S T A T E O F N E W Y O R K
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2478
2009-2010 Regular Sessions
I N S E N A T E
February 20, 2009
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Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
powers and duties of the commissioner; and to amend the vehicle and
traffic law in relation to the transportation of bulk milk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 16 of the agriculture and markets
law, such section as renumbered by chapter 16 of the laws of 1935, is
amended to read as follows:
4. Investigate the sources of food supply for the state, the
production, transportation, storage, marketing and distribution of food
sold, offered for sale, stored or held within the state, the cost OR
BARRIERS of transportation to the leading centers of population and of
distribution to consumers.
S 2. Subdivision 11 of section 16 of the agriculture and markets law,
as amended by chapter 267 of the laws of 1970, is amended to read as
follows:
11. Co-operate with the commissioner of transportation with the view
of obtaining suitable, expeditious and economical facilities for the
shipment of food, and recommend as to the action to be taken by such
commissioner to avoid and prevent unfair discrimination in such shipment
and unreasonable delay OR BARRIERS in the transportation thereof, and to
obtain fair and reasonable rates for such transportation.
S 3. Paragraph (d) of subdivision 15 of section 385 of the vehicle and
traffic law, as amended by section 3 of part C of chapter 59 of the laws
of 2004, is amended to read as follows:
(d) Except during storms, floods, fires or other public emergencies,
no such permit may be issued to include a towing operation involving
more than two vehicles except three vehicle combinations consisting of a
tractor, semitrailer and trailer or a tractor and two trailers within
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07685-01-9
S. 2478 2
legal weight and width limits proceeding to or from any qualifying high-
way or access highway. Every such permit may designate the route to be
traversed and contain any other restrictions or conditions deemed neces-
sary by the issuing authority. Every such permit shall be carried on the
vehicle to which it refers and shall be open to the inspection of any
peace officer, acting pursuant to his special duties, or police officer,
or any other officer or employee authorized to enforce this section. All
permits issued shall be revocable by the authority issuing them at the
discretion of the authority without a hearing or the necessity of show-
ing cause. Except for a vehicle having a maximum gross weight not
exceeding eighty thousand pounds without regard to any axle weight limi-
tation set forth herein or the maximum gross weight established by the
formula commonly referred to as the bridge formula as set forth in
subdivision ten of this section and except for state or municipally-
owned single vehicles engaged in snow and ice control operations, or
designed or fitted for snow and ice control operations while engaged in
other public works operations on public highways which do not exceed the
weight limits contained in subdivision seventeen-a of this section, no
permit shall be issued to allow operation or movement of any vehicle or
combination of vehicles whose weight exceeds the limitations otherwise
prescribed in this section other than an annual permit issued pursuant
to paragraph (f) of this subdivision except upon a finding by the
department of transportation or the appropriate authority, as the case
may be, that the load proposed is of one piece or item or otherwise
cannot be separated into units of less weight provided, however, that
any such permit issued upon such finding shall not be valid for the
operation or movement of such vehicles on any state or other highway
within any city not wholly included within one county. PROVIDED, HOWEV-
ER, A PERMIT FOR THE TRANSPORTATION OF BULK MILK SHALL BE VALID ON ANY
STATE OR OTHER HIGHWAY UNLESS SUCH VEHICLE OR ANY COMBINATION OF VEHI-
CLES TRANSPORTING SUCH MILK EXCEEDS LIMITATIONS ON SUCH STATE OR OTHER
HIGHWAY AS DETERMINED BY THE DEPARTMENT OF TRANSPORTATION OR WITHIN ANY
CITY NOT WHOLLY CONTAINED WITHIN ONE COUNTY BY THE DEPARTMENT OF TRANS-
PORTATION AND THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY. Bulk milk
may be considered one piece or item.
S 4. This act shall take effect immediately.