§ 14-F — Transportation of hazardous materials

New York § 14-F

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 2: Powers, Duties and Jurisdiction of the Department of Transportation

Text

§ 14-f. Transportation of hazardous materials. 1. The commissioner of\ntransportation is hereby authorized to promote safety in the\ntransportation of hazardous materials by all modes of transportation,\nand in connection therewith shall:\n (a) Have the power to make rules and regulations governing\ntransportation of hazardous materials, which shall mean a substance or\nmaterial in a quantity and form which may pose an unreasonable risk to\nhealth and safety or property when transported in commerce, by all modes\nas defined by the rules and regulations of the department.\n Such rules and regulations shall be no less protective of public\nsafety than the rules and regulations promulgated by the federal\ngovernment with respect to the transportation of hazardous materials.\nThe regulations shall set forth the criteria for identifying and\nlisting, and a list of hazardous materials subject to this section as\nmay be amended by the commissioner of transportation from time to time\nin a manner consistent with the state administrative procedure act and\nconsistent with those substances and materials designated by the United\nStates secretary of transportation as hazardous under section 5103 of\ntitle 49 of the United States code as amended from time to time,\nincluding those designated as hazardous in the hazardous materials table\nset forth in section 172.101 and materials that meet the defining\ncriteria for hazard classes and divisions in part 173 of subchapter C of\ntitle 49 of the code of federal regulations as amended from time to\ntime. Such regulations shall include specifications for marking and\nplacarding of vehicles transporting hazardous materials as will be\napplied pursuant to paragraph (a) of subdivision three of this section.\nThe regulations promulgated hereunder shall include notice that a\nviolation of the rules and regulations is subject to a fine or a period\nof imprisonment, and the rules and regulations shall set forth the\npenalty provisions contained in subdivision four of this section.\nProvided, however, that all local laws or ordinances, except those of\ncities having a population of one million or more, regulating the\ntransportation of flammable liquids in trucks, trailers or\nsemi-trailers, are hereby superseded and without force and hereafter no\nsuch local law or ordinance shall be adopted to regulate or control the\nequipment or means of transporting flammable liquids in trucks, trailers\nor semi-trailers.\n For the purposes of this section, a "vehicle" shall mean every device\nin which property may be transported upon a highway, stationary rails or\ntracks, or on the navigable waterways of the state.\n (b) Have power to enforce said rules and regulations through the use\nof department staff or others pursuant to cooperative agreement.\n (c) Have power and is hereby authorized to enter into cooperative\nagreements with agencies of this and other states and of the federal\ngovernment in relation to enforcement of said rules and regulations.\n (d) Consult with and receive the full cooperation from the\ncommissioner of environmental conservation and other agencies in order\nto aid the commissioner of transportation in establishing an information\nsystem capable of identifying the amount and type of hazardous materials\ntransported in New York, and the methods used for transporting such\nmaterials. This system shall be established and maintained in order to\nassess the volume and potential danger of hazardous materials\ntransported in commerce, by all modes.\n (e) Establish and publicize, after consultation with the commissioner\nof environmental conservation, a public education program to provide\npublications and technical assistance regarding the regulations\ngoverning the transportation of hazardous materials.\n (f) Develop a training program for the state police and environmental\nconservation officers in order to aid such officers in the enforcement\nof the rules and regulations made pursuant to this section.\n 2. It shall be unlawful for any person, corporation, company,\nassociation, partnership or any officer or agent thereof to transport or\ncause to be transported hazardous materials in violation of the rules\nand regulations promulgated by the commissioner pursuant to this\nsection.\n 3. (a) It shall be unlawful for any person, corporation, company,\nassociation, partnership or any officer or agent thereof to operate or\ncause to be operated in this state a vehicle transporting hazardous\nmaterials unless the vehicle is conspicuously marked or placarded to\nidentify the material transported or its principal hazard in a manner\nspecified in rules and regulations promulgated by the commissioner that\nare consistent with related federal requirements; provided that the\ncommissioner may, by rules and regulations prescribe with respect to any\nspecific hazardous materials the minimum quantities below which no\nplacard shall be required.\n (b) It shall be unlawful for any person, corporation, company,\nassociation, partnership or any officer or agent thereof to operate or\ncause to be operated in this state a vehicle transporting those\nhazardous wastes identified and listed pursuant to section 27-0903 of\nthe environmental conservation law or those regulated wastes listed and\ndefined pursuant to section 27-0303 of the environmental conservation\nlaw unless such person complies with the requirements applicable to the\ntransport of such wastes as set forth in article twenty-seven of the\nenvironmental conservation law and any rules and regulations promulgated\nthereunder.