[Amended 4-3-2012 by L.L. No. 1-2012]
No person shall operate or move or cause or
knowingly permit to be operated or moved on any highway or bridge
thereon, within the City limits, any vehicle or combination of vehicles
of a size or weight exceeding the limitations provided for in this
section.
A.
Vehicles widths.
(1)
The width of a vehicle, inclusive of load, shall be
not more than 96 inches, plus safety devices, except that the maximum
width of a vehicle, inclusive of load, shall be 102 inches, plus safety
devices, on any qualifying or access highway. The maximum width of
a vehicle, inclusive of load, shall not be more than 102 inches, plus
safety devices, on any other highway with traffic lanes designed to
be a width of 10 feet or more.
(2)
The provisions of Subsection A(1) of this section shall not apply to vehicles and implements or combinations thereof, not over 13 feet in width and used solely for farm purposes, during the period from sunrise to sunset, provided that at least two red flags not smaller than 24 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such a manner as to be clearly visible from the front and rear for a distance of at least 500 feet. However, no such vehicles, implements or combinations thereof shall be operated on any highway after 10:00 a.m. on any Saturday, Sunday or legal holiday, except for trips of two miles or less, nor upon any highway at any time on which operation is prohibited by order of the Amsterdam Police Department.
(3)
The provisions of Subsection A(1) of this section shall not apply to vehicles and implements or combinations thereof not over 13 feet in width and designed and intended for use solely for farm purposes when owned or in the possession of a dealer in farm implements and equipment, including transportation of such vehicles, implements and combinations thereof as a load on another vehicle, such vehicle and load not to exceed 13 feet in width, during the same period and under the same conditions and restrictions as set forth in Subsection A(2) of this section.
(4)
The provisions of Subsection A(1) of this section shall not apply to omnibuses or buses used solely for the transportation of children to and from school, but the width of such omnibuses shall not exceed 98 inches.
(5)
Notwithstanding the provisions of Subsection A(1) of this section, the maximum width for omnibuses or buses having a carrying capacity of more than seven passengers shall not exceed 102 inches.
(6)
Notwithstanding the provisions of Subsection A(1) of this section, racks for carrying hay, straw or unthreshed grain may have a width of 10 feet at the top of the rack. In no case shall the width at the base of the rack exceed 102 inches, nor shall the width of a rack exceed 102 inches at any portion thereof while on any qualifying highway or access highway.
B.
The height of a vehicle from underside of tire to
top of vehicle, inclusive of load, shall be not more than 13 1/2 feet.
Any damage to highways, bridges or highway structures resulting from
the use of a vehicle exceeding 13 feet in height where such excess
height is the proximate cause of the accident shall be compensated
for by the owner and operator of such vehicle.
C.
Vehicle length.
(1)
The length of a single vehicle, inclusive of load
and bumpers, shall be not more than 40 feet unless otherwise provided
in this subsection.
(2)
The length of a semitrailer or trailer shall not exceed
48 feet; provided, however, that the length of any trailer of any
trailer or semitrailer being operated in combination with another
trailer or semitrailer shall not exceed 28 1/2 feet.
(3)
The length of buses having a carrying capacity of
more than seven passengers shall not exceed 40 feet, except that the
length of articulated buses shall not exceed 62 feet.
(4)
The provisions of this subsection shall not apply
to fire vehicles.
D.
Length of combination vehicles.
(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 D(1) of this section shall not apply to:
(a)
A combination of vehicles being operated on
any qualifying highway or access highway.
(b)
Vehicles of a corporation which is subject to
the jurisdiction of the Interstate Commerce Commission, the Public
Service Commission or other regulatory body and which are used in
the construction, reconstruction, repair or maintenance of its property
or facilities, provided that any such vehicle complies with the safety
requirements of the laws and regulations of the United States and
of this state pertaining to over-length vehicles.
(c)
Vehicles hauling poles, girders, columns or
other similar objects of great length, provided that any such vehicle
complies with the safety requirements of the laws and regulations
of the United States and of this state pertaining to such over-length
vehicles.
(d)
Fire vehicles.
(e)
A vehicle or combination of vehicles which is
disabled and unable to proceed under its own power and is being towed
for a distance not in excess of 10 miles for the purpose of repairs
or removal from the highway.
(f)
Stinger-steered automobile transporters, while
operating on qualifying and access highways. Such vehicles shall not,
however, exceed 65 feet exclusive of an overhang of not more than
three feet on the front and four feet on the rear of the vehicle.
E.
In determining the number of wheels and axles on any
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 tire width.
F.
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 be not more than 800 pounds.
G.
The weight on any one wheel of a single vehicle or
a combination of vehicles, equipped with pneumatic tires, when loaded,
shall be not more than 11,200 pounds.
H.
The weight on any one axle of a single vehicle or
a combination of vehicles, equipped with pneumatic tires, when loaded,
shall be not more than 22,400 pounds.
I.
The weight on any two consecutive axles of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, and when such axles are spaced less than eight feet from center to center, shall be not more than 36,000 pounds, except where axles are spaced eight feet or greater, but less than 10 feet, the weight on those two axles shall not exceed that permitted by Subsection J(2) of this section and, in addition, shall not exceed 40,000 pounds. Axles are to be counted as provided in Subsection E of this section.
J.
