Bill Text: NY A03220 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the vehicle and traffic law, in relation to the violation of weight standards for vehicles
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-23 - referred to transportation [A03220 Detail]
Download: New_York-2009-A03220-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3220 2009-2010 Regular Sessions I N A S S E M B L Y January 23, 2009 ___________ Introduced by M. of A. EDDINGTON -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to the violation of weight standards for vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (a), (c) and (d) of subdivision 19 of section 2 385 of the vehicle and traffic law, paragraph (a) as added by section 6 3 of part C and the opening paragraphs of paragraphs (c) and (d) as 4 amended by section 7 of part C of chapter 59 of the laws of 2004, para- 5 graphs (c) and (d) as added by chapter 929 of the laws of 1985, are 6 amended to read as follows: 7 (a) A violation of the provisions of subdivision eight, nine, or ten 8 of this section by any vehicle or combination of vehicles whose weight 9 exceeds the weight limitations as set forth in this section, or a 10 violation of such rules and regulations, by any vehicle or combination 11 of vehicles whose weight exceeds the weight limitations as set forth in 12 this section or such rules and regulations, or a violation of the weight 13 limitations specified by permit issued pursuant to subdivision fifteen 14 of this section shall be punishable by fines levied on the registered 15 owner of the vehicle or vehicles, REGARDLESS whether at the time of the 16 violation the vehicle was in the charge of the registered owner or the 17 owner's agent or lessee in accordance with the following schedule: 18 Percent of excess Amount of FIRST SECOND AND 19 weight (percentage) less than fine OFFENSE SUBSEQUENT 20 greater than or equal to (dollars) OFFENSES 21 0 2.0 [150] 300 1500 22 2.0 4.0 [300] 600 3,000 23 4.0 6.0 [450] 900 4,000 24 6.0 7.0 [525] 1,050 5,250 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04657-01-9 A. 3220 2 1 7.0 8.0 [600] 1,200 6,000 2 8.0 10.0 [750] 1,500 7,500 3 10.0 12.0 [950] 1,900 9,500 4 12.0 14.0 [1,150] 2,300 11,500 5 14.0 16.0 [1,350] 2,700 13,500 6 16.0 18.0 [1,550] 3,100 15,500 7 18.0 20.0 [1,750] 3,500 17,500 8 20.0 22.0 [1,950] 3,900 19,500 9 22.0 24.0 [2,150] 4,300 21,500 10 24.0 26.0 [2,350] 4,700 23,500 11 26.0 28.0 [2,550] 5,100 25,500 12 28.0 30.0 [2,750] 5,500 27,500 13 30.0 32.0 [2,950] 5,900 29,500 14 32.0 34.0 [3,150] 6,300 31,500 15 34.0 36.0 [3,350] 6,700 33,500 16 36.0 38.0 [3,550] 7,100 35,500 17 38.0 40.0 [3,750] 7,500 37,500 18 40.0 [3,750] 7,500 37,500 19 or greater [plus $125 for 20 each percent 21 over 40 percent] 22 (NOTE: Where the total weight, axle weight or axle grouping weight is 23 greater than seven percent including any applicable enforcement scale 24 tolerance in excess of the limits specified by a permit in areas outside 25 a city not wholly contained in one county, the permit shall be deemed 26 voided and then the amount of fine shall be determined in accordance 27 with the maximum weight which would have been in effect for the opera- 28 tion of such vehicle if the permit to exceed such maximum weight had not 29 been issued.) 30 (c) Notwithstanding paragraphs (a) and (b) of this subdivision, a 31 violation of the provisions of subdivision ten of this section in a city 32 not wholly included within one county or of the provisions of the rules 33 or regulations of the city department of transportation setting forth 34 the maximum allowable gross weight for the operation of a vehicle in 35 such city without a permit for such vehicle, by any vehicle or combina- 36 tion of vehicles whose weight exceeds the weight limitations as set 37 forth in this section, or such rules and regulations, or the weight 38 limitations specified by permit issued pursuant to subdivision fifteen 39 of this section (excluding enforcement scale tolerance not to exceed 40 five percent) shall be punishable by fines levied on the registered 41 owner of the vehicle or vehicles, REGARDLESS whether at the time of the 42 violation the vehicle was in the charge of the registered owner or his 43 agent or lessee in accordance with the following schedule: 44 Excess Total Amount of FIRST SECOND AND 45 Weight (pounds) less than Fine OFFENSE SUBSEQUENT 46 greater than or equal to (dollars) OFFENSES 47 0 2,000 [50] 100 500 48 2,000 3,000 [75] 150 750 49 3,000 4,000 [100] 200 1,000 50 4,000 5,000 [200] 400 2,000 51 5,000 6,000 [300] 600 3,000 52 6,000 7,000 [400] 800 4,000 53 7,000 8,000 [500] 1,000 5,000 54 8,000 9,000 [600] 1,200 6,000 A. 3220 3 1 9,000 10,000 [700] 1,400 7,000 2 10,000 15,000 [1,200] 2,400 12,000 3 15,000 20,000 [1,700] 3,400 17,000 4 20,000 25,000 [2,200] 4,400 22,000 5 25,000 30,000 [2,700] 5,400 27,000 6 30,000 35,000 [3,200] 6,400 32,000 7 35,000 40,000 [3,700] 7,400 37,000 8 40,000 45,000 [4,200] 8,400 42,000 9 45,000 50,000 or greater [4,700] 9,400 47,000 10 (NOTE: Where the excess total weight is greater than the limits speci- 11 fied by a permit, the permit shall be deemed voided and then the amount 12 of fine shall be determined in accordance with the maximum weight which 13 would have been in effect for the operation of such vehicle if the 14 permit to exceed such maximum weight had not been issued.) 15 (d) Notwithstanding paragraphs (a) and (b) of this subdivision, a 16 violation of the provisions of subdivisions eight and nine of this 17 section in a city not wholly included within one county or of the 18 provisions of the rules or regulations of the city department of trans- 19 portation setting forth the maximum allowable axle or tandem axle weight 20 for the operation of a vehicle in such city without a permit for such 21 vehicle, by any vehicle or combination of vehicles whose weight exceeds 22 the weight limitations as set forth in this section, or such rules or 23 regulations, or the weight limitations specified by permit issued pursu- 24 ant to subdivision fifteen of this section shall be punishable by fines 25 levied on the registered owner of the vehicle or vehicles, REGARDLESS 26 whether at the time of the violation the vehicle was in the charge of 27 the registered owner, or his agent, or lessee, in accordance with the 28 following schedule: 29 Percent of excess Amount of FIRST SECOND AND 30 weight (percentage) less than Fine OFFENSE SUBSEQUENT 31 greater than or equal to (dollars) OFFENSES 32 0 5.0 [100] 200 1,000 33 5.0 10.0 [200] 400 2,000 34 10.0 15.0 [350] 700 3,500 35 15.0 20.0 [600] 1,200 6,000 36 20.0 25.0 [1000] 2,000 10,000 37 25.0 30.0 [1600] 3,200 16,000 38 30.0 35.0 [2450] 4,900 24,500 39 35.0 40.0 [3600] 7,200 36,000 40 40.0 45.0 [5100] 10,200 51,000 41 45.0 [7000] 14,000 70,000 42 (NOTE: Where the excess axle or axles weight is greater than the limits 43 specified by a permit, the permit shall be deemed voided and then the 44 amount of fine shall be determined in accordance with the maximum weight 45 which would have been in effect for the operation of such vehicle if the 46 permit to exceed such maximum weight had not been issued.) 47 S 2. This act shall take effect immediately.