[Adopted 3-2-2010 by L.L. No. 2-2010]
A.
Except as expressly permitted by federal law, the New York State
Vehicle and Traffic Law, the regulations of the New York State Department
of Transportation or by special permit granted by the Mayor, no person
shall operate or move or cause or knowingly permit to be operated
or moved on any public road, street or highway (hereinafter collectively
referred to as "road") in the Village of Rockville Centre any vehicle
or combination of vehicles exceeding the weight of 80,000 pounds gross
vehicular weight (GVW) where posted with official traffic regulation
signs. This restriction shall not apply where the requirement for
local delivery will permit no alternative route.
B.
Width. The width of a vehicle, inclusive of load, shall not be more
than 96 inches, plus safety devices, on any Village road.
C.
Height.
(1)
The height of a vehicle from the underside of a tire to the
top of the vehicle, inclusive of load, shall be no more than 13 1/2
feet.
(2)
Any damages to highways, overpasses or highway structures resulting
from the use of a vehicle exceeding 13 1/2 feet in height where
such excess height is the proximate cause of the damage shall be compensated
for by the owner and operator of such vehicle.
D.
Length.
(1)
The length of a single vehicle, inclusive of a load and bumpers,
shall not be more than 40 feet unless otherwise provided in this section.
(2)
The length of a semitrailer or trailer shall not exceed 48 feet,
except as provided in this section; provided, however, that the length
of any trailer or semitrailer being operated in combination with another
trailer or semitrailer shall not exceed 28 feet.
(3)
The length of a bus having a carrying capacity of more than
seven passengers shall not exceed 45 feet, except that the length
of an articulated bus shall not exceed 62 feet.
(4)
The provisions of this section shall not apply to fire or other
emergency vehicles.
(5)
Any semitrailer with a length not to exceed 48 feet may be operated
on any Village road, provided that the total length of a combination
of vehicles, including such a semitrailer, does not exceed 60 feet.
E.
Additional restrictions on length; exceptions.
(1)
The total length of a combination of vehicles, inclusive of
load and bumpers, shall not be more than 65 feet.
(2)
The provisions of Subsection E(1) shall not apply to:
(a)
Vehicles of a corporation which is subject to the jurisdiction
of the Interstate Commerce Commission, the Public Service Commission
or other regulatory body, which are used in the construction, reconstruction,
repair or maintenance of its property or facilities, provided that
the length of such vehicles are regulated by and comply with the safety
requirements of the applicable federal or New York State laws and
regulations.
(b)
Vehicles hauling poles, girders, columns or other similar objects
of excess length, provided such vehicles comply with the safety requirements
of applicable federal or New York State Law and regulations.
(c)
Fire or other emergency vehicles.
(d)
State and/or municipally owned vehicles engaged in snow plowing,
ice clearing or other emergency-type operations.
F.
In determining the number of wheels and axles in the vehicle or combination
of vehicles within the meaning of this section, only two wheels shall
be counted for each axle, and axles which are less than 46 inches
apart from center to center shall be counted as one axle. However,
in the case of multiple tires or multiple wheels, the sum of the widths
of all the tires on a wheel or combination of wheels shall be taken
in determining the width.
G.
Subject to the provisions of this section governing maximum vehicle
gross weights, the weight, per inch width of tire, on any one wheel
of a single vehicle or a combination of vehicles equipped with pneumatic
tires, when loaded, shall not be more than 800 pounds.
H.
Subject to the provisions of this section governing maximum vehicle
gross weights, the weight on any one wheel of a single vehicle with
pneumatic tires, when loaded, shall not be more than 11,200 pounds.
I.
Subject to the provisions of this section governing maximum vehicle
gross weights, the weight on any one axle of a single vehicle equipped
with pneumatic tires, when loaded, shall not be more than 22,400 pounds.
J.
Subject to the provisions of this section governing maximum vehicle gross weights, the weight of any two consecutive axles of a single vehicle or a combination of a vehicle equipped with pneumatic tires, when loaded, and when axles are spaced less than eight feet from center to center shall not be more than 36,000 pounds, except that, where axles are spaced eight feet apart or greater, but less than 10 feet, the weight on those two axles shall not exceed that permitted by Subsection K(2) of this section and, in addition, shall not exceed 40,000 pounds. Axles shall be counted as provided in Subsection F of this section.
K.
