[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 1-10-2005
by L.L. No. 1-2005, effective 1-24-2005.
Amendments noted where applicable.]
This chapter shall be cited as the "Vehicles, Dimensions and Weights
of Law" of the Village of Mamaroneck.
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 Village of Mamaroneck any vehicle or combination of vehicles
of a size or weight exceeding the limitations provided for in this section.
B.
Vehicle width.
(1)
The width of a vehicle, inclusive of load, shall be not
more than 96 inches plus safety devices on any Village highway in the Village
of Mamaroneck.
(2)
The provisions of Subsection B(1) of this section 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 18 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such 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.
(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 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.
C.
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 1/2 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.
Vehicle 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
section.
(2)
The length of a semitrailer or trailer shall not exceed 48 feet except as provided in Subsection D(1) of 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 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 Village highway, provided that the total length of a combination
of vehicles including such a semitrailer does not exceed 55 feet.
E.
Length of combination of 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 E(1) of this section shall not apply to:
(a)
Vehicles of a corporation which is subject to the jurisdiction
of 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 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;
(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;
and
(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.
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.
G.
Subject to the provisions of § 328-2A 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 be not more than 800 pounds.
H.
Subject to the provision of § 328-2A of this chapter governing maximum vehicle gross weights, the weight on any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall be no more than 11,200 pounds.
I.
Subject to the provisions of § 328-2A 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 be not more than 22,400 pounds.
J.
Subject to the provisions of § 328-2A 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 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 K 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 § 328-2A 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 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 produced by application of the following
formula:
|
W
|
=
|
500 [(LxN)/(N-1) + (12xN) + 36]
| |
|
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 axles 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 two consecutive sets of tandem axles may carry a gross load not to exceed 34,000 pounds, providing the overall distance between the first and last axles of such consecutive sets 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, Subsection K(2) shall apply to determine maximum gross weight which is permitted hereunder, subject to the provisions of § 328-2A governing maximum vehicle gross weights.
| |
L.
No vehicle shall be operated on the public streets of
the Village of Mamaroneck 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 tire is inflated.
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.
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 he 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 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 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
this chapter for the offense.
49 C.F.R. § 391.1 through 49 C.F.R. § 392.71 are
hereby incorporated by reference in this chapter.
[Amended 8-8-2005 by L.L. No. 4-2005,
effective 8-29-2005]
49 C.F.R. § 393.1 through 49 C.F.R. § 393.209; 49
C.F.R. § 396.1 through 49 C.F.R. § 396.25; and 49 C.F.R.
§ 399.201 through 49 C.F.R. § 399.211 are hereby incorporated
by reference in this chapter.
A.
The violation of the provisions 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 Subsection A(1) of this subsection.
(1)
A violation of the provisions of Subsection K of § 328-2 of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in either of such 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 A of this section:
|
Excess Total Weight in Pounds
| |||
|---|---|---|---|
|
Greater Than
|
But Less Than or Equal to
|
Amount of Fine
| |
|
0
|
2,000
|
$50.00
| |
|
2,000
|
3,000
|
$75.00
| |
|
3,000
|
4,000
|
$100.00
| |
|
4,000
|
5,000
|
$200.00
| |
|
5,000
|
6,000
|
$300.00
| |
|
6,000
|
7,000
|
$400.00
| |
|
7,000
|
8,000
|
$500.00
| |
|
8,000
|
9,000
|
$600.00
| |
|
9,000
|
10,000
|
$700.00
| |
|
10,000
|
15,000
|
$1,200.00
| |
|
15,000
|
20,000
|
$1,700.00
| |
|
20,000
|
25,000
|
$2,200.00
| |
|
25,000
|
30,000
|
$2,700.00
| |
|
30,000
|
$0.06 for each pound in excess of 30,000
| ||
|
Note: Where the excess total weight is greater than 20,000 pounds 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 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)
A violation of the provisions of Subsections I and J of § 328-2 of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitation as set forth in such section 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 or vehicles were 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:
|
Percentage of Excess Weight
| |||
|---|---|---|---|
|
Greater Than
|
But Less Than or Equal to
|
Amount of 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 10% in excess
of the limits specified by a permit issued by the United States 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.
|
(3)
In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of § 328-2, Subsections I, J and/or K, 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 section.
B.
The court may impose any sentence authorized by this
chapter; provided, however, any such sentence must include a fine as provided
in this section.
