New York State Law

Vehicle and Traffic Law

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Article 10 - NY Vehicle and Traffic Law

DIMENSIONS AND WEIGHTS OF VEHICLES

Section Description
385Dimensions and weights of vehicles.
386Motor vehicle sound level limits.
S  385. Dimensions and weights of vehicles. No person shall operate or
  move, or cause or knowingly permit  to  be  operated  or  moved  on  any
  highway  or  bridge  thereon, in any county not wholly included within a
  city, any vehicle or  combination  of  vehicles  of  a  size  or  weight
  exceeding  the  limitations  provided  for  in  this  section. Except as
  otherwise specifically provided in subdivision fifteen of this  section,
  no  person  shall  operate  or  move, or cause or knowingly permit to be
  operated or moved on any highway or bridge  thereon,  in  any  city  not
  wholly  included  within  one  county,  any  vehicle  or  combination of
  vehicles of a size or weight exceeding the limitations provided  for  in
  the  rules  and  regulations of the city department of transportation of
  such city adopted pursuant to section sixteen hundred forty-two of  this
  chapter.
    1.  (a)  (i)  The  width of a vehicle, inclusive of load, shall be not
  more than ninety-six inches plus safety devices, except that the maximum
  width of a vehicle, inclusive of load, shall be one hundred two  inches,
  plus  safety  devices,  on any qualifying or access highway. Except in a
  city not wholly included within one  county,  the  maximum  width  of  a
  vehicle, inclusive of load shall not be more than one hundred two inches
  plus  safety devices on any other highway with traffic lanes designed to
  be a width of ten feet or more.
    (ii) If the legislative body of a county not wholly contained within a
  city determines that any specific segment of the state highway system is
  not capable of safely accommodating motor vehicles with a width  of  one
  hundred  two  inches,  plus  safety  devices,  such  body may notify the
  commissioner of transportation of such determination  and  request  that
  the  commissioner designate such segment as one where the width of motor
  vehicles may not exceed ninety-six inches, plus safety devices.
    Before making such notification, such county  legislative  body  shall
  consult  with  units  of local government within the county in which the
  specific segment of such system  is  located,  as  well  as  the  county
  legislative  body  of  any county adjacent to the requesting county that
  might  be  directly  affected  by  such  exemption.  As  part  of   such
  consultations, consideration shall be given to any potential alternative
  route that:
    (A)  can safely accommodate motor vehicles having the widths set forth
  in this paragraph; and
    (B) serves the area in which such segment is located.
    The county legislative body  shall  transmit  with  such  notification
  specific  evidence  of  safety problems that supports such determination
  and the results of consultations regarding any alternative route.
    If the commissioner of transportation determines, upon  request  by  a
  county  legislative  body  or on the commissioner's own initiative, that
  any segment of the  state  highway  system  is  not  capable  of  safely
  accommodating  motor  vehicles  having  the  widths  set  forth  in this
  paragraph,  the  commissioner  shall  exempt  such  segment   from   the
  provisions of this paragraph.
    (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
  apply to vehicles and  implements  or  combinations  thereof,  not  over
  twelve  feet in width and used solely for farm purposes, except upon any
  highway at any time on which operation is prohibited  by  order  of  the
  department of transportation.
    (c)  The  provisions  of  paragraph  (a) of this subdivision shall not
  apply to vehicles and implements or combinations thereof, between twelve
  and up to seventeen feet in width, used solely for  farm  purposes  when
  the following requirements are met:
    (i)  the  vehicle  and  implement  or  combination thereof is operated
  during the period from one-half hour before  sunrise  to  one-half  hour
  after sunset;
    (ii)  red or orange fluorescent flags not smaller than eighteen inches
  square, and reflectors are placed on the extreme corners of the load;
    (iii)  two  flashing  amber  lights  in  compliance  with  regulations
  prescribed  by  the  commissioner  of transportation are attached to the
  rear of the load or, if the vehicle hauling such implement  is  equipped
  with  hazard  lights  which  are visible from the rear of the load, such
  lights are flashing; and
    (iv) if the vehicle or load  extends  beyond  the  center  line  of  a
  highway or if the vehicle is being operated during any time when, due to
  rain,  sleet,  snow,  hail,  fog,  insufficient  light, or for any other
  reason, visibility for a distance of one  thousand  feet  ahead  is  not
  clear,  the  vehicle  is preceded by an escort vehicle which is equipped
  with a warning sign and flashing lights in compliance  with  regulations
  prescribed by the commissioner of transportation.
