§ 385 — Dimensions and weights of vehicles

New York § 385

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 3: Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
• Art. 10: Dimensions and Weights of Vehicles

Text

§ 385. Dimensions and weights of vehicles. No person shall operate or\nmove, or cause or knowingly permit to be operated or moved on any\nhighway or bridge thereon, in any county not wholly included within a\ncity, any vehicle or combination of vehicles of a size or weight\nexceeding the limitations provided for in this section. Except as\notherwise specifically provided in subdivision fifteen of this section,\nno person shall operate or move, or cause or knowingly permit to be\noperated or moved on any highway or bridge thereon, in any city not\nwholly included within one county, any vehicle or combination of\nvehicles of a size or weight exceeding the limitations provided for in\nthe rules and regulations of the city department of transportation of\nsuch city adopted pursuant to section sixteen hundred forty-two of this\nchapter.\n 1. (a) (i) The width of a vehicle, inclusive of load, shall be not\nmore than ninety-six inches plus safety devices, except that the maximum\nwidth of a vehicle, inclusive of load, shall be one hundred two inches,\nplus safety devices, on any qualifying or access highway. Except in a\ncity not wholly included within one county, the maximum width of a\nvehicle, inclusive of load shall not be more than one hundred two inches\nplus safety devices on any other highway with traffic lanes designed to\nbe a width of ten feet or more.\n (ii) If the legislative body of a county not wholly contained within a\ncity determines that any specific segment of the state highway system is\nnot capable of safely accommodating motor vehicles with a width of one\nhundred two inches, plus safety devices, such body may notify the\ncommissioner of transportation of such determination and request that\nthe commissioner designate such segment as one where the width of motor\nvehicles may not exceed ninety-six inches, plus safety devices.\n Before making such notification, such county legislative body shall\nconsult with units of local government within the county in which the\nspecific segment of such system is located, as well as the county\nlegislative body of any county adjacent to the requesting county that\nmight be directly affected by such exemption. As part of such\nconsultations, consideration shall be given to any potential alternative\nroute that:\n (A) can safely accommodate motor vehicles having the widths set forth\nin this paragraph; and\n (B) serves the area in which such segment is located.\n The county legislative body shall transmit with such notification\nspecific evidence of safety problems that supports such determination\nand the results of consultations regarding any alternative route.\n If the commissioner of transportation determines, upon request by a\ncounty legislative body or on the commissioner's own initiative, that\nany segment of the state highway system is not capable of safely\naccommodating motor vehicles having the widths set forth in this\nparagraph, the commissioner shall exempt such segment from the\nprovisions of this paragraph.\n (b) The provisions of paragraph (a) of this subdivision shall not\napply to vehicles and implements or combinations thereof, not over\ntwelve feet in width and used solely for farm purposes, except upon any\nhighway at any time on which operation is prohibited by order of the\ndepartment of transportation.\n (c) The provisions of paragraph (a) of this subdivision shall not\napply to vehicles and implements or combinations thereof, between twelve\nand up to seventeen feet in width, used solely for farm purposes when\nthe following requirements are met:\n (i) the vehicle and implement or combination thereof is operated\nduring the period from one-half hour before sunrise to one-half hour\nafter sunset;\n (ii) red or orange fluorescent flags not smaller than eighteen inches\nsquare, and reflectors are placed on the extreme corners of the load;\n (iii) two flashing amber lights in compliance with regulations\nprescribed by the commissioner of transportation are attached to the\nrear of the load or, if the vehicle hauling such implement is equipped\nwith hazard lights which are visible from the rear of the load, such\nlights are flashing; and\n (iv) if the vehicle or load extends beyond the center line of a\nhighway or if the vehicle is being operated during any time when, due to\nrain, sleet, snow, hail, fog, insufficient light, or for any other\nreason, visibility for a distance of one thousand feet ahead is not\nclear, the vehicle is preceded by an escort vehicle which is equipped\nwith a warning sign and flashing lights in compliance with regulations\nprescribed by the commissioner of transportation.\n (d) The provisions of paragraph (a) of this subdivision shall not\napply to vehicles and implements or combinations thereof, not over\nthirteen feet in width and designed and intended for use solely for farm\npurposes when owned or in the possession of a dealer in farm implements\nand equipment, during the same period and under the same conditions and\nrestrictions as set forth in paragraph (b) of this subdivision; nor\nshall paragraph (a) of this subdivision apply to the transportation of\nsuch vehicles, implements and combinations thereof as a load on another\nvehicle, such vehicle and load not to exceed thirteen feet in width,\nduring the same period and under the same conditions and restrictions as\nset forth in paragraph (b) of this subdivision.\n (e) The provisions of paragraph (a) of this subdivision shall not\napply to omnibuses or buses used solely for the transportation of\nchildren to and from school, but the width of such omnibuses shall not\nexceed ninety-eight inches.\n (f) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the maximum width for omnibuses or buses having a carrying\ncapacity of more than seven passengers shall not exceed one hundred two\ninches, provided, however, that when omnibuses or buses are operated\nwholly within a city, such city may, by local law or ordinance but\nsubject to paragraph (h) of this subdivision, limit the width of\nomnibuses or buses to not more than ninety-eight inches.\n (g) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, racks for carrying hay, straw or unthreshed grain may have\na width of ten feet at the top of the rack. In no case shall the width\nat the base of the rack exceed one hundred two inches, nor shall the\nwidth of a rack exceed one hundred two inches at any portion thereof\nwhile on any qualifying highway.\n (h) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a house coach used for non-commercial purposes may exceed\nthe maximum width applicable on the highway upon which such house coach\nis traveling if such excess width is wholly attributable to an awning\nand its support hardware that is no less than seven and one-half feet\noff the ground and extends no more than six inches beyond the body of\nthe vehicle on the passenger side and four inches beyond the body of the\nvehicle on the driver's side. A fifth wheel trailer designed to provide\ntemporary living quarters for recreational, camping, or travel use not\nto exceed four hundred square feet in the set-up mode and used for\nnon-commercial purposes may exceed the maximum width applicable on the\nhighway upon which such fifth wheel trailer is traveling if such excess\nwidth is wholly attributable to an awning and its support hardware that\nis no less than seven and one-half feet off the ground and extends no\nmore than six inches beyond the body of the vehicle on the passenger\nside. This provision shall not apply to any city not wholly included\nwithin one county except such house coaches and fifth wheel trailers\nused for non-commercial purposes may be operated on that portion of\ninterstate ninety-five which connects interstate two hundred\neighty-seven with interstate two hundred ninety-five, that portion of\ninterstate two hundred ninety-five which connects interstate ninety-five\nwith interstate four hundred ninety-five and that portion of interstate\nfour hundred ninety-five between interstate ninety-five and the\nNassau-Queens county line.\n (i) The commissioner of transportation may promulgate such rules and\nregulations as shall be necessary or desirable to effectuate the\nprovisions of this subdivision.\n 2. The height of a vehicle from under side of tire to top of vehicle,\ninclusive of load, shall be not more than thirteen and one-half feet.\nAny damage to highways, bridges or highway structures resulting from the\nuse of a vehicle exceeding thirteen feet in height where such excess\nheight is the proximate cause of the accident shall be compensated for\nby the owner and operator of such vehicle.\n 3. (a) The length of a single vehicle, inclusive of load and bumpers,\nshall be not more than forty feet unless otherwise provided in this\nsubdivision.\n (b) The length of a semitrailer or trailer shall not exceed\nforty-eight feet provided, however, that the length of any trailer or\nsemitrailer being operated in combination with another trailer or\nsemitrailer shall not exceed twenty-eight and one-half feet. A B-train\nassembly shall be excluded from the measurement of the length of a\nsemitrailer when such semitrailer is in use between the tractor and the\nsecond semitrailer in a tractor-semitrailer-semitrailer combination of\nvehicles.\n (c) The length of buses having a carrying capacity of more than seven\npassengers shall not exceed forty-five feet, except that the length of\narticulated buses shall not exceed sixty-two feet. A house coach shall\nnot exceed forty-five feet in length, provided however, that if a house\ncoach exceeds forty feet in length, its wall-to-wall turning diameter\nshall not exceed ninety feet three inches and moreover, such house coach\nshall have permanently affixed to its body on the front passenger side\ndoor jamb, a data-plate on which the house coach manufacturer indicates\nthe vehicle identification number and wall-to-wall turning diameter and\nattests to the fact that the wall-to-wall turning diameter is calculated\nin accordance with the Society of Automotive Engineers J-695 Standard as\nsuch standard existed on June first, two thousand three, regarding\nturning capability. In the event such a house coach exceeds either\ntwenty-six thousand pounds gross vehicle weight rating, is greater than\nforty feet in length or exceeds both, the operator of such house coach\nmust have a driver's license with a personal use vehicle endorsement as\nset forth in subparagraph (vii) of paragraph (b) of subdivision two of\nsection five hundred one of the this chapter. This provision shall not\napply to any city not wholly included within one county except such\nhouse coaches and fifth wheel trailers used for non-commercial purposes\nmay be operated on that portion of interstate ninety-five which connects\ninterstate two hundred eighty-seven with interstate two hundred\nninety-five, that portion of interstate two hundred ninety-five which\nconnects interstate ninety-five with interstate four hundred ninety-five\nand that portion of interstate four hundred ninety-five between\ninterstate ninety-five and the Nassau-Queens county line.