N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.3

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

Section 154-2.3 - General criteria

(a) For a vehicle to be eligible for an F3, F4, F5, or F6 permit, such vehicle must have previously been permitted under this Subpart prior to January 1, 1988, or is a replacement vehicle. For F4, F5 and F6 permits, additional vehicles may be permitted based upon excess banked weight, as provided by this Subpart.

(b) F1 and F2 permits may be issued if for a vehicle registered in New York with a current F1 permit, or, for a vehicle which is eligible under subdivision (f) of this section.

(c) Replacement vehicles. The highest gross weight for which a replacement vehicle or combination of vehicles may be issued a permit shall be the lower of the manufacturer recommended gross weight of the replacement vehicle or the legal weight of the vehicle being replaced. For vehicles owned and operated by municipalities and for F1 and F2 permits, the highest registration weight of the replaced vehicle shall be the registered weight of the vehicle in New York State at the time the first permit application was made.

(d) A permit for vehicles other than replacement vehicles will be issued taking into consideration the following factors: axle weight rating of each axle of the vehicle, maximum vehicle gross weight and/or axle(s) weight(s), wheelbase, axle distance, number of axles, maximum trailer length, tire size, number of tires per axle, and safety criteria as set forth in this Part.

(e) For replacement vehicles or combination of vehicles, the following factors are taken into account: manufacturer-recommended or certified gross weight rating of the vehicle or combination of vehicles, and/or axle weight rating of each axle of the vehicle, maximum vehicle gross weight and/or axle(s) weight(s), wheelbase, axle distance, number of axles, maximum trailer length, tire size, number of tires per axle, and safety criteria as set forth in this Part.

(f) The total number of overweight divisible load permits issued by the department is prescribed in section 385 (15)(f) of the Vehicle and Traffic Law, which provision authorizes the issuance of additional overweight divisible load permits effective January 1, 1994. These additional permits are to be issued on a lottery basis. The following provisions are applicable to additional permits to be so issued:

(1) vehicles to be issued permits must be registered in New York, and must maintain such registration for the period of the permit;

(2) the highest permit weight will be based on subdivision (d) of this section and section 154-2.4(a)(1) and (2) of this Subpart;

(3) applicant must submit a completed lottery overweight divisible load permit application (PERM 92), a check for the appropriate permit fee payable to the New York State Department of Transportation, a copy of current registration and manufacturers incomplete vehicle data sheet showing VIN number, a gross vehicle weight rating and axle weight rating (a legible photograph, of the vehicle door data plate may be substituted for the manufacturers rating showing the above information); and

(4) vehicle permit issuance will be by lottery when permits become available.

N.Y. Comp. Codes R. & Regs. Tit. 17 §§ 154-2.3