N.Y. Comp. Codes R. & Regs. tit. 17 § 154-2.2

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

Section 154-2.2 - Definitions

As used in this Part, unless the context requires otherwise, the following words and terms are defined:

(a) Advisory Council shall mean the State Motor Carrier Advisory Council established by section 385 of the Vehicle and Traffic Law.

(b) Agricultural vehicle shall mean any motor vehicle used and owned by a person engaged in food production by means of the planting, cultivation and harvesting of agricultural, vegetable and food products of the soil, for the sole purpose of transporting such product.

(c) Annual vehicle fee shall mean the charge assessed for each divisible load overweight permit. This fee covers a 12-month period except for agricultural permits, which cover a four- month period. The annual vehicle fee will not be prorated for shorter periods.

(d) Axle shall mean a pin or shaft having carrying capacity upon which wheels or pairs of wheels revolve. A pin or shaft has carrying capacity when its function is to support or sustain a reasonable proportion of the laden weight of the vehicle.

(e) Banked weight capacity shall mean the New York State highest permitted weight of a vehicle prior to January 1, 1888. The vehicle must have been operational at some time on public highways during the immediate three-year period prior to January 1, 1986 in order to be part of the banked weight system.

(f) Categories of permits shall mean the assignment of a nomenclature by the department of either F1, F2, F3, F4, F5 or F6 to differentiate the categories of permits as specified in section 385(15)(f) of the Vehicle and Traffic Law.

(g) Commissioner shall mean the Commissioner of the New York State Department of Transportation.

(h) Department shall mean the New York State Department of Transportation.

(i) Federal bridge formula. The weight produced by the following Federal bridge formula:

W = 500((LxN) / (N-1) Image (12 x N) Image 36)

Where W equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L equals distance in feet from the center of the foremost axle to the center of the rearmost axle of any group of two or more consecutive axles, and N equals number of axles in group under consideration. (Note: Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each provided the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more.)

(j) Grouping of axles shall mean two or more consecutive axles utilized in connection with the Federal bridge formula.

(k) Highway for which a permit is valid shall mean any public way open to use for the purpose of vehicular truck traffic over which the commissioner has jurisdiction (excluding those State highways within New York City). In addition a sanivan permit is valid on any public way open to use for the purpose of vehicular traffic.

(l) Leased vehicle. A vehicle owned by a person engaged in the business of renting or leasing vehicles, which is rented or leased without a driver to a person other than the owner, and registered in the name of the lessee or renter.

(m) Legal weight shall mean the maximum weight limits for which a vehicle or combination of vehicles is authorized by section 385 of the Vehicle and Traffic Law, as well as any increase in such limits specified in a permit issued pursuant to this Subpart.

(n) Manufacturer recommended axle and gross weight shall mean the rating specified by the manufacturer as the maximum loaded weight of an individual axle or a grouping of axles of a single vehicle or combination of vehicles. A vehicle can be certified at a higher or lower recommended weight rating by the original manufacturer, retrofitter or assembler, provided such are qualified to make such certifications. Such rating will be utilized only in connection with replacement vehicles.

(o) Maximum gross vehicle weight is the maximum gross weight for which a divisible load overweight permit may be issued. If no permit is issued or issuable, then section 385 of the Vehicle and Traffic Law shall apply.

(p) Maximum load which could have been carried on the replaced vehicle shall mean the legal weight of the vehicle or combination of vehicles less the unladen weight of the vehicle or combination of vehicles.

(q) Maximum gross weight for which a divisible load overweight permit may be issued shall mean:

(1) For F1 permits: for a vehicle having at least three axles and a wheelbase of not less than 16 feet, or for a combination of vehicles with a trailer not exceeding 48 feet, apply the lesser of:

(i) 102,000 pounds;

(ii) the manufacturer's rating; or

(iii) 42,500 pounds plus 1,250 pounds per linear foot of wheelbase, provided however a total additional 1,875 pounds may be added to the gross weight of the weight computed under this formula for any additional axles in excess of three on a single unit vehicle up to 24 feet in wheelbase, or any additional axles in excess of five on a combination of vehicles with a minimum wheel base in excess of 36 feet.

(2) For F2, F4, F5 and F6 permits, see section 154-2.4 of this Subpart.

(3) For F3 permits: for a vehicle having two axles and a wheelbase of at least 10 feet, the maximum gross vehicle weight shall not exceed 50,400 pounds between January 1, 1994 and December 31, 1994, and 49,400 pounds after December 31, 1994.

(r) Maximum trailer length. For the purpose of this Subpart, the trailer length shall be measured from the foremost point of the trailer body to the rearmost point of the trailer body. The distance computation will not include the measurement of the tractor or chassis cab (power unit). The department may not issue a permit for vehicles which are not in compliance with legal width and length requirements.

(s) Measurement of number of axles. At least one wheel on each side of the axle must be in contact with the pavement when the vehicle is loaded in order for the axle to be counted. (Note: To determine the overall tire width in the case of multiple tires or multiple wheels, the sum of the widths of all the tires, which are in contact with the pavement when the vehicle is loaded, on a wheel or combination of wheels shall be taken into consideration.)

(t) Most restrictive weight shall mean the lesser of the maximum gross vehicle weight or the maximum axle weight as prescribed in subsections (8), (9) and (10) of section 385 of the Vehicle and Traffic Law.