\n (d) The provisions of this subdivision shall not apply to fire\nvehicles.\n (e) Except in any city not wholly included within one county, any\nsemitrailer with a length in excess of forty-eight feet, but not\nexceeding fifty-three feet, may be operated on any qualifying highway or\nspecifically designated access highway if the distance between the\nkingpin of the semitrailer and the centerline of the rear axle does not\nexceed forty-three feet and if the semitrailer is equipped with a\nrear-end protective device of substantial construction consisting of a\ncontinuous lateral beam extending to within four inches of the lateral\nextremities of the semitrailer and located not more than twenty-two\ninches from the surface as measured with the vehicle empty and on a\nlevel surface. In addition, such vehicles may be operated on that\nportion of interstate ninety-five which connects interstate two hundred\neighty-seven with interstate two hundred ninety-five, that portion of\ninterstate two hundred ninety-five which connects interstate ninety-five\nwith interstate four hundred ninety-five and that portion of interstate\nfour hundred ninety-five between interstate ninety-five and the\nNassau-Queens county line.\n (f) The length of any center panel of an altered livery shall not\nexceed one hundred inches unless the owner of such vehicle can\ndemonstrate that the livery conforms to all applicable federal and state\nmotor vehicle safety standards at the time of registration in accordance\nwith section four hundred one of this chapter.\n (g) The length of a specialized material delivery vehicle, inclusive\nof load and bumpers, shall not be more than forty feet provided,\nhowever, that the portion of an attached boom or forklift that extends\nbeyond the rear bumper by not more than five feet shall be excluded from\nthe measurement of the length of a specialized material delivery\nvehicle. For the purposes of this paragraph, "specialized material\ndelivery vehicle" shall mean a single unit truck having an attached boom\nor forklift for the purpose of hoisting, swinging, loading or unloading\nmaterial from such truck. The provisions of this paragraph authorizing\nthe exclusion from the measurement of the length of a specialized\nmaterial delivery vehicle shall not apply unless the operator of such\nvehicle holds a valid commercial driver's license as defined by\nsubdivision one of section five hundred one-a of this chapter.\n * NB There are 2 par (g)'s\n * (g) The length of a tow truck or car carrier, inclusive of load and\nbumpers, shall be not more than forty feet, except that a car carrier\nmay have an overhang that extends beyond the rear bumper of such car\ncarrier by not more than three feet and except, further, that a wheel\nlift that is less than fifteen feet in length shall not be included as\npart of the length of a tow truck or car carrier when such wheel lift is\nin use by such tow truck or car carrier to tow another motor vehicle.\n * NB There are 2 par (g)'s\n (h) The commissioner of motor vehicles in consultation with the\ncommissioner of transportation may promulgate such rules and regulations\nas shall be necessary or desirable to effectuate the provisions of this\nsubdivision.\n 4. (a) The total length of a combination of vehicles, inclusive of\nload and bumpers, shall not be more than sixty-five feet.\n (b) The provisions of paragraph (a) of this subdivision shall not\napply to:\n 1. A combination of vehicles being operated on any qualifying highway\nor access highway;\n 2. Vehicles of a corporation which is subject to the jurisdiction of\nthe interstate commerce commission, the public service commission or\nother regulatory body and which are used in the construction,\nreconstruction, repair or maintenance of its property or facilities,\nprovided that any such vehicle complies with the safety requirements of\nthe laws and regulations of the United States and of this state\npertaining to overlength vehicles;\n 3. Vehicles hauling poles, girders, columns, or other similar objects\nof great length provided that any such vehicle complies with the safety\nrequirements of the laws and regulations of the United States and of\nthis state pertaining to such overlength vehicles;\n 4. Fire vehicles;\n 5. A vehicle or combination of vehicles which is disabled and unable\nto proceed under its own power and is being towed for a distance not in\nexcess of ten miles for the purpose of repairs or removal from the\nhighway, except that the distance to the nearest exit of a\ncontrolled-access highway shall not be considered in determining such\nten mile distance;\n 6. Stinger-steered automobile transporters or stinger-steered boat\ntransporters, while operating on qualifying and access highways.\nStinger-steered boat transporters shall not, however, exceed\nseventy-five feet exclusive of an overhang of not more than three feet\non the front and four feet on the rear of the vehicle and\nstinger-steered automobile transporters shall not exceed eighty feet\nexclusive of an overhang of not more than four feet on the front and six\nfeet on the rear of the vehicle; and\n 7. A combination of vehicles operating on any qualifying or access\nhighways consisting of a power unit and two trailers or semitrailers\nwith a total weight that shall not exceed twenty-six thousand pounds\nwhen the overall length is greater than sixty-five feet but shall not\nexceed eighty-two feet in which the trailers or semitrailers carry no\nproperty and constitute inventory property of a manufacturer,\ndistributor, or dealer of such trailers or semitrailers.\n (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an overhang of not more than three feet on the front and\nfour feet on the rear of an automobile transporter or an overhang of not\nmore than four feet on the front and six feet on the rear of a\nstinger-steered automobile transporter or an overhang of not more than\nthree feet on the front and four feet on the rear of a boat transporter\nor stinger-steered boat transporter shall be permitted.\n 5. In determining the number of wheels and axles on any vehicle or\ncombination of vehicles within the meaning of this section, only two\nwheels shall be counted for each axle, and axles which are less than\nforty-six inches apart, from center to center, shall be counted as one\naxle. However, in the case of multiple tires or multiple wheels, the sum\nof the widths of all the tires on a wheel or combination of wheels shall\nbe taken in determining tire width.\n 6. The weight per inch width of tire on any one wheel of a single\nvehicle or a combination of vehicles equipped with pneumatic tires, when\nloaded, shall be not more than eight hundred pounds.\n 7. The weight on any one wheel of a single vehicle or a combination of\nvehicles, equipped with pneumatic tires, when loaded, shall be not more\nthan eleven thousand two hundred pounds.\n 8. The weight on any one axle of a single vehicle or a combination of\nvehicles, equipped with pneumatic tires, when loaded, shall be not more\nthan twenty-two thousand four hundred pounds.\n 9. The weight on any two consecutive axles of a single vehicle or a\ncombination of vehicles, equipped with pneumatic tires, when loaded, and\nwhen such axles are spaced less than eight feet from center to center,\nshall be not more than thirty-six thousand pounds, except where axles\nare spaced eight feet or greater, but less than ten feet, the weight on\nthose two axles shall not exceed that permitted by paragraph (b) of\nsubdivision ten of this section and, in addition, shall not exceed forty\nthousand pounds. Axles to be counted as provided in subdivision five of\nthis section.\n 10. A single vehicle or a combination of vehicles having three axles\nor more and equipped with pneumatic tires, when loaded, may have a total\nweight on all axles not to exceed thirty-four thousand pounds, plus one\nthousand pounds for each foot and major fraction of a foot of the\ndistance from the center of the foremost axle to the center of the\nrearmost axle. Axles to be counted as provided in subdivision five of\nthis section. In no case, however, shall the total weight exceed eighty\nthousand pounds except for a vehicle if operated by an engine fueled\nprimarily by natural gas which may have a maximum gross weight of up to\neighty-two thousand pounds. For any vehicle or combination of vehicles\nhaving a total gross weight less than seventy-one thousand pounds, the\nhigher of the following shall apply:\n (a) the total weight on all axles shall not exceed thirty-four\nthousand pounds plus one thousand pounds for each foot and major\nfraction of a foot of the distance from the center of the foremost axle\nto the center of the rearmost axle, or\n (b) the overall gross weight on a group of two or more consecutive\naxles shall not exceed the weight produced by application of the\nfollowing formula:\n W = 500 ((LxN)/(N-1) + (12xN)+36)\nwhere W equals overall gross weight on any group of two or more\nconsecutive axles to the nearest five hundred pounds, L equals distance\nin feet from the center of the foremost axle to the center of the\nrearmost axle of any group of two or more consecutive axles, and N\nequals number of axles in group under consideration, except that two\nconsecutive sets of tandem axles may carry a gross load of thirty-four\nthousand pounds each providing the overall distance between the first\nand last axles of such consecutive sets of tandem axles is thirty-six\nfeet or more.\n For any vehicle or combination of vehicles having a total gross weight\nof seventy-one thousand pounds or greater, paragraph (b) shall apply to\ndetermine maximum gross weight which is permitted hereunder.\n 10-a. (a) Notwithstanding the provisions of subdivisions seven, eight,\nnine, ten, eleven and twelve of this section, the calculation of weight\npursuant to such subdivisions shall exclude the actual weight, not to\nexceed four hundred pounds, of a fully-functioning idle reduction device\ninstalled on a vehicle or combination of vehicles that are subject to\nsuch subdivisions, provided that the operator of such vehicle: (i)\nmaintains written certification of the actual weight of such device and\nacceptable proof that it is fully functional; and (ii) provides such\ncertification and proof, upon request, to a law enforcement officer or\nany other officer or employee authorized to enforce this section.\nAcceptable proof of the functionality of such device shall consist of\nwritten certification from the manufacturer of such idle reduction\ndevice, physical demonstration, or any other documentation acceptable to\nthe commissioner of transportation as may be set forth in regulations\npromulgated by such commissioner after consultation with the\ncommissioner of environmental conservation.