reporting data;
xiii. Customer service data;
xiv. Vehicle and battery vandalism/damage/theft data;
xv. Any other dataset included in the terms and conditions of the permit or requested by the Department.
(2) Data specified in paragraph (1) of this subdivision must be transmitted to the Department in real time, through a live application programming interface (API) such as those described in the Mobility Data Specification v1.0.0 or later, or comparable platforms. Other data is expected on at minimum a weekly basis. Crash and safety data should be relayed earlier, whenever possible.
(3) Each permit holder must provide a public-facing Generalized Bikeshare Feed Specification (GBFS) API endpoint. An additional private GBFS endpoint will be provided for use by the Department, which does not rotate vehicle IDs, but rather employs static ones consistent with data described in paragraph (1) of this subdivision.
(4) Each permit holder must conduct an annual user survey in a form prescribed by the Department.
(Added City Record 12/14/2021, eff. 12/14/2021)
(a) For purposes of this subdivision, the term "Theatre District Zone" has the same meaning as "theatre district zone" in § 19-157.1 of the Administrative Code.
(b) Pedestrian flow zones. Where the Department has designated by markings and/or signage Pedestrian Flow Zones in or on the Theatre District Zone, no person shall use such zones for any purpose other than the safe and continuous movement of pedestrian traffic.
(c) Designated activity zones.
(1) Where and when the Department has indicated by markings and/or signage one or more Designated Activity Zones on any block within the Theatre District Zone, no person on such block shall engage in Designated Activities outside Designated Activity Zones, except:
(i) where otherwise authorized by a concession agreement entered into by the Department; or
(ii) where otherwise authorized by an event permit issued by the Mayor's Office of Citywide Event Coordination and Management; or
(iii) where otherwise authorized by a permit issued by the Mayor's Office of Media and Entertainment; or
(2) A person may engage in Designated Activities on a block in the Theatre District Zone if such person is not within a Pedestrian Flow Zone and if such block does not contain any Designated Activity Zones.
(3) This subdivision shall not apply to operators of newsstands authorized by § 20-241.1 of the Administrative Code.
(Added City Record 12/9/2021, eff. 12/9/2021)
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