§ 171 — Exemptions

§ 171. Exemptions. The provisions of this article shall not apply to\nthe following types of transportation of property by motor vehicle:\n 1. The transportation of property by or for the federal, state or\nmunicipal governments.\n 2. The occasional, casual or reciprocal transportation of property for\ncompensation by any person not engaged in the transportation of property\nby motor vehicle as a regular occupation or business.\n 3. The transportation of property wholly within a municipality or\nbetween contiguous municipalities or within a commercial zone as defined\nby the commissioner except when such transportation is under a common\ncontrol, management or arrangement for a continuous carriage or shipment\nto or from a point without such municipality, municipalities or\ncommercial zone.\n 4. The transportation of fresh fish, live fowl and ordinary livestock\nexcept those used for exhibition or racing purposes.\n 5. The transportation in motor vehicles used exclusively for carrying\nfertilizers, soil conditioners, forestry products and agricultural\ncommodities other than manufactured products thereof.\n 6. The transportation of livestock and poultry feed and feed\ningredients and agricultural seeds and plants, if such products are\ntransported to a site of agricultural production or to a business\nenterprise engaged in the sale to agricultural producers of goods used\nin agricultural production.\n 7. The transportation of newspapers, magazines or periodicals.\n 8. The transportation of property in private carriage when such\ntransportation is incidental to and in furtherance of a primary business\nor farming enterprise of such person other than transportation.\n 9. The transportation of sand, gravel, dirt, debris, road materials,\nready-mixed concrete and similar commodities when transported in dump\ntrucks and when unloaded by being dumped.\n 10. The transportation of wrecked or disabled vehicles by the tow-away\nmethod.\n 11. The transportation by motor vehicles controlled and operated by a\ncooperative corporation as defined in the cooperative corporations law\nwhen such transportation activities are related to the members of the\ncooperative corporation.\n 12. The transportation of milk from the farm or farms where produced\nor from collection stations where milk is gathered from various farms.\n 13. The transportation for compensation performed by an agricultural\ncooperative corporation for non-members who are not farmers or\ncooperative corporations when such transportation is limited to that\nwhich is incidental to the agricultural cooperative corporation's\nprimary transportation operation and is necessary for its effective\nperformance. Such transportation shall be provided only after the\nagricultural cooperative corporation notifies the commissioner in\nwriting of its intent to provide the transportation and it shall not\nexceed twenty-five percent of the agricultural cooperative corporation's\ntotal transportation services in each calendar year measured in terms of\ntonnage. The commissioner may prescribe the records to be kept and the\ninformation to be furnished by all agricultural cooperative corporations\nperforming transportation pursuant to this subdivision.\n