\n (b) For the purposes of this subdivision, the following terms shall\nhave the following meanings: (i) "auxiliary power unit" shall mean an\nintegrated system that (A) provides heat, air conditioning, engine\nwarming, or electricity to components on a vehicle which is subject to\nthe provisions of this section and (B) is certified under part\neighty-nine of title forty of the code of federal regulations (as may\nfrom time to time be amended) as meeting applicable emission standards;\nand (ii) "idle reduction device" shall mean an auxiliary power unit or\nother technology that is used to reduce long-duration idling (as such\nterm is defined in paragraph seven of subdivision (a) of section 16104\nof the United States code as may from time to time be amended) and\nallows for the main drive engine or auxiliary refrigeration engine to be\nshut down.\n 11. A vehicle or combination of vehicles equipped with any solid\nrubber tires shall not have weights more than eighty per centum of those\npermitted in this section for pneumatic tires. Notwithstanding the\nprovisions of this section, vehicles equipped with solid rubber tires\nand registered in this state prior to January first, nineteen hundred\nthirty-two shall be permitted to operate until January first, nineteen\nhundred thirty-three under tire and axle loadings prescribed by chapter\nfour hundred ninety-eight of the laws of nineteen hundred thirty.\n 12. Motor vehicles or vehicles drawn by motor vehicles when equipped\nwith metal tires shall not have weights more than forty per centum of\nthose permitted in this section for pneumatic tires.\n 13. For the purpose of this section, the width of pneumatic tires\nshall be ascertained by measuring the greatest width of the tire casing\nwhen tire is inflated. The width of solid rubber tires shall be\nascertained by measuring the width of the tire base channel or between\nthe flanges of the metal rim, provided that no vehicle equipped with\nsolid rubber tires shall be operated upon a public highway, which has at\nany point less than one inch of rubber above the top or beyond the\nflange or rim. The width of metal tires shall be ascertained by\nmeasuring the width of contact of the tire with the road surface.\n 14. No person shall operate or move a vehicle or a combination of\nvehicles over, on or through any bridge or structure on any highway if\nthe weight of such vehicle, or combination of vehicles, and load, is\ngreater than the posted capacity of the structure or exceeds the height\nof the posted clearance as shown by an official sign.\n 15. Except where inconsistent with federal law, rules and regulations:\n(a) The commissioner of transportation is hereby authorized to continue\nto grant permits, and to charge fees therefor, for the operation or\nmovement of a vehicle or combination of vehicles having weights or\ndimensions which exceed the limitations provided for in this section\nupon any highway under his or her jurisdiction except that such permit\nshall not be valid for the operation or movement of such vehicles on any\nstate or other highway within any city not wholly included within one\ncounty. Such permits shall be issued in accordance with the terms and\nconditions contained in rules and regulations governing special hauling\npermits which have been or shall be promulgated by the commissioner of\ntransportation and which may include, but not be limited to, a\nrequirement that a vehicle or combination of vehicles being issued a\npermit shall be accompanied by one or more escort vehicles which is\nbeing operated by an individual having a valid escort certificate issued\nby the commissioner. The commissioner of transportation is authorized to\npromulgate rules and regulations governing the operation, use and\nequipment of escort vehicles and the duties and responsibilities of the\noperator of an escort vehicle. Any finding by the commissioner of\ntransportation that an individual has violated such rules and\nregulations shall be grounds for the cancellation of an individual's\nescort certificate and a penalty not to exceed five hundred dollars per\noccurrence for the first violation and not to exceed one thousand\ndollars per occurrence for each subsequent violation. Prior to issuing\nsuch a finding, the commissioner of transportation shall afford an\nindividual the right to a hearing pursuant to section one hundred\nforty-five of the transportation law. Such rules and regulations shall\ntake into consideration, but shall not be limited to, the safety of the\ntraveling public and the protection of the highways and the environment.\nSuch rules and regulations shall also contain a schedule of fees to be\ncharged for the issuance of such permits which fees shall cover, but\nshall not be limited to, the costs to the department of transportation\nfor the administration of the permit program, and shall permit the\ncommissioner of transportation to levy a surcharge of up to twenty\ndollars for the issuance and distribution of special hauling permits at\nregional offices of the department of transportation. The annual vehicle\nfee for a permit issued pursuant to subparagraphs (i), (ii), (ii-a) and\n(iii) of paragraph (f) of this subdivision shall be three hundred sixty\ndollars for vehicles with less than five axles, seven hundred fifty\ndollars for vehicles with five or six axles and nine hundred dollars for\nvehicles with seven or more axles. The annual vehicle fee for a permit\nissued pursuant to subparagraphs (iv), (v), and (vi) of paragraph (f) of\nthis subdivision shall be four hundred eighty dollars for vehicles with\nless than five axles and one thousand dollars for vehicles with five or\nmore axles. Additionally, the commissioner shall establish a fee\nschedule for the permitting of extra non-power combination units that\nmay not exceed twenty-five dollars per vehicle and may offer discounts\nfor multi-trailer registrations. Such fees shall not be charged to\nmunicipalities in this state. A permit issued by the commissioner to a\nmunicipality pursuant to this subdivision, that would otherwise be\nannual, shall not expire until such municipality removes such permitted\nvehicle from operation; provided, however, that any amendment to such\npermit shall remain subject to the commissioner's approval and nothing\ncontained in this paragraph shall be deemed to alter the authority of\nthe commissioner to revoke any such permit as authorized by this\nchapter. If the permit has routing requirements, such rules and\nregulations shall provide that if the routing anticipates the use of\nhighways not under the jurisdiction of the commissioner of\ntransportation, then he or she shall immediately notify the municipality\nor municipalities, having jurisdiction over such highway that an\napplication for a permit has been received and request comment thereon.\nSaid municipality or municipalities shall not have less than fifteen\ndays to comment. Such rules and regulations shall also contain any other\nrequirements deemed necessary by the commissioner of transportation.\n (b) Upon application in writing and good cause being shown, the\ndepartment of transportation may issue a permit pursuant to this\nsubdivision to operate or move a vehicle or a combination of vehicles,\nthe weights or the dimensions of which exceed the limitations provided\nfor in this section upon any highway under its jurisdiction except that\nsuch permit shall not be valid for the operation or movement of such\nvehicles on any state or other highway within any city not wholly\nincluded within one county. For any other public highway in any county\nnot wholly included within a city which is not on the state system of\nhighways the authority having jurisdiction over same may issue a similar\npermit, provided that the fee charged for such permit shall not exceed\nten dollars.\n (c) Upon application in writing and good cause being shown, the city\ndepartment of transportation of a city not wholly included within one\ncounty may issue a permit pursuant to this subdivision to operate or\nmove a vehicle or a combination of vehicles the weights or the\ndimensions of which exceed the limitations provided for in the rules and\nregulations of the city department of transportation of such city upon\nall highways within such city including highways which are on the state\nsystem of highways. The rules and regulations of such city department of\ntransportation shall contain a schedule of fees to be charged for the\nissuance of such permits which fees shall cover, but shall not be\nlimited to, the costs to the city for the administration of the permit\nprogram. Such rules and regulations shall also contain any other\nrequirements deemed necessary by the city commissioner of\ntransportation.\n (d) Except during storms, floods, fires or other public emergencies,\nno such permit may be issued to include a towing operation involving\nmore than two vehicles except three vehicle combinations consisting of a\ntractor, semitrailer and trailer or a tractor and two trailers within\nlegal weight and width limits proceeding to or from any qualifying\nhighway or access highway. Every such permit may designate the route to\nbe traversed and contain any other restrictions or conditions deemed\nnecessary by the issuing authority. Every such permit shall be carried\non the vehicle to which it refers and shall be open to the inspection of\nany peace officer, acting pursuant to his special duties, or police\nofficer, or any other officer or employee authorized to enforce this\nsection. All permits issued shall be revocable by the authority issuing\nthem at the discretion of the authority without a hearing or the\nnecessity of showing cause. Except for a vehicle having a maximum gross\nweight not exceeding eighty thousand pounds without regard to any axle\nweight limitation set forth herein or the maximum gross weight\nestablished by the formula commonly referred to as the bridge formula as\nset forth in subdivision ten of this section and except for state or\nmunicipally-owned single vehicles engaged in snow and ice control\noperations, or designed or fitted for snow and ice control operations\nwhile engaged in other public works operations on public highways which\ndo not exceed the weight limits contained in subdivision seventeen-a of\nthis section, no permit shall be issued to allow operation or movement\nof any vehicle or combination of vehicles whose weight exceeds the\nlimitations otherwise prescribed in this section other than an annual\npermit issued pursuant to paragraph (f) of this subdivision except upon\na finding by the department of transportation or the appropriate\nauthority, as the case may be, that the load proposed is of one piece or\nitem or otherwise cannot be separated into units of less weight\nprovided, however, that any such permit issued upon such finding shall\nnot be valid for the operation or movement of such vehicles on any state\nor other highway within any city not wholly included within one county.\nBulk milk may be considered one piece or item.\n (e) The department of transportation or the issuing authority, as the\ncase may be, shall establish criteria by rule or regulation under which\nany vehicle, combination of vehicles, or specified cargoes in specified\ncircumstances or specified sites, routing or projects may be considered\none piece or item for the purpose of a permit under this subdivision.