\n 4. (a) Except as provided in paragraph (b) of this subdivision, any\nperson, corporation, company, association or partnership found guilty of\nviolating any such rule or regulation shall be guilty of a traffic\ninfraction, and all of the provisions of the vehicle and traffic law,\nexcept as otherwise specifically provided herein, shall be applicable\nthereto, and shall be subject to a fine of not less than three hundred\nfifty dollars nor more than one thousand dollars for the first offense,\nand upon being found guilty of a second or subsequent offense committed\nwithin eighteen months by a fine of not less than one thousand dollars\nnor more than two thousand five hundred dollars, or by imprisonment for\nnot more than ninety days or by both such fine and imprisonment. Except\nas otherwise provided by law, such a violation shall not be a crime and\nthe penalty or punishment imposed therefor shall not be deemed for any\npurpose a criminal penalty or punishment and shall not impose any\ndisability upon or affect or impair the credibility as a witness, or\notherwise, of a person found guilty thereof; provided, however, that any\nperson transporting hazardous waste in violation of article twenty-seven\nof the environmental conservation law shall be subject to the penalties\nprovided in article seventy-one of such law.\n (b) Any person, corporation, company, association or partnership found\nguilty of violating any such rules or regulations involving an\nout-of-service defect relating to brake systems, steering components\nand/or coupling devices shall be subject to a fine of not less than five\nhundred dollars nor more than one thousand five hundred dollars, or by\nimprisonment for not more than sixty days or by both such fine and\nimprisonment, and upon being found guilty of a second or subsequent\noffense committed within eighteen months by a fine of not less than one\nthousand five hundred dollars nor more than two thousand five hundred\ndollars, or by imprisonment for not more than ninety days or by both\nsuch fine and imprisonment.\n (c) Operation of an out-of-service vehicle shall constitute a\nmisdemeanor and shall be punished by a fine of not less than two\nthousand five hundred dollars nor more than five thousand dollars, or by\nimprisonment for not more than one year or by both such fine and\nimprisonment. A conviction for a second or subsequent offense committed\nwithin eighteen months shall constitute a class E felony and shall be\npunished by a fine of not less than three thousand five hundred dollars\nor by a period of imprisonment as provided in the penal law, or by both\nsuch fine and imprisonment.\n (d) If any person does not appear in response to an appearance ticket\nor the court's direction, or pay any fine imposed, the commissioner of\nmotor vehicles shall have the power to suspend the registration or\nprivilege of operation of any such vehicle operated or alleged to have\nbeen operated in violation of such rules and regulations.\n (e) (i) Any complaint issued for an equipment violation, except for a\nviolation involving an out-of-service defect or except for a violation\ninvolving the operation of any motor vehicle after it has been placed\nout of service, shall be dismissed by the court before such summons is\nreturnable if the violation as set forth in the summons is corrected not\nlater than one-half hour after sunset on the first full business day\nafter the issuance of the summons and proof of such correction as set\nforth in subparagraph (ii) of this paragraph is submitted to the court.\nFor the purposes of this subparagraph, "business day" shall mean any\ncalendar day except Sunday, or the following business holidays: New\nYear's Day, Washington's Birthday, Memorial Day, Independence Day, Labor\nDay, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.\n (ii) Acceptable proof of repair or adjustment shall consist of\nsubmission to the court on or before the return date of the summons of\n(A) a statement of correction from an officially designated state\ninspection station duly executed by the person performing or making such\ninspection and bearing the official stamp of the state inspection\nstation, (B) a statement of correction from an automobile repair shop on\nthe letterhead of such repair shop duly executed by the person who made\nthe correction or (C) a signed statement of any police officer or a\ndepartment inspector that the necessary corrections have been made. The\nstatement required by this subparagraph shall be directed to the court\nhaving jurisdiction of the alleged violation, shall be affirmed as true\nunder penalty of perjury, and shall include the name, occupation and\nposition of the person making the statement, the time and date that the\nrepairs or inspection were made and a statement that the defective\nequipment, cited in the violation, on the vehicle in question, is in\nproper working order.\n 5. With respect to the transportation of radioactive materials,\nnothing in this section shall be construed to abrogate or effect the\nprovisions of any federal or state statute or local ordinance,\nregulation or resolution which are more restrictive than or which\nsupersede the provisions of this section.\n 6. Any police officer having lawfully stopped any vehicle which he has\nreason to believe is transporting hazardous materials or hazardous waste\nmay require that such vehicle shall be driven to a place designated by\nsuch police officer to be inspected pursuant to the provisions of this\nsection and the rules and regulations of the commissioner concerning\ntransportation of hazardous materials or pursuant to title nine of\narticle twenty-seven of the environmental conservation law. Provided,\nhowever, that such place designated by such police officer shall not\nexceed a distance of five miles from the place at which such vehicle was\nstopped. Furthermore, that when such place designated by such officer or\nany other place utilized for inspection of vehicles pursuant to this\nsection is a roadside rest area, such rest area shall be kept open for\nthe use of the public to the extent practicable.\n