N.Y. Comp. Codes R. & Regs. tit. 17 § 154-2.8

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

Section 154-2.8 - Safety-general

The issuance of a divisible load overweight permit will be guided by considerations for the safety of the traveling public and the protection of the highways and the environment.

(a) Accident reporting. Whenever a vehicle or combinations of vehicles operating under a divisible load overweight permit is involved in an accident reportable under section 605 of the Vehicle and Traffic Law, a copy of the report (MV 104) filed with the Commissioner of Motor Vehicles shall be submitted to the Advisory Council within 10 days of such accident. Reports shall be mailed to the Advisory Council, Department of Transportation, Building 5, Room 311, 1220 Washington Avenue, Albany, NY 12232. Failure to timely report such accidents may result in revocation of the permit.

(b) [Reserved]

(c) Operation.

(1) Divisible load overweight vehicles operating on four-lane or divided highways should be driven in the right-most lane of traffic, except where the right lane must exit. In the event that extremely slow traffic is encountered in the right-most lane, permit vehicles may legally pass such traffic unless otherwise prohibited by regulatory sign. Vehicles operating on an incline and unable to maintain the posted speed limit should pull off the highway whenever possible to allow traffic to pass. Permit vehicles shall be driven, as nearly as practicable, entirely within a single lane and shall not move from that lane unless such movement can safely be made.

(2) The front or steering axle shall not carry more than 22,400 pounds.

(3) Permit vehicles registered to the same owner(s) shall not travel in the same direction of travel closer than 1,000 feet apart unless specified on the permit.

(4) Loads must be adequately secured to the permit vehicle to prevent shifting.

(5) Permit movements during periods of high winds, poor visibility, or when the highways are slippery due to snow, ice or rain should be restricted, based upon the necessity of the load reaching its destination promptly. During such periods, such vehicles may be halted by any police officer and ordered removed from the highway.

(6) All axles taken into consideration to establish weight limitations must support a reasonable proportion of the load when the vehicle is laden.

(7) The applicant may be required to demonstrate to the department that the number of axles on the vehicle does not unduly hinder steering capacity so as to make operation of the vehicle unsafe.

(8) The applicant/permittee may have to demonstrate that the steering capacity of the vehicle will not be unduly hindered if the vehicle maintains a bogey or air axle.

(9) Each vehicle must be loaded so that the center of gravity of the laden vehicle will not cause the unsafe operation of the vehicle.

(10) No permitted vehicle should be operated in excess of the manufactured-recommended gross weight rating (replacement vehicles only) or the weight rating(s) set forth in the permit application for that vehicle. No permitted vehicle shall operate in excess of the registered gross vehicle weight of that vehicle. Operation of permitted vehicles in excess of the above weights is considered to be per se unsafe.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 154-2.8