\n (f) The department of transportation, or other issuing authority, may\nissue an annual permit for a vehicle designed and constructed to carry\nloads that are not of one piece or item, which is registered in this\nstate. Motor carriers having apportioned vehicles registered under the\ninternational registration plan must either have a currently valid\npermit at the time this provision becomes effective or shall have\ndesignated New York as its base state or one of the eligible\njurisdictions of operation under the international registration plan in\norder to be eligible to receive a permit issued pursuant to subparagraph\n(i), (ii) or (ii-a) of this paragraph. No permit issued pursuant to this\nparagraph shall be valid for the operation or movement of vehicles on\nany state or other highway within any city not wholly included within\none county unless such permit was issued by the city department of\ntransportation of such city.\n Effective January first, two thousand five, no vehicle or combination\nof vehicles issued a permit pursuant to this paragraph shall cross a\nbridge designated as an R-posted bridge by the commissioner of\ntransportation or any other permit issuing authority absent a\ndetermination by such commissioner or permit issuing authority that the\npermit applicant has demonstrated special circumstances warranting the\ncrossing of such bridge or bridges and a determination by such\ncommissioner or permit issuing authority that such bridge or bridges may\nbe crossed safely, provided, however, that in no event shall a vehicle\nor combination of vehicles issued a permit under this paragraph be\npermitted to cross a bridge designated as an R-posted bridge if such\nvehicle or combination of vehicles has a maximum gross weight exceeding\none hundred two thousand pounds, and provided further, however, that\nnothing contained herein shall be deemed to authorize any vehicle or\ncombination of vehicles to cross any such bridge within any city not\nwholly included within one county unless such vehicle or combination of\nvehicles has been issued a valid permit by the city department of\ntransportation of such city pursuant to this subdivision.\n No vehicle having a model year of two thousand six or newer shall be\nissued a permit pursuant to this paragraph unless each axle of such\nvehicle or combination of vehicles, other than steerable or trackable\naxles, is equipped with two tires on each side of the axle, any air\npressure controls for lift axles are located outside the cab of the\nvehicle and are beyond the reach of occupants of the cab while the\nvehicle is in motion, the weight on any grouping of two or more axles is\ndistributed such that no axle in the grouping carries less than eighty\npercent of any other axle in the grouping and any liftable axle is\nsteerable or trackable; and, further provided, after December\nthirty-first, two thousand nineteen, no permit shall be issued pursuant\nto this paragraph to a vehicle of any model year that does not meet the\nrequirements of this provision, except that such permits may be issued\nprior to January first, two thousand twenty to a vehicle that does not\nmeet the requirement concerning axle grouping weight distribution, but\nmeets all other requirements of this section.\n A divisible load permit may only be transferred to a replacement\nvehicle by the same registrant or transferred with the permitted vehicle\nas part of the sale or transfer of the permit holder's business; or, if\nthe divisible load permit is issued pursuant to subparagraph (iv), (v)\nor (vi) of this paragraph for use within the counties of Westchester,\nRockland, Nassau, Suffolk, Putnam, Orange and Dutchess and has been\neffective for the five years preceding a transfer of such permit, the\npermit may be transferred with the permitted vehicle in the sale of the\npermitted vehicle to the holder of a permit issued pursuant to\nsubparagraph (iv), (v) or (vi) of this paragraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess.\n If a permit holder operates a vehicle or combination of vehicles in\nviolation of any posted weight restriction, the permit issued to such\nvehicle or combination of vehicles shall be deemed void as of the next\nday and shall not be reissued for a period of twelve calendar months.\n Until June thirtieth, nineteen hundred ninety-four, no more than\nsixteen thousand power units shall be issued annual permits by the\ndepartment for any twelve-month period in accordance with this\nparagraph. After June thirtieth, nineteen hundred ninety-four, no more\nthan sixteen thousand five hundred power units shall be issued annual\npermits by the department for any twelve-month period. After December\nthirty-first, nineteen hundred ninety-five, no more than seventeen\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period. After December thirty-first, two thousand\nthree, no more than twenty-one thousand power units shall be issued\nannual permits by the department for any twelve-month period. After\nDecember thirty-first, two thousand five, no more than twenty-two\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period. After December thirty-first, two thousand\nsix, no more than twenty-three thousand power units shall be issued\nannual permits by the department for any twelve-month period. After\nDecember thirty-first, two thousand seven, no more than twenty-four\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period. After December thirty-first, two thousand\neight, no more than twenty-five thousand power units shall be issued\nannual permits by the department for any twelve-month period. After\nDecember thirty-first, two thousand sixteen, no more than twenty-seven\nthousand power units shall be issued annual permits by the department\nfor any twelve-month period.\n Whenever permit application requests exceed permit availability, the\ndepartment shall renew annual permits that have been expired for less\nthan four years which meet program requirements, and then shall issue\npermit applicants having less than three divisible load permits such\nadditional permits as the applicant may request, providing that the\ntotal of existing and new permits does not exceed three. Remaining\npermits shall be allocated by lottery in accordance with procedures\nestablished by the commissioner in rules and regulations.\n The department of transportation may issue a seasonal agricultural\npermit in accordance with subparagraphs (i), (ii) and (iii) of this\nparagraph that will be valid for four consecutive months with a fee\nequal to one-half the annual permit fees established under this\nsubdivision.\n For a vehicle issued a permit in accordance with subparagraphs (iii),\n(iv), (v) and (vi) of this paragraph, such a vehicle must have been\nregistered in this state prior to January first, nineteen hundred\neighty-six or be a vehicle or combination of vehicles which replace such\ntype of vehicle which was registered in this state prior to such date\nprovided that the manufacturer's recommended maximum gross weight of the\nreplacement vehicle or combination of vehicles does not exceed the\nweight for which a permit may be issued and the maximum load to be\ncarried on the replacement vehicle or combination of vehicles does not\nexceed the maximum load which could have been carried on the vehicle\nbeing replaced or the registered weight of such vehicle, whichever is\nlower, in accordance with the following subparagraphs:\n (i) A permit may be issued for a vehicle having at least three axles\nand a wheelbase not less than sixteen feet and for a vehicle with a\ntrailer not exceeding forty-eight feet. The maximum gross weight of such\na vehicle shall not exceed forty-two thousand five hundred pounds plus\none thousand two hundred fifty pounds for each foot and major fraction\nof a foot of the distance from the center of the foremost axle to the\ncenter of the rearmost axle, or one hundred two thousand pounds,\nwhichever is more restrictive provided, however, that any four axle\ngroup weight shall not exceed sixty-two thousand pounds, any tridem axle\ngroup weight shall not exceed fifty-seven thousand pounds, any tandem\naxle weight does not exceed forty-seven thousand pounds and any single\naxle weight shall not exceed twenty-five thousand pounds.\n Any additional special authorizations contained in a currently valid\nannual permit shall cease upon the expiration of such current annual\npermit.\n (ii) A permit may be issued subject to bridge restrictions for a\nvehicle or a combination of vehicles having at least six axles and a\nwheel base of at least thirty-six and one-half feet. The maximum gross\nweight of such vehicle or combination of vehicles shall not exceed one\nhundred seven thousand pounds and any tridem axle group weight shall not\nexceed fifty-eight thousand pounds and any tandem axle group weight\nshall not exceed forty-eight thousand pounds.\n (ii-a) A permit may be issued subject to bridge restrictions for a\ncombination of vehicles having at least seven axles and a wheelbase of\nat least forty-three feet. The maximum gross weight of such combination\nof vehicles shall not exceed one hundred seventeen thousand pounds, any\nfour axle group weight shall not exceed sixty-three thousand pounds, any\ntridem axle group weight shall not exceed fifty-eight thousand pounds,\nany tandem axle group weight shall not exceed forty-eight thousand\npounds, and any single axle weight shall not exceed twenty-five thousand\npounds.\n Each axle of such combination of vehicles, other than steerable or\ntrackable axles, shall be equipped with two tires on each side of the\naxle, any air pressure controls for lift axles shall be located outside\nthe cab of the combination of vehicles and shall be beyond the reach of\noccupants of the cab while the combination of vehicles is in motion, the\nweight on any grouping of two or more axles shall be distributed such\nthat no axle in the grouping carries less than eighty percent of any\nother axle in the grouping, and any liftable axle of such combination of\nvehicles shall be steerable or trackable.\n (iii) A permit may be issued for a vehicle having two axles and a\nwheelbase not less than ten feet, with the maximum gross weight not in\nexcess of one hundred twenty-five percent of the total weight limitation\nas set forth in subdivision ten of this section. Furthermore, until\nDecember thirty-first, nineteen hundred ninety-four, any single rear\naxle weight shall not exceed twenty-eight thousand pounds. After\nDecember thirty-first, nineteen hundred ninety-four, any axle weight\nshall not exceed twenty-seven thousand pounds.\n (iv) Within a city not wholly included within one county and the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess, a permit may be issued for a vehicle having at least three\naxles and a wheelbase not exceeding forty-four feet nor less than\nseventeen feet or for a vehicle with a trailer not exceeding forty feet.\n Until December thirty-first, nineteen hundred ninety-four, a permit\nmay only be issued for such a vehicle having a maximum gross weight not\nexceeding eighty-two thousand pounds and any tandem axle group weight\nshall not exceed sixty-two thousand pounds.\n After January first, nineteen hundred ninety-five, the operation of\nsuch a vehicle shall be further limited and a permit may only be issued\nfor such a vehicle having a maximum gross weight not exceeding\nseventy-nine thousand pounds and any tandem axle group weight shall not\nexceed fifty-nine thousand pounds, and any tridem shall not exceed\nsixty-four thousand pounds.