Subject to the provisions of this section governing maximum vehicle gross weights, a single vehicle, or combination of vehicles having three axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axles to the center or the rearmost axles. Axles are to be counted as provided in Subsection F of this section. In no case, however, shall the total weight exceed 80,000 pounds. For any vehicle or combination of vehicles having a total gross vehicle weight of less than 71,000 pounds, the higher of the following shall apply:
(1)
The total weight on all axles shall not exceed 34,000 pounds
for each foot and major fraction of a foot of the distance from the
center of the foremost axles to the center of the rearmost axles;
or
(2)
The overall weight on a group of two or more consecutive axles
shall not exceed the weight produced by application of the following
formula:
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W =
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500 (LxN) / (N-1) + (12xN) + (36)
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Where:
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W =
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overall gross weight on any group of two or more consecutive
axles, to the nearest 500 pounds.
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L =
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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.
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N =
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the number of axles in the group under consideration, except
that the two consecutive sets of tandem axles may carry a gross load
not to exceed 34,000 pounds, provided that the overall distance between
the first and last axles of such consecutive sets of tandem axles
is 36 feet or more.
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For any vehicle or combination of vehicles having a total gross weight of 71,000 pounds or greater, this Subsection K(2) shall apply to determine maximum gross weight which is permitted hereunder, subject to the provisions of this section governing maximum gross weights.
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L.
No vehicle shall be operated on the public streets of the Village
of Rockville Centre other than on pneumatic tires.
M.
For the purpose of this section, the width of pneumatic tires shall
be ascertained by measuring the greatest width of the tire casing
when the tire is inflated.
N.
No person shall operate nor shall any owner permit the operation
or movement of a vehicle or any combination of vehicles over, or through,
any road if the weight of such vehicle, or combination of vehicle
and load, is greater than the posted weight or exceeds the height
of the posted clearance as shown on an official sign.
O.
If a vehicle or combination of vehicles is operated in violation
of this section, an appearance ticket or summons may be issued to
the registrant of the vehicle or, if a combination of vehicles, to
the registrant of the hauling vehicles, rather than the operator.
In the event that the vehicle is operated by a person other than the
registrant, any appearance ticket or summons issued to the registrant
shall be served upon the operator, who shall be deemed the agent of
the registrant only for the purpose of receiving such appearance ticket
or summons. In addition, a notice containing all pertinent information
relating to the charge which is contained on the summons or appearance
tickets shall be mailed by or on behalf of the person who issued the
appearance ticket or summons to the registrant of said vehicle or
trailer on file with the Department of Motor Vehicles of said state
no less than five days before the return date specified on the appearance
ticket or summons. Proof of mailing to the registrant under this section
shall be filed with the court in which the appearance ticket or summons
is returnable on or before the return date. A failure of a corporate
registrant to appear or answer upon arraignment or trial shall constitute
a default which shall result in the entry of a civil judgment in an
amount corresponding to the amount of fine for a violation of this
section. The provisions of this subsection shall not apply to owner-operators
of any motor vehicle or to any motor vehicle or trailer which is registered
in the name of a person whose principal business is the lease or rental
of motor vehicles or trailers, unless the motor vehicle or trailer
is being operated by an employee of the registrant or for a community
of interest other than the lease or rental agreement between the parties
to the lease or rental agreement.
P.
In any case wherein the charge before the court alleges a violation
of this section, any plea of guilty thereafter entered in satisfaction
of such charge must include at least a plea of guilty to a violation
of one of the subsections of this section. No other disposition of
plea of guilty to any other charge in satisfaction of such shall be
authorized; provided, however, that if the prosecuting attorney, upon
reviewing the available evidence, determines that the charge of a
violation of this section is not warranted, the prosecuting attorney
may consent, and the court may allow, a disposition by plea of guilty
to that or another charge in satisfaction of such charge; provided,
however, that the court must impose at least the minimum fine, as
authorized in this section, for the offense.
A.
Each violation of the provisions of this article shall be punishable by a fine of not less than $200 nor more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for the first offense; by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment, for the second or subsequent violation of this article committed within a period of 60 days after the previous such violation, plus, in both cases, the fine provided in Subsection B of this section.
B.
