N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.18

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

Section 154-2.18 - Excess or banked weight capacity (F4, F5 and F6 only)

(a) The banked capacity for a registered owner must have been established with the department prior to January 1, 1988. The banked weight capacity for a vehicle(s) is the weight for which the vehicle was permitted at the time banked weight capacity was established. The banked weight capacity will be maintained in an account for each registered owner. The banked capacity shall be established by a single vehicle or the power unit of a combination of vehicles and not by the trailers.

(b) Excess weight capacity arises from one or more of the four following situations:

(1) a replacement vehicle having a gross vehicle weight less than the banked weight capacity of the replaced vehicle; or

(2) by the statutory reduction in maximum weights or phasing out of a permit type under the F4, or F5 permit over the phase-down period; or

(3) the difference in weight between two or more permit types when the higher weight permit(s) is surrendered. If this is done the grandfather weight will be reduced to the new permit level; or

(4) the voluntary surrender of a permit to be credited to a company's excess banked weight. Once this permit weight is surrendered, this vehicle can no longer obtain a permit under this same account.

(c) The excess weight capacity can only be used to justify the acquisition of additional vehicle(s) as replacement vehicles.

(d) The gross weight capacity of the replacement vehicle or combination of vehicles shall not exceed the gross weight capacity of the replaced vehicle or combination of vehicles. Therefore, unused banked weight capacity (excess weight capacity) cannot justify a replacement vehicle which has a gross weight capacity greater than the replaced vehicle.

(e) If a permit is revoked pursuant to this Part, the excess or banked weight capacity of the permitted vehicle shall be adjusted to reflect the weight loadings which should be carried by the permitted vehicle.

N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.18