\n A permit may be issued only until December thirty-first, nineteen\nhundred ninety-four for a vehicle having at least three axles and a\nwheelbase between fifteen and seventeen feet. The maximum gross weight\nof such a vehicle shall not exceed seventy-three thousand two hundred\neighty pounds and any tandem axle group weight shall not exceed\nfifty-four thousand pounds.\n No vehicle having a model year of two thousand six or newer shall be\nissued a permit pursuant to this subparagraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess unless it is equipped with at least four axles, and further\nprovided, after December thirty-first, two thousand fourteen, no permit\nshall be issued pursuant to this subparagraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess to a vehicle of any model year unless the vehicle is equipped\nwith at least four axles.\n (v) Within a city not wholly included within one county and the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange or\nDutchess, a permit may be issued only until December thirty-first,\nnineteen hundred ninety-nine for a vehicle or combination of vehicles\nthat has been permitted within the past four years having five axles and\na wheelbase of at least thirty-six and one-half feet. The maximum gross\nweight of such a vehicle or combination of vehicles shall not exceed one\nhundred five thousand pounds and any tandem axle group weight shall not\nexceed fifty-one thousand pounds.\n Within a city not wholly included within one county and the counties\nof Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,\na permit may be issued for a vehicle or combination of vehicles having\nat least five axles and a wheelbase of at least thirty feet. The maximum\ngross weight of such vehicle or combination of vehicles shall not exceed\nninety-three thousand pounds and any tridem axle group weight shall not\nexceed fifty-seven thousand pounds and any tandem axle group weight\nshall not exceed forty-five thousand pounds.\n (vi) Within a city not wholly included within one county and the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess, a permit may be issued for a vehicle or combination of\nvehicles having at least five axles or more and a wheelbase of at least\nthirty-six and one-half feet, provided such permit contains routing\nrestrictions.\n Until December thirty-first, nineteen hundred ninety-four, the maximum\ngross weight of a vehicle or combination of vehicles permitted under\nthis subparagraph shall not exceed one hundred twenty thousand pounds\nand any tandem or tridem axle group weight shall not exceed sixty-nine\nthousand pounds, provided, however, that any replacement vehicle or\ncombination of vehicles permitted after the effective date of this\nsubparagraph shall have at least six axles, any tandem axle group shall\nnot exceed fifty thousand pounds and any tridem axle group shall not\nexceed sixty-nine thousand pounds.\n After December thirty-first, nineteen hundred ninety-four, the tridem\naxle group weight of any vehicle or combination of vehicles issued a\npermit under this subparagraph shall not exceed sixty-seven thousand\npounds, any tandem axle group weight shall not exceed fifty thousand\npounds and any single axle weight shall not exceed twenty-five thousand\nseven hundred fifty pounds.\n After December thirty-first, nineteen hundred ninety-nine, all\nvehicles issued a permit under this subparagraph must have at least six\naxles.\n After December thirty-first, two thousand fourteen, all combinations\nof vehicles issued a permit under this subparagraph for use within the\ncounties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and\nDutchess must have at least seven axles and a wheelbase of at least\nforty-three feet.\n After December thirty-first, two thousand six, no permits shall be\nissued under this subparagraph for use within the counties of\nWestchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for\na vehicle or combination of vehicles having less than seven axles or\nhaving a wheelbase of less than forty-three feet, provided, however,\nthat permits may be issued for use within the counties of Westchester,\nRockland, Nassau, Suffolk, Putnam, Orange and Dutchess for vehicles or\ncombinations of vehicles where the permit applicant demonstrates that\nthe applicant acquired the vehicle or combination of vehicles prior to\nDecember thirty-first, two thousand six, and that if the vehicle or\ncombination of vehicles was acquired by the applicant after the\neffective date of this provision, such vehicle or combination of\nvehicles is less than fifteen years old. In instances where the\napplication is for a combination of vehicles, the applicant shall\ndemonstrate that the power unit of such combination satisfies the\nconditions of this subparagraph. In no event shall a permit be issued\nunder this subparagraph for use within the counties of Westchester,\nRockland, Nassau, Suffolk, Putnam, Orange and Dutchess for a vehicle or\ncombination of vehicles having less than seven axles or having a\nwheelbase of less than forty-three feet after December thirty-first, two\nthousand fourteen.\n Except as otherwise provided by this subparagraph for the period\nending December thirty-first, two thousand fourteen, after December\nthirty-first, two thousand three, any combination of vehicles issued a\npermit under this subparagraph for use within the counties of\nWestchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess\nshall not exceed one hundred twenty thousand pounds, shall have at least\nseven axles, shall have a wheelbase of at least forty-three feet, and\nsingle axle weight shall not exceed twenty-five thousand seven hundred\nfifty pounds, any tandem axle group weight shall not exceed forty-eight\nthousand pounds, any tridem axle group weight shall not exceed\nsixty-three thousand pounds and any four axle group shall not exceed\nsixty-five thousand pounds.\n From the date of enactment of this paragraph, permit applications\nunder subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi) of this\nparagraph for vehicles registered in this state may be honored by the\ncommissioner of transportation or other appropriate authority. The\ncommissioner of transportation and other appropriate authorities may\nconfer and develop a system through rules and regulations to assure\ncompliance herewith.\n (g) A sani-van vehicle, as defined in section one hundred forty-one-a\nof this chapter for which a permit has been issued pursuant to this\nsubdivision is authorized to operate or move on all public highways or\nbridges within this state in accordance with any weight limitations\nspecified in such permit.\n (h) In any action brought for damage or destruction of any highway or\nbridge including an action pursuant to section three hundred twenty of\nthe highway law, there shall be a presumption that the operation of a\nvehicle or combination of vehicles in excess of the maximum weight\nlimits established by this section or, in a city not wholly included\nwithin one county, in excess of the maximum weight limits prescribed by\nthe rules and regulations of the city department of transportation of\nsuch city, is the proximate cause of such damage or destruction to the\nhighway bridge or appurtenant structure, whether or not a permit to\nexceed such weight limits was issued by the appropriate authority.\n (i) All moneys collected by the commissioner of transportation\npursuant to this subdivision shall be deposited by the comptroller into\nthe special obligation reserve and payment account of the dedicated\nhighway and bridge trust fund established pursuant to section\neighty-nine-b of the state finance law.\n (j) The commissioner of transportation is authorized to conduct\nhearings with regard to the issuance or revocation of any permit issued\nby the commissioner of transportation pursuant to this section and\nrelating to the violation of any condition applicable to such permit as\nprovided in subdivision three of section one hundred forty-five of the\ntransportation law. If a permit issued by the department of\ntransportation is seized and the holder of the permit makes a written\nrequest to the department of transportation for a hearing, the\ncommissioner of transportation shall schedule a hearing within twenty\ndays of the receipt of such request.\n (k) Any permit issued pursuant to this section that is seized shall be\nforwarded to the issuing authority as soon as practicable.\n 15-a. In furtherance of the authority to issue permits pursuant to\nsubdivision fifteen of this section, the department of transportation\nand the New York state thruway authority are authorized to enter into a\ncooperative agreement relative to permits to operate or move vehicles or\ncombinations of vehicles the weights or the dimensions of which exceed\nthe limitations otherwise provided for in this section along the thruway\nsystem and state highway system, routes 5 and 49 between the relocated\nthruway interchanges, including the Edic road interchange, and River\nroad in the vicinity of Edic road in the vicinity of the city of Utica.\nPermits issued hereunder may be of a joint or reciprocal type for\noperations or movements on such highway systems and shall not be limited\nto loads proposed as one piece or item or otherwise cannot be separated\ninto units of less weight.\n 16. The provisions of this section relating to the maximum dimension\nand weight limitations of vehicles shall not be applicable to any\nvehicle or combination of vehicles proceeding to or from the New York\nstate thruway while being operated at the following locations, provided,\nhowever, that the maximum dimensions and weight limitations of such a\nvehicle or combination of vehicles are in compliance with those\napplicable to the New York state thruway;\n (a) Within a radius of fifteen hundred feet of any New York state\nthruway toll booth at Fultonville, New York;\n (b) Within a radius of two thousand feet of any exit or entrance\ndesignated B-3 to the New York state thruway, Berkshire section, at New\nYork state route twenty-two;\n (c) Over a route extending north and south on New York state route 332\nbetween New York state thruway exit no. 44 and its intersection with\nCollett road, and east and west on Collett road between said\nintersection and no. 6070 Collett road, a distance of approximately .8\nmiles.