    (d)  The  provisions  of  paragraph  (a) of this subdivision shall not
  apply to vehicles and  implements  or  combinations  thereof,  not  over
  thirteen feet in width and designed and intended for use solely for farm
  purposes  when owned or in the possession of a dealer in farm implements
  and equipment, during the same period and under the same conditions  and
  restrictions  as  set  forth  in  paragraph (b) of this subdivision; nor
  shall paragraph (a) of this subdivision apply to the  transportation  of
  such  vehicles, implements and combinations thereof as a load on another
  vehicle, such vehicle and load not to exceed  thirteen  feet  in  width,
  during the same period and under the same conditions and restrictions as
  set forth in paragraph (b) of this subdivision.
    (e)  The  provisions  of  paragraph  (a) of this subdivision shall not
  apply to omnibuses or  buses  used  solely  for  the  transportation  of
  children  to  and from school, but the width of such omnibuses shall not
  exceed ninety-eight inches.
    (f)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision,  the maximum width for omnibuses or buses having a carrying
  capacity of more than seven passengers shall not exceed one hundred  two
  inches,  provided,  however,  that  when omnibuses or buses are operated
  wholly within a city, such city may,  by  local  law  or  ordinance  but
  subject  to  paragraph  (h)  of  this  subdivision,  limit  the width of
  omnibuses or buses to not more than ninety-eight inches.
    (g)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision,  racks for carrying hay, straw or unthreshed grain may have
  a width of ten feet at the top of the rack. In no case shall  the  width
  at  the  base  of  the rack exceed one hundred two inches, nor shall the
  width of a rack exceed one hundred two inches  at  any  portion  thereof
  while on any qualifying highway.
    (h)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this
  subdivision, a house coach used for non-commercial purposes  may  exceed
  the  maximum width applicable on the highway upon which such house coach
  is traveling if such excess width is wholly attributable  to  an  awning
  and  its  support  hardware that is no less than seven and one-half feet
  off the ground and extends no more than six inches beyond  the  body  of
  the vehicle on the passenger side and four inches beyond the body of the
  vehicle  on the driver's side. A fifth wheel trailer designed to provide
  temporary living quarters for recreational, camping, or travel  use  not
  to  exceed  four  hundred  square  feet  in the set-up mode and used for
  non-commercial purposes may exceed the maximum width applicable  on  the
  highway  upon which such fifth wheel trailer is traveling if such excess
  width is wholly attributable to an awning and its support hardware  that
  is  no  less  than seven and one-half feet off the ground and extends no
  more than six inches beyond the body of the  vehicle  on  the  passenger
  side.  This  provision  shall  not apply to any city not wholly included
  within  one  county  except  such house coaches and fifth wheel trailers
  used for non-commercial purposes may be  operated  on  that  portion  of
  interstate   ninety-five   which   connects   interstate   two   hundred
  eighty-seven with interstate two hundred ninety-five,  that  portion  of
  interstate two hundred ninety-five which connects interstate ninety-five
  with  interstate four hundred ninety-five and that portion of interstate
  four  hundred  ninety-five  between  interstate  ninety-five   and   the
  Nassau-Queens county line.
    (i)  The  commissioner of transportation may promulgate such rules and
  regulations as  shall  be  necessary  or  desirable  to  effectuate  the
  provisions of this subdivision.
    2.  The height of a vehicle from under side of tire to top of vehicle,
  inclusive of load, shall be not more than thirteen  and  one-half  feet.
  Any damage to highways, bridges or highway structures resulting from the
  use  of  a  vehicle  exceeding thirteen feet in height where such excess
  height is the proximate cause of the accident shall be  compensated  for
  by the owner and operator of such vehicle.
