NY State Senate Bill 2017-S2904

Senate Bill S2904

Signed By Governor

2017-2018 Legislative Session

Relates to authorizing a permit for a vehicle owned by a municipality to not expire

download bill text pdf

Archive: Last Bill Status Via A6926 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 01, 2018	signed chap.299
Sep 19, 2018	delivered to governor
Jun 04, 2018	returned to assembly passed senate 3rd reading cal.759 substituted for s2904a
Jun 04, 2018	substituted by a6926a
Apr 23, 2018	advanced to third reading
Apr 18, 2018	2nd report cal.
Apr 17, 2018	1st report cal.759
Jan 03, 2018	referred to transportation
Jun 06, 2017	print number 2904a
Jun 06, 2017	amend and recommit to transportation
Jan 18, 2017	referred to transportation

Votes

- Jun 4, 2018 - Floor Vote
  A6926
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Apr 17, 2018 - Transportation Committee Vote
  S2904
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 17, 2018
      
      aye (18)
      
      Benjamin
      
      Dilan
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serrano
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Avella

Bill Amendments

Original

A (Active)

2017-S2904 - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §385, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S6950

2017-S2904 - Summary

Authorizes a permit for a vehicle owned by a municipality to not expire until such municipality removes such permitted vehicle from operation.

2017-S2904 - Sponsor Memo

                                 BILL NUMBER:  S2904

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to special hauling permits for vehicle combinations

 PURPOSE :

To authorize a vehicle to operate in combination with other vehicles
so authorized

 SUMMARY OF PROVISIONS :

Section 1 amends § 385 of the Vehicle and Traffic Law by adding a new
subdivision providing, notwithstanding any law, rule, or regulation to
contrary, any permit issued pursuant to subdivision 15 of this section
for the operation or movement of a vehicle owned and identified as
being owned by a political subdivision shall automatically be deemed
to authorize the operation of such vehicle in conjunction with other
vehicles or any combination of other vehicles so authorized.

Section 2 is the effective date.

 EXISTING LAW :

Section 385 of the Vehicle and Traffic Law provides the restrictions
on the dimensions and weights of vehicles. Subdivision 15 of this

section provides the requirements of special hauling permits for
vehicles and combinations of vehicles, including those requirements
for governmental subdivisions.

 JUSTIFICATION :

New York State government includes 62 counties, 62 cities, 932 towns,
555 villages and 733 school districts, many of which own and operate
vehicles and trailers, for a variety of purposes ranging from street
repairs to hauling materials and/or equipment. While these
subdivisions of government are not required to pay fees to New York
State to register vehicles, trailers and other equipment, Department
of Transportation regulations mandate that each local agency file
separate paperwork, known as "hauling permits," for each vehicle and
trailer and keep documents available for inspection.

Agencies often own a variety of trailers used to haul equipment like
cranes, bulldozers and other machinery that needs to be transported to
construction sites. In cases where a municipality owns a fleet of
trucks and a fleet of trailers, separate hauling permits detailing
each possible combination of vehicle and trailer must be filed with
the New York State Department of Transportation. For agencies with
large fleets, for example, a county highway department that owns 12
trucks and 25 trailers, the regulations require local officials to
fill out 300 separate forms detailing every possible combination of
truck and trailer (or other piece of equipment) that they might use on
a project.

The staff effort to fill out so many different forms can be costly and
time consuming since it must also be updated as new vehicles are
purchased and older ones are taken off the road. The mandated
paperwork must also be duplicated and filed so it is available for
review by both local and state officials. The time spent by over 2,300
local governments and school districts assigning employees to fill out
and maintain such nonessential paperwork could be better used
providing useful services to the people of New York State. State DOT
employees would also benefit from the time now spent collecting,
filing, reviewing and storing nonessential documents.


This legislation alleviates the requirement that each local agency
file the multiplicity of hauling permits for each vehicle and trailer
in their fleet. By eliminating this mandate, local governments are
made more efficient and are able to devote more time and resources to
improving the lives of New York's hard pressed taxpayers rather than
filing duplicative paperwork.