\n (d) Within a radius of 1.2 miles from New York state thruway toll\nbooth no. 56 on access road to be built between such toll booth no. 56\nand the present eastern terminus of route 179 at South Park avenue, over\nroute 179 and old Mile Strip road to the truck terminal entrance on old\nMile Strip road at a point approximately two thousand four hundred\nthirty feet southeast of the intersection of old Mile Strip road and\nRoute 5 as measured along old Mile Strip road, or across Lake Avenue at\nthe northern end of the truck terminal;\n (e) Within a distance of 1.5 miles measured along that portion of the\nRiver Road, New York state touring route 266, also known as state\nhighway 129, lying generally northerly of the South Grand Island\nBridges, such distance to be measured from the point where the\nsouthernmost access road to New York state thruway station no. 17\nintersects with said River Road;\n (f) Within a distance of two miles measured along New York state route\n400, such distance to be measured from the point where said route 400\nintersects with the New York state thruway, and .5 miles measured along\nNew York state route 277, such distance to be measured in a northerly\ndirection from the point where New York state route 277 intersects with\nNew York state route 400;\n (g) Within a distance of .8 miles measured along Walden Avenue in the\nTown of Cheektowaga, such distance to be measured in a westerly\ndirection from the point where said Walden Avenue intersects with the\nNew York state thruway, .5 miles measured along said Walden Avenue, such\ndistance to be measured in an easterly direction from the point where\nsaid Walden Avenue intersects with the New York state thruway, 1,640\nfeet measured along a roadway purchased by the Town of Cheektowaga from\nSorrento Cheese, Inc., such distance to be measured in a southerly\ndirection from the point where said roadway intersects with Walden\nAvenue, and .9 miles measured along New York state route 240, such\ndistance to be measured in a southerly direction from the point where\nNew York state route 240 intersects with said Walden Avenue;\n (h) Within a distance of .1 miles measured along Sheridan Drive, New\nYork state route 324, such distance to be measured in an easterly\ndirection from the point where said Sheridan Drive intersects with New\nYork state thruway interchange N-15, and .4 miles measured along Kenmore\nAvenue, such distance to be measured in a southerly direction from the\npoint where Sheridan Drive intersects with said Kenmore Avenue;\n (i) Within a distance of .8 miles measured along Dingens street in the\ncity of Buffalo such distance to be measured in a westerly direction\nfrom the Ogden street exit of the Niagara section of the New York state\nthruway;\n (j) Within a distance of .25 miles along South street in the city of\nBuffalo between Hamburg street and Louisiana street;\n (k) Within a distance of .7 miles measured along Louisiana street in\nthe city of Buffalo such distance to be measured in a southerly\ndirection from the Louisiana street entrance of the Niagara section of\nthe New York state thruway; and\n (l) Within a distance of 1700 feet measured along that portion of the\nRiver Road, New York state touring route 266, also known as state\nhighway 129, lying generally southerly of the South Grand Island\nBridges, such distance to be measured from the point where the southern\nmost access road to New York state thruway station no. 17 intersects\nwith said River Road; and\n (m) Within a distance of 0.6 miles extending north along New York\nstate route 233 from a point where such route 233 intersects with the\nexit or entrance designated number thirty-two of the New York state\nthruway at Westmoreland in Oneida county.\n (n) Within a route from the thruway toll booth at the New York state\nthruway exit 21-B and along the access road to route 9-W, and thence\n1500 feet along route 9-W to be measured in a northerly direction from\nthe point where such thruway access road intersects route 9-W.\n (o) (i) Within a distance of 0.8 miles from exit B-1 of the New York\nstate thruway Berkshire Spur, such distance to be measured in a\nnortherly direction from the point where state route 9 intersects the\nsouthern most access ramp leading to the New York state thruway.\n (ii) Within a distance of 1.6 miles from the exit B-1 of the New York\nstate thruway Berkshire Spur, with such distance being measured in a\nnortherly direction from the point where state route 9 intersects the\nsouthern most access ramp leading to the New York state thruway, upon a\ndetermination by the commissioner of transportation that the vehicle or\ncombination of vehicles could operate safely upon such route and that no\napplicable federal law, regulation or other requirement prohibits the\noperation of such vehicle or combination of vehicles on such route.\n (p) Within a distance of .45 miles measured along James E. Casey Drive\nin the city of Buffalo such distance to be measured in a northerly\ndirection from Dingens street.\n (q) Within approximately one mile of the thruway toll booth at the New\nYork state thruway exit 23 in a northerly direction along interstate\nroute 787 to the first "Port of Albany" exit, and right on Church street\nsouth approximately one-half mile to the south end of the Mobil terminal\nfacility and return from Church street entering interstate route 787 in\na southerly direction to interchange 23 of the New York state thruway.\n (r) On any route designated by the commissioner of transportation\nwithin a radius of six thousand six hundred feet of any exit or entrance\ndesignated interchange 26 of the New York state thruway, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n * (s) Over a route extending east and west across New York state route\n414 from the New York state thruway exit 41 to the terminus of the exit\n41 on and off ramps for a distance of approximately 100 feet across\nroute 414 and within approximately .1 miles of the on and off ramp of\nexit 41 of the New York state thruway. Nothing contained in this\nprovision shall be construed to permit these vehicles or combination of\nvehicles to turn on to route 414 or to travel along route 414.\n * NB There are 2 (s)'s\n * (s) Within a distance of three hundred twenty-five feet, measured\nalong Stew Leonard drive in the city of Yonkers, such distance to be\nmeasured in a west-east direction from the point where Stew Leonard\ndrive intersects with the southbound off-ramp and the northbound on-ramp\nof interchange 6A of the New York state thruway.\n * NB There are 2 (s)'s\n (t) Over a route extending south on New York state route 332 between\nNew York state thruway exit number 44 and its intersection with Gateway\ndrive and west on Gateway Drive to its intersection with Plastermill\nRoad and east on Plastermill Road to its intersection with Loomis Road\nand east on Loomis road between said intersection and no. 5923 Loomis\nroad, a distance of approximately 1.6 miles, and west on Loomis road\nbetween 5923 Loomis road and its intersection with New York state route\n332 and thence north on New York state route 332 to New York state\nthruway exit number 44, a distance of approximately 1.1 miles, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n (u) Over a route extending north and on New York state route 77\nbetween New York state thruway exit number 48-a and the overpass of the\nNew York state thruway, and south on New York state route 77, a distance\nof approximately .5 miles, where the commissioner of transportation\ndetermines that the vehicle or combination of vehicles could operate\nsafely along the designated route and that no applicable federal law,\nregulation or other requirement prohibits the operation of such vehicle\nor combination of vehicles on such route.\n (v) Within a distance of approximately one mile from the New York\nstate thruway interchange 24 traveling along interstate route 90 to\ninterchange 2 Washington avenue, and to Washington avenue traveling\nwestbound to Fuller road in a northerly direction to interstate route 90\ntraveling to interchange 24 of the New York state thruway, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n (w) Within a distance of approximately 1.9 miles from the New York\nstate thruway interchange 25A, traveling in a westbound direction along\ninterstate route 88 to exit 25 to state route 7, and to a left on Becker\nroad traveling in a southbound direction on Becker road for\napproximately .2 miles to the New York state thruway interchange 25A\ntandem lot access road, or to the intersection of Becker road and state\nroute 7, and traveling in an eastbound direction for approximately 1.4\nmiles on state route 7 to the intersection of state route 7 and\nDunnsville road and then traveling in a southbound direction on\nDunnsville road for approximately .3 miles where the commissioner of\ntransportation determines that the vehicle or combination of vehicles\ncould operate safely along the designated route and that no applicable\nfederal law, regulation or other requirement prohibits the operation of\nsuch vehicle or combination of vehicles on such route.\n (x) Within a distance of approximately 2.2 miles from the New York\nstate thruway interchange 34A traveling in a southbound direction along\ninterstate route 481 to interstate 481 exit 5E Kirkville road east along\nstate route 53 Kirkville road in an eastbound direction to interstate\nroute 481 traveling northbound to exit 6 to interchange 34A of the New\nYork state thruway, where the commissioner of transportation determines\nthat the vehicle or combination of vehicles could operate safely along\nthe designated route and that no applicable federal law, regulation or\nother requirement prohibits the operation of such vehicle or combination\nof vehicles on such route.\n (y) Within a distance of approximately .8 miles from the New York\nstate thruway interchange 35, traveling approximately 200 feet around\nCarrier circle to traveling northbound on Thompson road for\napproximately 1000 feet, or traveling southbound on Thompson road\napproximately 100 feet, to traveling westbound on Tarbell road for\napproximately .5 miles to reenter at the Dewitt service area of the New\nYork state thruway where the commissioner of transportation determines\nthat the vehicle or combination of vehicles could operate safely along\nthe designated route and that no applicable federal law, regulation or\nother requirement prohibits the operation of such vehicle or combination\nof vehicles on such route.\n (z) Within a distance of approximately one mile from the New York\nstate thruway interchange 36 traveling in a southbound direction on\ninterstate 81 to interstate 81 exit 25 7th North street, and traveling\neastbound on 7th North street to interstate 81 traveling in a northbound\ndirection to interchange 36 of the New York state thruway, where the\ncommissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n (aa) Within a distance of approximately .6 miles from the New York\nstate thruway interchange 39 traveling eastbound on interstate 690 to\ninterstate 690 exit 2 Jones road in a northbound direction to state\nroute 690 north to interchange 39 of the New York state thruway, where\nthe commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n (bb) Within a distance of approximately .5 miles from the New York\nstate thruway interchange 45, traveling on interstate 490 to interstate\n490 exit 29, in a southwesterly direction along New York state route 96\nto the point where New York state route 96 intersects with the entrance\nramp to the New York state thruway interchange 45, and for approximately\n..2 miles along this entrance ramp to the New York state thruway\ninterchange 45, where the commissioner of transportation determines that\nthe vehicle or combination of vehicles could operate safely along the\ndesignated route and that no applicable federal law, regulation or other\nrequirement prohibits the operation of such vehicle or combination of\nvehicles on such route.