N.Y. Comp. Codes R. & Regs. tit. 17 § 154-2.15

Current through Register Vol. 46, No. 25, June 18, 2024

Section 154-2.15 - Permit revocation

All permits issued shall be revocable at the discretion of the department without a hearing or the necessity of showing cause. Revocation of permit may be imposed notwithstanding any determination by a court with respect to a permit related violation under section 385 of the Vehicle and Traffic Law.

(a) Notice of permit revocation. Whenever it shall appear to the Department of Transportation that a permittee is not complying with the provisions of this Part, the permittee may be given written notice stating the nature of the violation. Upon notice, the permit shall be deemed revoked for the period of time determined by the department, not to exceed one year. The revoked permit must be surrendered immediately to the department.

(b) Restricted permits. If a permit holder operates a vehicle or combination of vehicles under a restricted permit in violation of bridge or highway posting restrictions (i.e., traversing a bridge or a highway which cannot be legally traversed at the higher authorization weight) the permit issued to such vehicle or combination of vehicles shall be deemed void as of the next day and not subject to reissuance for a period of 12 months from the date of the violation. All permits for that power unit will be immediately voided for a period of 12 months from the date of the violation.

(c) Notwithstanding subdivisions (a) and (b) of this section, the permittee may request a hearing, to contest the facts as set forth in the notice of revocation. If the permittee contests issues of fact, the department shall schedule a hearing.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 154-2.15