 LEGISLATIVE HISTORY :

2016: S.6950-A

 FISCAL IMPLICATIONS :

None. Governmental subdivisions are not required to pay fees to New
York State to register vehicles, trailer, or other equipment.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2904 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2904
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  special
   hauling permits for vehicle combinations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 385 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 15-b to read as follows:
   15-B. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, ANY
 PERMIT  ISSUED  PURSUANT  TO SUBDIVISION FIFTEEN OF THIS SECTION FOR THE
 OPERATION OR MOVEMENT OF A VEHICLE OWNED AND IDENTIFIED AS  BEING  OWNED
 BY  A  POLITICAL  SUBDIVISION SHALL AUTOMATICALLY BE DEEMED TO AUTHORIZE
 THE OPERATION OF SUCH VEHICLE IN CONJUNCTION WITH OTHER VEHICLES OR  ANY
 COMBINATION OF OTHER VEHICLES SO AUTHORIZED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08236-01-7

2017-S2904A (ACTIVE) - Details

Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §385, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S6950

2017-S2904A (ACTIVE) - Summary

Authorizes a permit for a vehicle owned by a municipality to not expire until such municipality removes such permitted vehicle from operation.

2017-S2904A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2904A

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to special
hauling permits for vehicle combinations

 PURPOSE :

To authorize a vehicle to operate in combination with other vehicles
so authorized

 SUMMARY OF PROVISIONS :

Section 1 amends § 385 of the Vehicle and Traffic Law by adding a new
subdivision providing, notwithstanding any law, rule, or regulation to
contrary, any permit issued pursuant to subdivision 15 of this section
for the operation or movement of a vehicle owned and identified as
being owned by a political subdivision shall remain in effect for the
life of the vehicle. Any amendment shall remain subject to the
Commissioner's approval, and the Commissioner retains the authority to
revoke any permit.

Section 2 is the effective date.

 EXISTING LAW :

Section 385 of the Vehicle and Traffic Law provides the restrictions
on the dimensions and weights of vehicles. Subdivision 15 of this
section provides the requirements of special hauling permits for
vehicles and combinations of vehicles, including those requirements
for governmental subdivisions.

 JUSTIFICATION :

New York State government includes 62 counties, 62 cities, 932 towns,
555 villages and 733 school districts, many of which own and operate
vehicles and trailers, for a variety of purposes ranging from street
repairs to hauling materials and/or equipment. While these
subdivisions of government are not required to pay fees to New York
State to register vehicles, trailers and other equipment, Department
of Transportation regulations mandate that each local agency file
separate paperwork, known as "hauling permits," for each vehicle and
trailer and keep documents available for inspection.

Agencies often own a variety of trailers used to haul equipment like
cranes, bulldozers and other machinery that needs to be transported to
construction sites. In cases where a municipality owns a fleet of
trucks and a fleet of trailers, separate hauling permits detailing
each possible combination of vehicle and trailer must be filed with
the New York State Department of Transportation. For agencies with
large fleets, for example, a county highway department that owns 12
trucks and 25 trailers, the regulations require local officials to
fill out 300 separate forms detailing every possible combination of
truck and trailer (or other piece of equipment) that they might use on
a project.

The staff effort to fill out so many different forms can be costly and
time consuming since it must also be updated as new vehicles are
purchased and older ones are taken off the road. The mandated
paperwork must also be duplicated and filed so it is available for
review by both local and state officials. The time spent by over 2,300
local governments and school districts assigning employees to fill out
and maintain such nonessential paperwork could be better used
providing useful services to the people of New York State. State DOT

employees would also benefit from the time now spent collecting,
filing, reviewing and storing nonessential documents.

This legislation alleviates the requirement that each local agency
file the multiplicity of hauling permits for each vehicle and trailer
in their fleet annually. By reducing this mandate, local governments
are made more efficient and are able to devote more time and resources
to improving the lives of New York's hard pressed taxpayers rather
than filing duplicative paperwork.