    3.  (a) The length of a single vehicle, inclusive of load and bumpers,
  shall be not more than forty feet  unless  otherwise  provided  in  this
  subdivision.
    (b)   The  length  of  a  semitrailer  or  trailer  shall  not  exceed
  forty-eight feet provided, however, that the length of  any  trailer  or
  semitrailer  being  operated  in  combination  with  another  trailer or
  semitrailer shall not exceed twenty-eight and one-half feet.  A  B-train
  assembly  shall  be  excluded  from  the  measurement of the length of a
  semitrailer when such semitrailer is in use between the tractor and  the
  second  semitrailer  in a tractor-semitrailer-semitrailer combination of
  vehicles.
    (c) The length of buses having a carrying capacity of more than  seven
  passengers  shall  not exceed forty-five feet, except that the length of
  articulated buses shall not exceed sixty-two feet.  A house coach  shall
  not  exceed forty-five feet in length, provided however, that if a house
  coach exceeds forty feet in length, its  wall-to-wall  turning  diameter
  shall not exceed ninety feet three inches and moreover, such house coach
  shall  have  permanently affixed to its body on the front passenger side
  door jamb, a data-plate on which the house coach manufacturer  indicates
  the  vehicle identification number and wall-to-wall turning diameter and
  attests to the fact that the wall-to-wall turning diameter is calculated
  in accordance with the Society of Automotive Engineers J-695 Standard as
  such standard existed on  June  first,  two  thousand  three,  regarding
  turning  capability.  In  the  event  such  a house coach exceeds either
  twenty-six thousand pounds gross vehicle weight rating, is greater  than
  forty  feet  in length or exceeds both, the operator of such house coach
  must have a driver's license with a personal use vehicle endorsement  as
  set  forth  in subparagraph (vii) of paragraph (b) of subdivision two of
  section five hundred one of the this chapter. This provision  shall  not
  apply  to  any  city  not  wholly included within one county except such
  house coaches and fifth wheel trailers used for non-commercial  purposes
  may be operated on that portion of interstate ninety-five which connects
  interstate   two   hundred  eighty-seven  with  interstate  two  hundred
  ninety-five, that portion of interstate two  hundred  ninety-five  which
  connects interstate ninety-five with interstate four hundred ninety-five
  and   that  portion  of  interstate  four  hundred  ninety-five  between
  interstate ninety-five and the Nassau-Queens county line.
    (d) The provisions  of  this  subdivision  shall  not  apply  to  fire
  vehicles.
    (e)  Except  in  any  city  not wholly included within one county, any
  semitrailer with a  length  in  excess  of  forty-eight  feet,  but  not
  exceeding fifty-three feet, may be operated on any qualifying highway or
  specifically  designated  access  highway  if  the  distance between the
  kingpin of the semitrailer and the centerline of the rear axle does  not
  exceed  forty-three  feet  and  if  the  semitrailer  is equipped with a
  rear-end protective device of substantial construction consisting  of  a
  continuous  lateral  beam extending to within four inches of the lateral
  extremities of the semitrailer and  located  not  more  than  twenty-two
  inches  from  the  surface  as  measured with the vehicle empty and on a
  level surface. In addition,  such  vehicles  may  be  operated  on  that
  portion  of interstate ninety-five which connects interstate two hundred
  eighty-seven with interstate two hundred ninety-five,  that  portion  of
  interstate two hundred ninety-five which connects interstate ninety-five
  with  interstate four hundred ninety-five and that portion of interstate
  four  hundred  ninety-five  between  interstate  ninety-five   and   the
  Nassau-Queens county line.
    (f)  The  length  of  any  center panel of an altered livery shall not
  exceed  one  hundred  inches  unless  the  owner  of  such  vehicle  can
  demonstrate that the livery conforms to all applicable federal and state
  motor vehicle safety standards at the time of registration in accordance
  with section four hundred one of this chapter.