\n (cc) Within a distance of approximately .6 miles from the New York\nstate thruway interchange 46, traveling in a northeasterly direction on\nthe ramp from the New York state thruway interchange 46 to interstate\n390 north exit to New York state route 253, Lehigh Station road, for a\ndistance of approximately .5 miles along the ramp from interstate 390\nnorth exit to New York state route 253, Lehigh Station road, for a\ndistance of approximately .6 miles in a westerly direction along New\nYork state route 253, Lehigh Station road, to the intersection of New\nYork state route 253 with New York state route 15, then for a distance\nof approximately .6 miles in a southerly direction along New York state\nroute 15, to the New York state thruway interchange 46 maintenance\nfacility entrance, where the commissioner of transportation determines\nthat the vehicle or combination of vehicles could operate safely along\nthe designated route and that no applicable federal law, regulation or\nother requirement prohibits the operation of such vehicle or combination\nof vehicles on such route.\n (dd) Within a distance of approximately .3 miles from the New York\nstate thruway interchange 47, traveling on interstate 490 to interstate\n490 exit 1, to a distance of approximately .2 miles along the ramp from\ninterstate 490 exit 1, for a distance of approximately .4 miles in a\nsouthwesterly direction to the entrance ramp of the New York state\nthruway interchange 47, where the commissioner of transportation\ndetermines that the vehicle or combination of vehicles could operate\nsafely along the designated route and that no applicable federal law,\nregulation or other requirement prohibits the operation of such vehicle\nor combination of vehicles on such route.\n (ee) Within a distance of approximately .6 miles from the New York\nstate thruway interchange 19, traveling in a westbound direction along\nroute 28 to route 209, and traveling in a southbound direction on route\n209 for approximately .1 miles to route 28, and traveling in an\neastbound direction on route 28 for approximately .8 miles to the New\nYork state thruway interchange 19 where the commissioner of\ntransportation determines that the vehicle or combination of vehicles\ncould operate safely along the designated route and that no applicable\nfederal law, regulation or other requirement prohibits the operation of\nsuch vehicle or combination of vehicles on such route.\n (ff) Within a distance of approximately .5 miles from the New York\nstate thruway interchange 31, traveling onto the ramp to Genesee street\nsouth for approximately 2800 feet to Genesee street north for\napproximately 275 feet to interchange 31 of the New York state thruway\nwhere the commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n (gg) Within a distance of approximately .2 miles from the New York\nstate thruway interchange 33 traveling westbound on state route 365 for\napproximately 900 feet to interchange 33 of the New York state thruway\nwhere the commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n (hh) Within a distance of approximately .15 miles from the New York\nstate thruway interchange 42 traveling on state route 14 for\napproximately 750 feet for travel to and from the thruway tandem lot and\ninterchange 42 where the commissioner of transportation determines that\nthe vehicle or combination of vehicles could operate safely along the\ndesignated route and that no applicable federal law, regulation or other\nrequirement prohibits the operation of such vehicle or combination of\nvehicles on such route.\n (ii) Within a distance of approximately .1 miles from the New York\nstate interchange 43 traveling on state route 21 for approximately 600\nfeet for travel to and from the thruway tandem lot and interchange 43\nwhere the commissioner of transportation determines that the vehicle or\ncombination of vehicles could operate safely along the designated route\nand that no applicable federal law, regulation or other requirement\nprohibits the operation of such vehicle or combination of vehicles on\nsuch route.\n 17-a. Except over any highway which is a part of a state interstate\nroute:\n (i) The following weight limits shall apply to any state or\nmunicipally owned single vehicle, equipped with pneumatic tires, engaged\nin snow and ice control operations on public highways, including the\nstockpiling of materials and abrasives therefor, with a plow, leveling\nwing, or material hopper installed:\n (a) The total weight on any one wheel, shall not be more than sixteen\nthousand pounds.\n (b) The total weight on a single axle, shall not be more than\nthirty-two thousand pounds.\n (c) The total weight on two consecutive axles, when such axles are\nspaced less than ten feet from center to center, shall not be more than\nforty-two thousand pounds.\n (d) The total weight on all axles of a two axle vehicle shall not be\nmore than fifty-two thousand pounds; the total weight on all axles of a\nthree axle vehicle shall not be more than sixty-two thousand pounds.\n (ii) The overall width of any state or municipally owned single\nvehicle, equipped with pneumatic tires, engaged in snow and ice control\noperations on public highways, shall not be more than twenty-five feet.\n (iii) The following weight limits shall apply to any state or\nmunicipally owned single vehicle, equipped with pneumatic tires,\ndesigned or fitted for snow and ice control operations, while engaged in\nother public works operations on public highways:\n (a) The total weight on any one wheel, shall not be more than sixteen\nthousand pounds.\n (b) The total weight on a single axle, shall not be more than\nthirty-two thousand pounds.\n (c) The total weight on two consecutive axles, when such axles are\nspaced less than ten feet from center to center, shall not be more than\nthirty-eight thousand pounds.\n (d) The total weight on all axles of a two axle vehicle shall not be\nmore than fifty-two thousand pounds; the total weight on all axles of a\nthree axle vehicle shall not be more than fifty-eight thousand pounds.\n 17-b. Except over any highway which is a part of a state interstate\nroute, the following weight limits shall apply to any fire vehicle\nequipped with pneumatic tires.\n (a) The total weight on any one wheel shall not be more than sixteen\nthousand pounds.\n (b) The total weight on a single axle shall not be more than\nthirty-two thousand pounds.\n (c) The total weight on two consecutive axles, when such axles are\nspaced less than ten feet from center to center, shall not be more than\nforty-two thousand pounds.\n (d) The total weight on all axles of a two axle vehicle shall not be\nmore than fifty-two thousand pounds.\n 18. Except as provided in subdivisions eighteen-a or nineteen of this\nsection, the violation of the provisions of this section including a\nviolation related to the operation, within a city not wholly included\nwithin one county, of a vehicle which exceeds the limitations provided\nfor in the rules and regulations of the city department of\ntransportation of such city, shall be punishable by a fine of not less\nthan two hundred nor more than five hundred dollars, or by imprisonment\nfor not more than thirty days, or by both such fine and imprisonment,\nfor the first offense; by a fine of not less than five hundred nor more\nthan one thousand dollars, or by imprisonment for not more than sixty\ndays, or by both such fine and imprisonment, for the second or\nsubsequent offense; provided that a sentence or execution thereof for\nany violation under this subdivision may not be suspended. For any\nviolation of the provisions of this section, including a violation\nrelated to the operation, within a city not wholly included within one\ncounty, of a vehicle which exceeds the limitations provided for in the\nrules and regulations of the city department of transportation of such\ncity, the registration of the vehicle may be suspended for a period not\nto exceed one year whether at the time of the violation the vehicle was\nin charge of the owner or his agent. The provisions of section five\nhundred ten of this chapter shall apply to such suspension except as\notherwise provided herein.\n 18-a. A violation of the provisions of subdivisions two or fourteen of\nthis section, where the violation relates to the height of the vehicle,\nincluding a violation related to the operation, within a city not wholly\nincluded within one county, of a vehicle which exceeds the limitations\nprovided for in the rules and regulations of the city department of\ntransportation of such city, shall be punishable by a fine of not more\nthan one thousand dollars, or by imprisonment for not more than thirty\ndays, or by both such fine and imprisonment, for the first offense; by a\nfine of not more than two thousand dollars, or by imprisonment for not\nmore than sixty days, or by both such fine and imprisonment, for the\nsecond or subsequent offense; provided that a sentence or execution\nthereof for any violation under this subdivision may not be suspended.\nFor any violation of the provisions of subdivisions two or fourteen of\nthis section where the violation relates to the height of the vehicle,\nincluding a violation related to the operation, within a city not wholly\nincluded within one county, of a vehicle which exceeds the limitations\nprovided for in the rules and regulations of the city department of\ntransportation of such city, the registration of the vehicle may be\nsuspended for a period not to exceed one year whether at the time of the\nviolation the vehicle was in charge of the owner or his agent. The\nprovisions of section five hundred ten of this chapter shall apply to\nsuch suspension except as otherwise provided herein.\n 19. (a) A violation of the provisions of subdivision eight, nine, or\nten of this section by any vehicle or combination of vehicles whose\nweight exceeds the weight limitations as set forth in this section, or a\nviolation of such rules and regulations, by any vehicle or combination\nof vehicles whose weight exceeds the weight limitations as set forth in\nthis section or such rules and regulations, or a violation of the weight\nlimitations specified by permit issued pursuant to subdivision fifteen\nof this section shall be punishable by fines levied on the registered\nowner of the vehicle or vehicles, whether at the time of the violation\nthe vehicle was in the charge of the registered owner or the owner's\nagent or lessee in accordance with the following schedule:\n Percent of excess weight Amount of fine\n (percentage) (dollars)\n greater than less than or equal to\n 0 2.0 150\n 2.0 4.0 300\n 4.0 6.0 450\n 6.0 7.0 525\n 7.0 8.0 600\n 8.0 10.0 750\n 10.0 12.0 950\n 12.0 14.0 1,150\n 14.0 16.0 1,350\n 16.0 18.0 1,550\n 18.0 20.0 1,750\n 20.0 22.0 1,950\n 22.0 24.0 2,150\n 24.0 26.0 2,350\n 26.0 28.0 2,550\n 28.0 30.0 2,750\n 30.0 32.0 2,950\n 32.0 34.0 3,150\n 34.0 36.0 3,350\n 36.0 38.0 3,550\n 38.0 40.0 3,750\n 40.0 3,750\n or greater plus $125 for\n each percent\n over 40 percent\n(NOTE: Where the total weight, axle weight or axle grouping weight is\ngreater than seven percent including any applicable enforcement scale\ntolerance in excess of the limits specified by a permit in areas outside\na city not wholly contained in one county, the permit shall be deemed\nvoided and then the amount of fine shall be determined in accordance\nwith the maximum weight which would have been in effect for the\noperation of such vehicle if the permit to exceed such maximum weight\nhad not been issued.