 LEGISLATIVE HISTORY :

2016: S.6950-A

 FISCAL IMPLICATIONS :

None. Governmental subdivisions are not required to pay fees to New
York State to register vehicles, trailer, or other equipment.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S2904A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2904--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the vehicle and traffic  law,  in  relation  to  special
   hauling permits for vehicle combinations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (a) of subdivision 15  of  section  385  of  the
 vehicle and traffic law, as amended by section 1 of part C of chapter 59
 of the laws of 2004, is amended to read as follows:
   (a) The commissioner of transportation is hereby authorized to contin-
 ue  to  grant permits, and to charge fees therefor, for the operation or
 movement of a vehicle or  combination  of  vehicles  having  weights  or
 dimensions  which  exceed  the  limitations provided for in this section
 upon any highway under his or her jurisdiction except that  such  permit
 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. Such permits shall be issued in accordance with  the  terms  and
 conditions  contained in rules and regulations governing special hauling
 permits which have been or shall be promulgated by the  commissioner  of
 transportation  and which may include, but not be limited to, a require-
 ment that a vehicle or combination of vehicles  being  issued  a  permit
 shall be accompanied by one or more escort vehicles which is being oper-
 ated  by  an  individual having a valid escort certificate issued by the
 commissioner.  The  commissioner  of  transportation  is  authorized  to
 promulgate rules and regulations governing the operation, use and equip-
 ment of escort vehicles and the duties and responsibilities of the oper-
 ator  of an escort vehicle. Any finding by the commissioner of transpor-
 tation that an individual has violated such rules and regulations  shall
 be  grounds  for  the cancellation of an individual's escort certificate
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08236-03-7

 S. 2904--A                          2
 
 and a penalty not to exceed five hundred dollars per occurrence for  the
 first  violation  and  not to exceed one thousand dollars per occurrence
 for each subsequent violation. Prior to  issuing  such  a  finding,  the
 commissioner of transportation shall afford an individual the right to a
 hearing pursuant to section one hundred forty-five of the transportation
 law. Such rules and regulations shall take into consideration, but shall
 not be limited to, the safety of the traveling public and the protection
 of  the  highways and the environment.  Such rules and regulations shall
 also contain a schedule of fees to be charged for the issuance  of  such
 permits  which  fees shall cover, but shall not be limited to, the costs
 to the department of transportation for the administration of the permit
 program, and shall permit the commissioner of transportation to  levy  a
 surcharge  of  up to twenty dollars for the issuance and distribution of
 special hauling permits at regional offices of the department of  trans-
 portation.  The  annual  vehicle  fee  for  a  permit issued pursuant to
 subparagraphs (i), (ii), (ii-a) and  (iii)  of  paragraph  (f)  of  this
 subdivision  shall be three hundred sixty dollars for vehicles with less
 than five axles, seven hundred fifty dollars for vehicles with  five  or
 six  axles  and  nine  hundred  dollars  for vehicles with seven or more
 axles. The annual vehicle fee for a permit issued pursuant  to  subpara-
 graphs (iv), (v), and (vi) of paragraph (f) of this subdivision shall be
 four  hundred  eighty dollars for vehicles with less than five axles and
 one thousand dollars for vehicles with five or more axles. Additionally,
 the commissioner shall establish a fee schedule for  the  permitting  of
 extra  non-power  combination  units  that  may  not  exceed twenty-five
 dollars per vehicle and may offer discounts for multi-trailer  registra-
 tions. Such fees shall not be charged to municipalities in this state. A
 PERMIT  ISSUED  BY  THE  COMMISSIONER TO A MUNICIPALITY PURSUANT TO THIS
 SUBDIVISION, THAT WOULD OTHERWISE BE ANNUAL, SHALL NOT EXPIRE UNTIL SUCH
 MUNICIPALITY REMOVES SUCH PERMITTED VEHICLE  FROM  OPERATION;  PROVIDED,
 HOWEVER,  THAT  ANY AMENDMENT TO SUCH PERMIT SHALL REMAIN SUBJECT TO THE
 COMMISSIONER'S APPROVAL AND NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE
 DEEMED TO ALTER THE AUTHORITY OF THE COMMISSIONER  TO  REVOKE  ANY  SUCH
 PERMIT AS AUTHORIZED BY THIS CHAPTER. If the permit has routing require-
 ments,  such  rules  and  regulations  shall provide that if the routing
 anticipates the use of  highways  not  under  the  jurisdiction  of  the
 commissioner  of transportation, then he or she shall immediately notify
 the municipality or municipalities, having jurisdiction over such  high-
 way  that  an  application  for  a  permit has been received and request
 comment thereon.   Said municipality or municipalities  shall  not  have
 less than fifteen days to comment. Such rules and regulations shall also
 contain  any  other requirements deemed necessary by the commissioner of
 transportation.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.

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