[Adopted 9-28-1998 by L.L. No. 4-1998[1]]
A.
Except
as expressly permitted by the United States or the New York State
Department of Transportation, and except where the requirement for
local delivery will permit no alternate legal route, no person shall
operate or move or cause or knowingly permit to be operated or moved
on any public street in the Town of Clarkstown any vehicle or combination
of vehicles of a size or weight rating exceeding the limitations provided
for in this section.
B.
Width.
(1)
The
width of a vehicle, inclusive of load, shall be not more that 96 inches
plus safety devices on any town highway in the Town of Clarkstown.
(2)
The provisions of Subsection B(1) of this section shall not apply to vehicles and implements or combinations thereof between 12 feet and up to 17 feet in width used solely for farm purposes when the following requirements are met:
(a)
The vehicle and implement or combination thereof is operated during
the period from 1/2 hour before sunrise to 1/2 hour after sunset.
(b)
Red or orange fluorescent flags not smaller than 18 inches square
and reflectors are placed on the extreme corners of the load.
(c)
Two flashing amber lights in compliance with regulations prescribed
by the Commissioner of Transportation are attached to the rear of
the load or, if the vehicle hauling such implement is equipped with
hazard lights which are visible from the rear of the load, such lights
are flashing.
(d)
If the vehicle or load extends beyond the center line of a highway
or if the vehicle is being operated during any time when, due to rain,
sleet, snow, hail, fog, insufficient light or for any other reason
visibility for a distance of 1,000 feet ahead is not clear, the vehicle
is preceded by an escort vehicle which is equipped with a warning
sign and flashing lights in compliance with regulations prescribed
by the Commissioner of Transportation.
(3)
The provisions of Subsection B(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.
(4)
Notwithstanding the provisions of Subsection B(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 cases shall the width at the base of the rack exceed 102 inches, nor shall the width of a rack exceed 102 inches on any portion thereof while on any town highway.
C.
Height.
The height of a vehicle from the underside of the tire to the top
of the vehicle, inclusive of load, shall not be 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.
D.
Length.
(1)
The
length of a single vehicle, inclusive of load and bumpers, shall not
be more than 40 feet, unless otherwise provided in this subsection.
(2)
The
length of a semitrailer or trailer shall not exceed 48 feet except
as provided in this subsection; provided, however, that the length
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 45 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.
(5)
Any
semitrailer with a length not to exceed 48 feet may be operated on
any town highway, 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) of this section shall not apply to:
(a)
Vehicles of a corporation which are 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 New York State pertaining
to overlength vehicles.
(b)
Vehicles hauling poles, girders, columns or other similar objects
of excess length, provided that any such vehicle complies with the
safety requirements of the laws and regulations of the United States
and of New York State pertaining to such over-length vehicles.
(c)
Fire vehicles.
(d)
Any 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.
(e)
Stinger-steered automobile transporters, while operating on qualifying
and access highways. Such vehicles shall not, however, exceed 75 feet
exclusive of an overhang of not more than three feet on the front
and four feet on the rear of the vehicle.
(f)
State-owned and/or municipally owned vehicles engaged in snowplowing,
ice clearing or other emergency-type operations.
F.
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
tires on a wheel or combination of wheels shall be taken in determining
tire width.
G.
Subject
to the provisions of the section of this chapter 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 the section of this chapter governing maximum
vehicle gross weights, the weight on any one wheel of a single vehicle
or combination of vehicles equipped with pneumatic tires, when loaded,
shall not be more than 11,200 pounds.
I.
Subject
to the provisions of the section of this chapter 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 the section of this chapter governing maximum vehicle gross weights, 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 not be more than 36,000 pounds, except that 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 K(2) of this section and, in addition, shall not exceed 40,000 pounds. Axles are to be counted as provided in Subsection F of this section.
K.
Subject to the provisions of the section of this chapter governing maximum vehicle gross weights, 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 axles to the center of the rearmost axle. 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 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 axles to the center of the rearmost
axles.