\n (b) For violations to which the penalties set forth in paragraph (a)\nof this subdivision apply, in connection with the weighing of a vehicle\nor combination of vehicles, if it is found that there is a violation of\nsubdivision ten of this section and also of subdivision eight or nine of\nthis section, or both subdivisions eight and nine of this section, there\nshall be a single fine imposed and the maximum amount of such fine shall\nnot exceed the highest fine that could be imposed under this\nsubdivision.\n (c) Notwithstanding paragraphs (a) and (b) of this subdivision, a\nviolation of the provisions of subdivision ten of this section in a city\nnot wholly included within one county or of the provisions of the rules\nor regulations of the city department of transportation setting forth\nthe maximum allowable gross weight for the operation of a vehicle in\nsuch city without a permit for such vehicle, by any vehicle or\ncombination of vehicles whose weight exceeds the weight limitations as\nset forth in this section, or such rules and regulations, or the weight\nlimitations specified by permit issued pursuant to subdivision fifteen\nof this section (excluding enforcement scale tolerance not to exceed\nfive percent) shall be punishable by fines levied on the registered\nowner of the vehicle or vehicles, whether at the time of the violation\nthe vehicle was in the charge of the registered owner or his agent or\nlessee in accordance with the following schedule:\nEXCESS TOTAL WEIGHT\n (pounds) Amount of Fine\n GREATER THAN LESS THAN OR EQUAL TO (DOLLARS)\n 0 2,000 50\n 2,000 3,000 75\n 3,000 4,000 100\n 4,000 5,000 200\n 5,000 6,000 300\n 6,000 7,000 400\n 7,000 8,000 500\n 8,000 9,000 600\n 9,000 10,000 700\n 10,000 15,000 1,200\n 15,000 20,000 1,700\n 20,000 25,000 2,200\n 25,000 30,000 2,700\n 30,000 35,000 3,200\n 35,000 40,000 3,700\n 40,000 45,000 4,200\n 45,000 50,000 or greater 4,700\n(NOTE: Where the excess total weight is greater than the limits\nspecified by a permit, the permit shall be deemed voided and then the\namount of fine shall be determined in accordance with the maximum weight\nwhich would have been in effect for the operation of such vehicle if the\npermit to exceed such maximum weight had not been issued.)\n (d) Notwithstanding paragraphs (a) and (b) of this subdivision, a\nviolation of the provisions of subdivisions eight and nine of this\nsection in a city not wholly included within one county or of the\nprovisions of the rules or regulations of the city department of\ntransportation setting forth the maximum allowable axle or tandem axle\nweight for the operation of a vehicle in such city without a permit for\nsuch vehicle, by any vehicle or combination of vehicles whose weight\nexceeds the weight limitations as set forth in this section, or such\nrules or regulations, or the weight limitations specified by permit\nissued pursuant to subdivision fifteen of this section shall be\npunishable by fines levied on the registered owner of the vehicle or\nvehicles, whether at the time of the violation the vehicle was in the\ncharge of the registered owner, or his agent, or lessee, in accordance\nwith the following schedule:\nPercentage of excess weight\n (PERCENTAGE) AMOUNT OF FINE\n GREATER THAN LESS THAN OR EQUAL TO (DOLLARS)\n 0 5.0 100\n 5.0 10.0 200\n 10.0 15.0 350\n 15.0 20.0 600\n 20.0 25.0 1000\n 25.0 30.0 1600\n 30.0 35.0 2450\n 35.0 40.0 3600\n 40.0 45.0 5100\n 45.0 7000\n(NOTE: Where the excess axle or axles weight is greater than the limits\nspecified by a permit, the permit shall be deemed voided and then the\namount of fine shall be determined in accordance with the maximum weight\nwhich would have been in effect for the operation of such vehicle if the\npermit to exceed such maximum weight had not been issued.)\n (e) In addition to the fines imposed by paragraphs (a), (c) and (d) of\nthis subdivision, the registration of the vehicle may be suspended for a\nperiod not to exceed one year, whether at the time of the violation of\nthis section the vehicle was in charge of the owner or the owner's\nagent, or lessee. The provisions of section five hundred ten of this\nchapter shall apply to such suspension, except as otherwise provided\nherein.\n (f) If the vehicle is the subject of a permit issued pursuant to\nparagraph (f) of subdivision fifteen of this section and if the\nregistered owner of a vehicle fails to appear on the return date or\nsubsequent adjourned date of a summons, appearance ticket or notice of\nviolation issued pursuant to this subdivision or fails to pay a fine\nimposed pursuant to this subdivision, the registration of the vehicle or\nthe privilege of operating the vehicle in this state shall be suspended\nfor a period not to exceed one year. The suspension shall remain in\neffect until the registered owner's appearance or payment of the fine.\nThe commissioner or the commissioner's agent may deny a registration\napplication of any other person for the same vehicle where the\ncommissioner has reasonable grounds to believe that such registration\nwill have the effect of defeating the purpose of this paragraph.\n 20. Notwithstanding the provisions of sections three hundred\neighty-five, sixteen hundred thirty, sixteen hundred thirty-one, sixteen\nhundred forty, sixteen hundred forty-two, sixteen hundred fifty and\nsixteen hundred sixty of this chapter, nor of any other law, statute,\nordinance, rule or regulation, the state, a city, county, town, village,\npublic authority, including the port of New York and New Jersey\nauthority, or commission, or any department, agency, subdivision or\nother entity thereof, shall not enact nor enforce any law, statute,\nordinance, rule or regulation with respect to vehicle dimensions or\nweights which shall violate any of the provisions of the federal surface\ntransportation assistance act of nineteen hundred eighty-two. Any such\nlaw, statute, ordinance, rule or regulation which results in a\nnotification of an imminent loss or withholding of federal highway aid\nto the state shall to the degree inconsistent hereafter be deemed null\nand void and shall not be enforced.\n 20-a. If a vehicle or combination of vehicles is operated in violation\nof this section, an appearance ticket or summons may be issued to the\nregistrant of the vehicle, or if a combination of vehicles, to the\nregistrant of the hauling vehicle rather than the operator. In the event\nthe vehicle is operated by a person other than the registrant, any\nappearance ticket or summons issued to the registrant shall be served\nupon the operator, who shall be deemed the agent of the registrant for\nthe purpose of receiving such appearance ticket or summons. Such\noperator-agent shall transmit such ticket or summons to the registrant\nof the vehicle or the hauling vehicle. If the registrant does not appear\non the return date, a notice establishing a new return date and either\ncontaining all pertinent information relating to the charge which is\ncontained on the summons or appearance ticket or accompanied by a copy\nof the information or complaint shall also be mailed by certified or\nregistered mail by or on behalf of the court or administrative tribunal\nbefore whom the appearance ticket or summons is returnable to the\nregistrant at the address given on the registration certificate for the\nvehicle, or if no registration certificate is produced at the time the\nappearance ticket or summons is issued, to the address of the registrant\non file with the department or given to the person issuing the\nappearance ticket or summons. Whenever proceedings in a court or\nadministrative tribunal of this state result in a conviction for a\nviolation of this section, and the court or administrative tribunal has\nmade the mailing specified herein, the court or administrative tribunal\nshall levy a mandatory surcharge, in addition to any sentence or other\nsurcharge required or permitted by law, in the amount of thirty dollars.\nThis mandatory surcharge shall be paid to the clerk of the court or\nadministrative tribunal that rendered the conviction. Within the first\nten days of the month following collection of the mandatory surcharge by\na town or village court, the court shall pay such money to the state\ncomptroller who shall, pursuant to subdivision two of section\nninety-nine-a of the state finance law, credit such money to the account\nof the town or village which sent the mandatory surcharge. If such\ncollecting authority is any other court of the unified system or\nadministrative tribunal it shall, within such period, pay such money to\nthe state comptroller who shall deposit such money into the state\ntreasury. The provisions of this subdivision shall not apply to\nowner-operators of any motor vehicle or to any motor vehicle or trailer\nwhich is registered in the name of a person whose principal business is\nthe lease or rental of motor vehicles or trailers unless the motor\nvehicle or trailer is being operated by an employee of the registrant or\nfor a community of interest other than the lease or rental agreement\nbetween the parties to the lease or rental agreement.\n 21. The court may impose any sentence authorized by this chapter\nprovided, however, any such sentence must include a fine as provided in\nthis section.\n 22. In any case wherein the charge laid before the court alleges a\nviolation of this section, any plea of guilty thereafter entered in\nsatisfaction of such charge must include at least a plea of guilty to a\nviolation of one of the subdivisions of this section. No other\ndisposition by plea of guilty to any other charge in satisfaction of\nsuch charge shall be authorized. Provided, however, if the district\nattorney upon reviewing the available evidence determines that the\ncharge of a violation of this section is not warranted, or suspension of\nregistration is not, under the circumstances, appropriate he may\nconsent, and the court may allow, a disposition by plea of guilty to\nthat or another charge in satisfaction of such charge and, may waive\nsuspension of registration as required by this section, provided,\nhowever, the court must impose at least the minimum fine as authorized\nin this section for the offense of conviction.\n 23. Except on highways designated as part of the interstate system,\nthe provisions of subdivisions six, seven, eight, nine, ten, eleven and\ntwelve of this section shall not apply to any fire vehicle, as such term\nis defined in section one hundred fifteen-a of this chapter.\n 24. The provisions of subdivisions six, seven, eight, nine, ten,\neleven and twelve of this section shall not apply to any tow truck that\nis transporting a disabled vehicle from the place where such vehicle\nbecame disabled to the nearest appropriate repair facility and has a\ngross vehicle weight that is equal to or exceeds the gross vehicle\nweight of the disabled vehicle being transported.\n