A single vehicle or a 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 axle to the center of the rearmost axle. Axles are to be counted as provided in Subsection E 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 weight 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, plus 1,000 pounds for each foot and major fraction of a foot
of the distance from the center of the foremost axle to the center
of the rearmost axle; or
(2)
The overall gross weight on a group of two or more
consecutive axles shall not exceed the weight produced by application
of the following formula:
|
W = 500 [(L x N)(N - 1) + (12 x N) + 36]
|
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Where:
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|
W
|
=
|
Overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds.
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|
L
|
=
|
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
|
=
|
Number of axles in group under consideration,
except that two consecutive sets of tandem axles may carry a gross
load of 34,000 pounds, each providing 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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J.1.
Idle reduction device.
(1)
Notwithstanding the provisions of Subsections G, H, I, J, K and L of this section, the "calculation of weight pursuant to such subsections shall exclude the actual weight, not to exceed 400 pounds, of a fully functioning idle-reduction device installed on a vehicle or combination of vehicles that are subject to such subsections, provided that the operator of such vehicle maintains written certification of the actual weight of such device and acceptable proof that it is fully functional; and provides such certification and proof, upon request, to a law enforcement officer or any other officer or employee authorized to enforce this section. Acceptable proof of the functionality of such device shall consist of written certification from the manufacturer of such idle reduction device, physical demonstration, or any other documentation acceptable to the commissioner of transportation as may be set forth in regulations promulgated by such commissioner after consultation with the commissioner of environmental conservation.
(2)
AUXILIARY POWER UNIT
IDLE-REDUCTION DEVICE
For the purposes of this subsection, the following terms shall have
the following meanings:
An integrated system that:
An auxiliary power unit or other technology that is used
to reduce long-duration idling (as such term is defined in 42 U.S.C.
§ 16104(a)(7) as may from time to time be amended) and allows
for the main drive engine or auxiliary refrigeration engine to be
shut down.
K.
A vehicle or combination of vehicles equipped with
any solid rubber tires shall not have weights more than 80% of those
permitted in this section for pneumatic tires.
L.
Motor vehicles or vehicles drawn by motor vehicles
when equipped with metal tires shall not have weights more than 40%
of those permitted in this section for 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 tire is inflated. The width of solid rubber tires
shall be ascertained by measuring the width of the tire base channel
or between the flanges of the metal rim, provided that no vehicle
equipped with solid rubber tires shall be operated upon a public highway
in the City of Amsterdam, which has at any point less than one inch
of rubber above the top or beyond the flange or rim. The width of
metal tires shall be ascertained by measuring the width of contact
of the tire with the road surface.
N.
No person shall operate or move a vehicle or a combination
of vehicles over, on or through any bridge or structure on any highway
if the weight of such vehicle, or combination of vehicles, and load,
is greater than the posted capacity of the structure or exceeds the
height of the posted clearance as shown by an official sign.
O.
Except as provided in Subsection P of this section, the violation of the provisions of this section 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 offense, provided that a sentence or execution thereof for any violation under this subdivision may not be suspended.
P.
Penalties for offenses.
(1)
A violation of the provisions of Subsection H, I or J of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in this section, or a violation of the weight limitations specified by permit issued pursuant to Subdivision 15 of Vehicle and Traffic Law § 385, 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:
|
Percent of excess weight
(percentage)
|
Amount of fine
(dollars)
| ||
|---|---|---|---|
|
greater than
|
less than or equal to
| ||
|
0%
|
2.0%
|
$150
| |
|
2.0%
|
4.0%
|
$300
| |
|
4.0%
|
6.0%
|
$450
| |
|
6.0%
|
7.0%
|
$525
| |
|
7.0%
|
8.0%
|
$600
| |
|
8.0%
|
10.0%
|
$750
| |
|
10.0%
|
12.0%
|
$950
| |
|
12.0%
|
14.0%
|
$1,150
| |
|
14.0%
|
16.0%
|
$1,350
| |
|
16.0%
|
18.0%
|
$1,550
| |
|
18.0%
|
20.0%
|
$1,750
| |
|
20.0%
|
22.0%
|
$1,950
| |
|
22.0%
|
24.0%
|
$2,150
| |
|
24.0%
|
26.0%
|
$2,350
| |
|
26.0%
|
28.0%
|
$2,550
| |
|
28.0%
|
30.0%
|
$2,750
| |
|
30.0%
|
32.0%
|
$2,950
| |
|
32.0%
|
34.0%
|
$3,150
| |
|
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 percent
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(NOTE: Where the total weight, axle weight or
axle grouping weight is greater than 7% including any applicable enforcement
scale tolerance in excess of the limits specified by a permit, the
permit shall be deemed voided and then the amount of 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.)
|
(2)
In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection J and also of Subsection H or I or both Subsections H and I 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 Subsection P(1) of this section.
Q.
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 vehicle 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 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 the hauling vehicle.
If the registrant does not appear on the return date, a notice establishing
a new return date and either containing all pertinent information
relating to the charge which is contained on the summons or appearance
ticket or accompanied by a copy of the information or complaint shall
also be mailed by certified or registered mail by or on behalf of
the City Court before whom the appearance ticket or summons is returnable
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, to the address
of the registrant on file with the department or given to the person
issuing the appearance ticket or summons. The provisions of this subdivision
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 any 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.
R.
The City Court may impose any sentence authorized
by this chapter; provided, however, that any such sentence must include
a fine as provided in this section.