(1) Model year for a vehicle (power unit or trailer) that is assigned by the vehicle manufacturer and specified within the vehicle identification number.

(u) Nondivisible load shall mean one piece or item which cannot be separated into units of less weight without affecting the physical integrity of the load. A nondivisible load is not a fungible load. Fungible loads consist of articles which are not distinguishable by a description referring to the particular item, but rather are distinguishable by the ascertainment of weight and measure. The constituent parts which make up nondivisible loads are distinguishable from each other by physical differences in size, shape, texture, and/or quality. Examples of nondivisible loads may include, but are not limited to single poles, girders, columns, wood or metal trusses, buildings, houses, and determinations made pursuant to subparagraph (e) of subdivision 15 of section 385 of the Vehicle and Traffic Law. By statute, a nondivisible load includes bulk milk, coiled steel and sealed shipping containers.

(v) Owner shall mean a person, other than a lien holder, having the property in or title to a vehicle. This term includes a person entitled to the use and possession of the vehicle subject to a security interest in another person, and also includes any lessee or bailee, of a motor vehicle having the exclusive use thereof, under a lease or otherwise, for a period greater than 30 days.

(w) Permittee shall mean a municipality, public utility company, private company, corporation, partnership, association or the individual in whose name the permit is issued.

(x) Power unit shall mean any self-propelled vehicle properly registered and legally entitled to be on State highways or one to draw another vehicle along such a highway.

(y) Registered in this State prior to January 1, 1986 shall mean a vehicle registered pursuant to article 14 of the Vehicle and Traffic Law in New York at some time prior to January 1, 1986. Registration is required. Registered weight shall be the highest registered weight at which the vehicle was registered in New York prior to April 1, 1987, except as provided in section 154-2.3(b) of this Subpart. For vehicles owned and operated by municipalities or for F1 and F2 permits, the registered weight shall be the weight at which the vehicle is registered in New York State at the time of the permit application. For the purpose of determining grandfather rights of a trailer, it shall be presumed that the trailer has the same registration rights as the power unit to which it is to be attached.

(z) Replacement vehicle shall mean a vehicle of like type, characteristic and function as the vehicle being replaced. It must be demonstrated that the replaced vehicle was registered in New York State at some time prior to January 1, 1986, and was operational on public highways at some time during the three-year period prior to January 1, 1986, except for F1 and F2 permits. A replacement vehicle may have greater or fewer axles than the vehicle replaced. A replacement vehicle may be a combination of vehicles even if the replaced vehicle is a single vehicle. A replacement vehicle may be a single vehicle even if the replaced vehicle is a combination of vehicles. However, in no event shall a permit be issued to a replacement vehicle whose registered vehicle weight exceeds the highest registered weight of the replaced vehicle, based solely on the replaced vehicle's prior New York State registered weights, except for F1 and F2 permits. It must be demonstrated on the certificate of grandfather rights that the replacement rights have been transferred to the replacement vehicle.

(aa) Restricted permit shall mean a vehicle whose gross and/or weight exceeds the limits prescribed on an F1, F3, F4, or F5 permit and is identified on the permit as a restricted (R) permit. This type of permit is not allowed to cross any structure or highway which is "R" rated. Permits affected are types 6, 6A and 7.

(ab) Routing limitations. Permittee is subject to all posted temporary or permanent highway or bridge restrictions, and any bridge restrictions set forth in the permit. Highway limitations preempt the permit authorization.

(ac) Sanivan shall mean any motor vehicle which is so designed that it contains a rear compaction unit and is intended for use in the collection of refuse.

(ad) Total tandem axle weight shall mean the total weight supported by two axles whose spacing between their centers (hubs) is less than eight feet (96 inches) but greater than or equal to 46 inches with measurements rounded to the nearest inch.

(ae) Total tridem axle weight shall mean the total weight supported by three axles whose spacing between center of each consecutive axle is not less than 46 inches nor more than eight feet (96 inches) with the distance between the first and third axle not spaced more than 11 feet, 10 inches.

(af) Total-quad axle weight shall mean the total weight supported by four axles whose spacing between centers of consecutive axles is not less than 46 inches nor more than eight feet (96 inches) with the distance between the first and fourth axle not spaced more than 14 feet (168 inches).

(ag) Trailer shall mean any vehicle capable of carrying a load with a minimum gross vehicle weight rating of 30,000 pounds.

(ah) Type of permit shall be as provided in this Subpart.

(ai) Vehicle designed and constructed to carry loads that are divisible loads shall mean a vehicle whose contents are not one piece or item nor determined to be one piece or item pursuant to subparagraph (e) of subdivision 15 of section 385 of the Vehicle and Traffic Law (see also Subpart 154-1 of this Part).

(aj) Wheelbase shall mean the measurement from the center of the foremost axle to the center of the rearmost axle of the vehicle or combination of vehicles, measured to the nearest inch. (Note:Measurement of six inches or greater is rounded up to the nearest foot, except for F3 and F4 type 3 permits, for purposes of determining the class of permit eligibility.)

(ak) Renewal shall mean a reissue or extension of an existing permit with no changes, except for effective dates.

(al) Lottery shall mean a random drawing held of all new vehicle permit applications for F1 and F2 category permits. This drawing will be held on a monthly basis when permits are available.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 154-2.2