Each violation of the provisions of this article with respect to any vehicle or combination of vehicles whose weight exceeds the weight limitations set forth in any of these sections or the weight limitations specified by a permit issued by the United States Department of Transportation or the New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee, in accordance with the following schedule, which shall be in addition to the penalties provided in Subsection A of this section:
[Amended 4-11-2011 by L.L. No. 7-2011]
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Fines For Excess Total Weight
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|---|---|---|---|
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Percent of Excess Weight
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Greater than
|
Less Than or Equal To
|
Amount of Fine
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0.0%
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2.0%
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$250
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|
2.0%
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4.0%
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$300
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|
4.0%
|
6.0%
|
$450
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|
6.0%
|
7.0%
|
$525
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|
7.0%
|
8.0%
|
$600
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|
8.0%
|
10.0%
|
$750
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|
10.0%
|
12.0%
|
$950
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|
12.0%
|
14.0%
|
$1,150
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|
14.0%
|
16.0%
|
$1,350
| |
|
16.0%
|
18.0%
|
$1,550
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|
18.0%
|
20.0%
|
$1,750
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|
20.0%
|
22.0%
|
$1,950
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|
22.0%
|
24.0%
|
$2,150
| |
|
24.0%
|
26.0%
|
$2,350
| |
|
26.0%
|
28.0%
|
$2,550
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|
28.0%
|
30.0%
|
$2,750
| |
|
30.0%
|
32.0%
|
$2,950
| |
|
32.0%
|
34.0%
|
$3,150
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|
34.0%
|
36.0%
|
$3,350
| |
|
36.0%
|
38.0%
|
$3,550
| |
|
38.0%
|
40.0%
|
$3,750
| |
|
40.0% or greater
|
$3,750 plus $125 for each percent over 40%
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NOTES:
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|---|---|---|
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1.
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Where the total weight or axle weight or axles grouping weight
is greater than 7%, including enforcement scale tolerance in excess
of the limits specified by a United States or New York State Department
of Transportation excess weight permit, the permit shall, for the
purposes of computing the fine, be deemed void, and the amount of
the fine shall be determined in accordance with the maximum weight
which would have been in effect for the operation of such vehicle
if the permit to exceed such maximum weight had not been issued.
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|
2.
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In connection with the weighing of a vehicle or combination
of vehicles, if it is found that there is a violation of Subsection
K and also Subsection I or Subsection J, or a violation of both Subsections
I and J, of this section, there shall be a single fine imposed, and
the maximum amount of such fine shall not exceed the highest fine
that could be imposed under this section.
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|
3.
|
The court may impose any sentence authorized by this section;
provided, however, that any such sentence must include a fine as provided
in this section.
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|
4.
|
All fines collected as a result of the above schedule shall
remain the property of the Village of Rockville Centre.
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C.
Service of summons. If a vehicle or combination of vehicles is operated
in violation of this article, an appearance ticket or summons may
be issued to the registrant of the vehicle, or in the case of a combination
of vehicles, to the registrant of the hauling vehicle, rather than
the operator. In the event the vehicle is operated by a person other
than the registrant, any appearance ticket or summons issued to the
registrant shall be served upon the operator, who shall be deemed
the agent of the registrant for the purpose of receiving such appearance
ticket or summons. Such operator-agent shall transmit such ticket
or summons to the registrant of the vehicle or hauling vehicle. If
the registrant does not appear on the return date, a notice establishing
a new return date accompanied by a copy of the summons or appearance
ticket shall also be mailed by certified mail by the court to the
registrant at the address given on the registration certificate for
the vehicle or, if no registration certificate is produced at the
time the appearance ticket or summons is issued, the address of the
registrant on file with the Department of Motor Vehicles or given
to the police officer issuing the appearance ticket or summons. Whenever
proceedings in court result in a conviction for a violation of this
section, and the court has made the mailing specified herein, the
court shall levy a mandatory surcharge, in addition to any sentence
permitted by law, in the amount of $30. This mandatory surcharge shall
be paid to the Clerk of the Court. The provisions of this subsection
shall not apply to owner-operators of any motor vehicle which is registered
in the name of a person whose principal business is the lease or rental
of motor vehicles or trailers unless the motor vehicle or trailer
is being operated by an employee of the registrant.
A.
No person shall operate, cause or knowingly permit or move any motor
vehicle on any road in the Village of Rockville Centre in violation
of Federal Motor Carrier Safety Regulations Parts 393 through 397,
inclusive.
B.
Penalties for offenses. A violation of this section shall be punishable
by a fine not less than $200 nor more than $500 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
In the event the violation of this section is one which requires,
pursuant to applicable regulations, that the motor vehicle be taken
out of service, then the fine shall be not less than $500 nor more
than $1,000 or imprisonment of not more than 15 days, or both such
fine and imprisonment.
C.
The court may impose any sentence authorized by this section; provided,
however, that any such sentence must include a fine as provided in
this section.
D.
All fines collected as a result of the above sections shall remain
the property of the Village of Rockville Centre.
