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 Village
of Massena any vehicle or combination of vehicles of a size or weight
exceeding the limitations provided for in this section.
A. Width.
(1)
The width of a vehicle, inclusive of load, shall
not be more than 96 inches plus safety devices, on any Village highway
in the Village of Massena.
(2)
The provisions of Subsection
A(1) shall not apply to vehicles and implements or combinations thereof, not over 13 feet in width, used solely for farm purposes, during the period from sunrise to sunset, provided 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 at 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, expect for a trip of two miles or less.
(3)
The provisions of Subsection
A(1) 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
A(1), racks for carrying hay, straw or unthreshed grain may have a width of 10 feet at 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 Village highway.
B. The height of a vehicle from the 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. 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 in excess of 48
feet but not exceeding 53 feet may be operated on any qualifying highway
or specifically designated access highway, if the distance between
the kingpin of the semitrailer and the center line of the rear axle
or rear axle group does not exceed 41 feet and if the semitrailer
is equipped with a rear-end protective device of substantial construction
consisting of a continuous lateral beam extending to within four inches
of the lateral extremities of the semitrailer and located not more
than 22 inches from the surface as measured with the vehicle empty
and on a level surface.
D. Total length.
(1)
The total length of a combination of vehicles,
inclusive of load and bumpers, shall not be more than 65 feet unless
otherwise provided in this subsection.
(2)
The provisions of Subsection
D(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 and which are used in
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 over-length 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.
(d)
Any vehicles 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 or 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.
(3)
Notwithstanding the provisions of Subsection
D(1), a bumper overhang of not more than three feet on the front and four feet on the rear of the combination of the vehicle used to transport other motor vehicles shall be permitted.
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 sums of the widths of all the tires on a wheel or combination
of wheel shall be taken in determining tire width.
F. Subject to the provisions of this § 280-34B
governing maximum vehicle gross weights:
(1)
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.
(2)
The weight on any wheel of a single vehicle
or combination of vehicles, equipped with pneumatic tires, when loaded,
shall not be more than 11,200 pounds.
(3)
The weight of any one axle of a single vehicle
equipped with pneumatic tires, when loaded, shall be not more than
22,400 pounds.
(4)
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
G(2) and, in addition, shall not exceed 40,000 pounds; axles to be counted as provided in Subsection
E of this section.
(5)
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 for each foot and major fractions of a foot of the distance
from the center of the foremost axles to the center of the rearmost
axle.
G. 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 vehicles 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 following the weight
produced by application of the following formula:
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W = 500 [(LXN)/(N-1)+(12XN)+36]
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where "W" equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, "L" equals 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, and "N" equals the number of axles in the group under consideration, except that 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 axle of such consecutive set of tandem axles is 36 feet or more. For any vehicle or combination of vehicles having a total gross weight of 71,000 pounds or greater, this subsection shall apply to determine maximum gross weight which is permitted hereunder, subject to the provisions of this § 280-24.1 governing maximum vehicle gross weights.
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H. No vehicle shall be operated on the public streets
of the Village of Massena other than on pneumatic tires.
I. 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.
J. 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 post clearance as shown by an official sign.
K. 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 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 the department
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 vehicles 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 vehicle or trailers unless the motor vehicle or trailer is
being operated by an employee of the registrant or for a community
interest other than the lease or rental agreement between the parties
of the lease or rental agreement.
L. In any case wherein the charge laid 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 by plea of guilty to any other charge in satisfaction
of such shall be authorized; provided, however, 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,
the court must impose at least the minimum fine as authorized in the
section for the offense.
M. Penalties for offenses.
(1)
The violation of the provisions of §§
280-24 and
280-24.1 of this chapter 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, in both cases plus the fine provided in Subdivisions B of this section.
(2)
A violation of the provisions of Subsection
F(4) and
F(5) of §
280-24.1 of this chapter by any vehicle or combination of vehicles whose weight exceeds that weight limitation as set forth in either of such sections, or the weight limitations specified by a permit issued by the U.S. 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
A of this section):
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EXCESS TOTAL WEIGHT
(POUNDS)
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Greater than
|
Less than
or Equal to
|
Amount of Fine
|
---|
|
0
|
2,000
|
$50
|
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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
|
|
30,000
|
$0.06 for each pound in excess of 30,000
|
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NOTE: Where the excess total weight is greater
than the limits specified by a U.S. or 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 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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(3)
A violation of the provisions of the Subsection
F(2) and
F(3) of §
280-24.1 of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitations specified by a permit issued by the U.S. or New York State Department of Transportation shall be punishable by fines levied on the registered owner, or his agent, or lessee, in accordance with the following schedule in addition to the fines as prescribed in the Subsection
A of this section:
|
PERCENTAGE OF EXCESS WEIGHT
(PERCENTAGE)
|
---|
|
Greater Than
|
Less than
or Equal To
|
Amount of Fines
|
---|
|
0
|
5.0
|
$100
|
|
5.0
|
10.0
|
$200
|
|
10.0
|
15.0
|
$350
|
|
15.0
|
20.0
|
$600
|
|
20.0
|
25.0
|
$1,000
|
|
25.0
|
30.0
|
$1,600
|
|
30.0
|
—
|
$2,450
|
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NOTE: Where the excess axle or axles weight
is greater than the limits specified by a permit issued by the U.S.
or New York State Department of Transportation, 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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In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection F(5) and also of Subsection F(3) and F(4), or both Subsection F(3) and F(4) 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 A of this subsection or this paragraph.
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(4)
The court may impose any sentence authorized
by this chapter; provided, however, any such sentence must include
a fine as provided in this section.