[Added 6-21-2018 by L.L.
No. 2-2018]
The Board of Trustees hereby adopts the New York State Department
of Transportation Regulations 17 NYCRR 820.0 et seq. (DOT Regulations)
and the Federal Motor Carrier Regulations (CFR) necessary for the
enforcement of the following article with respect to drivers and trucking
and commercial vehicles with the same force and effect as though herein
fully set forth at length. To the extent the DOT Regulations or CFR
are amended in the future, this article shall hereby be amended to
conform to same. No portion of this article shall be construed as
authorizing operation of any vehicle in violation of any provision
of the New York State Vehicle and Traffic Law or Transportation Law.
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 Malverne any vehicle or combination
of vehicles exceeding the weight of 84,000 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 14 feet.
(2)
Any damages to highways, overpasses or highway structures resulting
from the use of a vehicle exceeding 14 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 42 feet unless otherwise provided in this section.
(2)
The length of a semitrailer or trailer shall not exceed 50 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 29 feet.
(3)
The length of a bus having a carrying capacity of more than seven
passengers shall not exceed 47 feet, except that the length of an
articulated bus shall not exceed 65 feet.
(4)
The provisions of this section shall not apply to fire other emergency
vehicles.
(5)
Any semitrailer with a length not to exceed 50 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 63 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 68 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 840 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 11,760 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 23,520 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 37,800 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 42,000 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 35,700 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 84,000 pounds. For any vehicle or combination of vehicles having a total gross vehicle weight of less than 74,550 pounds, the higher of the following shall apply:
(1)
The total weight of all axles shall not exceed 35,000 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:
(a)
W=500 (LxN)/(N-1) + (12xN)+(36)
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Where:
W=overall gross weight on any group of two or more consecutive
axles, to the nearest 500 pounds.
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.
N=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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L.
No vehicle shall be operated on the public streets of the Village
of Malverne 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.
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.
A.
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.
B.
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.
C.
A failure of a corporate registrant to appear or answer upon arraignment
or trial shall constitute a default which may result in the entry
of a civil judgment in an amount corresponding to the amount of fine
for a violation of this article.
D.
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.
E.
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.
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 article. 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 article 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 article, for the offense.
The schedule of fines for excess total weight are hereto attached.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
If any clause, sentence, paragraph, section or part of this Article XVI be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof but shall be applied in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgment shall have been rendered.