(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 [(LxN) / (N-1) + (12xN) + 36]
| |||
|---|---|---|---|
|
Where
| |||
|
W
|
=
|
The overall gross weight on any group of two
or more consecutive axles to the nearest 500 pounds.
| |
|
L
|
=
|
The 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.
| |
|
N
|
=
|
The number of axles in the group under consideration.
| |
(a)
Exception. 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.
L.
No vehicle
shall be operated on the public streets of the Town of Clarkstown
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.
Weights
not to exceed stated limits.
[Amended 3-14-2000 by L.L. No. 4-2000; 1-23-2001 by L.L. No.
1-2001]
(1)
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.
(2)
No
person shall operate or move or cause or knowingly permit to be operated
or moved on any public street in the Town of Clarkstown any vehicle,
registered in this state, having a combined weight of vehicle and
load in excess of the maximum gross weight for such vehicle as stated
on the application for registration.
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 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 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 ticket shall be mailed
by or on behalf of the person who issued the appearance ticket or
summons 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 Department of Motor Vehicles
of said state within five days after the date of issuance of the appearance
ticket or summons, but at least 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. 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 laid before the courts 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 by
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, he 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.
Q.
Penalties
for offenses.
(1)
A violation of the provisions 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 for the first offense, by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 30 days or by both such fine and imprisonment for the second or subsequent offense, plus, in both cases, the fine provided in Subsection Q(2) of this section.
(2)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in any of these sections, or the weight limitations specified by a permit issued by the United States or 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, in addition to the fines as prescribed in Subsection Q(1) of this section:
|
Excess Total Weight*
(pounds)
| |||
|---|---|---|---|
|
Greater Than
|
Less Than or Equal to
|
Fine
| |
|
0
|
2,000
|
$50
| |
|
2,000
|
3,000
|
$75
| |
|
3,000
|
4,000
|
$100
| |
|
4,000
|
5,000
|
$200
| |
|
5,000
|
6,000
|
$300
| |
|
6,000
|
7,000
|
$400
| |
|
7,000
|
8,000
|
$500
| |
|
8,000
|
9,000
|
$600
| |
|
9,000
|
10,000
|
$700
| |
|
10,000
|
15,000
|
$1,200
| |
|
15,000
|
20,000
|
$1,700
| |
|
20,000
|
25,000
|
$2,200
| |
|
25,000
|
30,000
|
$2,700
| |
|
Greater than 30,000
|
$2,700 plus
|
.06/pound**
| |
|
NOTES:
| |
|---|---|
|
*Where the excess total weight is greater than
the limits specified by a United States or a New York State Department
of Transportation excess weight permit, the permit shall, for the
purpose of computing the fine, be deemed void, and 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.
| |
|
**The $0.06 per pound in addition to the $2,700
is for each pound greater than 30,000 pounds.
|
(3)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations specified by a permit issued by the United States or 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 lessee, in accordance with the following schedule in addition to the fines as prescribed in Subsection Q(1) of this section:
|
Excess Total Weight*
(pounds)
| |||
|---|---|---|---|
|
Greater Than
|
Less Than or Equal to
|
Fine
| |
|
0%
|
5%
|
$100
| |
|
5%
|
10%
|
$200
| |
|
10%
|
15%
|
$350
| |
|
15%
|
20%
|
$600
| |
|
20%
|
25%
|
$1,000
| |
|
25%
|
30%
|
$1,600
| |
|
30%
|
$2,450
| ||
|
NOTE:
| |
|---|---|
|
*Where the excess axle or axles weight is greater
than the limits specified by permit issued by the United States or
New York State Department of Transportation, the permit shall, for
the purpose of computing the fine, be deemed void, and 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.
|
(4)
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 of Subsections I and J or 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.
(5)
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.
(6)
All
fines collected as a result of the above schedules shall remain the
property of the Town of Clarkstown.