    (g)  The  length of a specialized material delivery vehicle, inclusive
  of load and bumpers,  shall  not  be  more  than  forty  feet  provided,
  however,  that  the portion of an attached boom or forklift that extends
  beyond the rear bumper by not more than five feet shall be excluded from
  the measurement  of  the  length  of  a  specialized  material  delivery
  vehicle.  For  the  purposes  of  this  paragraph, "specialized material
  delivery vehicle" shall mean a single unit truck having an attached boom
  or forklift for the purpose of hoisting, swinging, loading or  unloading
  material  from  such truck. The provisions of this paragraph authorizing
  the exclusion from the  measurement  of  the  length  of  a  specialized
  material  delivery  vehicle  shall not apply unless the operator of such
  vehicle  holds  a  valid  commercial  driver's  license  as  defined  by
  subdivision one of section five hundred one-a of this chapter.
    * NB There are 2 par (g)'s
    * (g)  The length of a tow truck or car carrier, inclusive of load and
  bumpers, shall be not more than forty feet, except that  a  car  carrier
  may  have  an  overhang  that extends beyond the rear bumper of such car
  carrier by not more than three feet and except, further,  that  a  wheel
  lift  that  is less than fifteen feet in length shall not be included as
  part of the length of a tow truck or car carrier when such wheel lift is
  in use by such tow truck or car carrier to tow another motor vehicle.
    * NB There are 2 par (g)'s
    (h) The commissioner  of  motor  vehicles  in  consultation  with  the
  commissioner of transportation may promulgate such rules and regulations
  as  shall be necessary or desirable to effectuate the provisions of this
  subdivision.
    4. (a) The total length of a combination  of  vehicles,  inclusive  of
  load and bumpers, shall not be more than sixty-five feet.
    (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
  apply to:
    1. A combination of vehicles being operated on any qualifying  highway
  or access highway;
    2.  Vehicles  of a corporation which is subject to the jurisdiction of
  the interstate commerce commission, the  public  service  commission  or
  other   regulatory   body  and  which  are  used  in  the  construction,
  reconstruction, repair or maintenance of  its  property  or  facilities,
  provided  that any such vehicle complies with the safety requirements of
  the  laws  and  regulations  of  the  United  States  and  of this state
  pertaining to overlength vehicles;
    3. Vehicles hauling poles, girders, columns, or other similar  objects
  of  great length provided that any such vehicle complies with the safety
  requirements of the laws and regulations of the  United  States  and  of
  this state pertaining to such overlength vehicles;
    4. Fire vehicles;
    5.  A  vehicle or combination of vehicles which is disabled and unable
  to proceed under its own power and is being towed for a distance not  in
  excess  of  ten  miles  for  the  purpose of repairs or removal from the
  highway,  except  that  the  distance  to  the   nearest   exit   of   a
  controlled-access  highway  shall  not be considered in determining such
  ten mile distance; and
    6. Stinger-steered automobile  transporters  or  stinger-steered  boat
  transporters,  while  operating  on qualifying and access highways. Such
  vehicles shall not, however, exceed seventy-five feet  exclusive  of  an
  overhang  of  not more than three feet on the front and four feet on the
  rear of the vehicle.
    (c)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
  subdivision,  an  overhang  of not more than three feet on the front and
  four feet on the rear of an automobile  transporter  or  stinger-steered
  automobile  transporter  or  a  boat transporter or stinger-steered boat
  transporter shall be permitted.
    5. In determining the number of wheels and axles  on  any  vehicle  or
  combination  of  vehicles  within  the meaning of this section, only two
  wheels shall be counted for each axle, and axles  which  are  less  than
  forty-six  inches  apart, from center to center, shall be counted as one
  axle. However, in the case of multiple tires or multiple wheels, the sum
  of the widths of all the tires on a wheel or combination of wheels shall
  be taken in determining tire width.
    6. The weight per inch width of tire on any  one  wheel  of  a  single
  vehicle or a combination of vehicles equipped with pneumatic tires, when
  loaded, shall be not more than eight hundred pounds.
    7. The weight on any one wheel of a single vehicle or a combination of
  vehicles,  equipped with pneumatic tires, when loaded, shall be not more
  than eleven thousand two hundred pounds.
    8. The weight on any one axle of a single vehicle or a combination  of
  vehicles,  equipped with pneumatic tires, when loaded, shall be not more
  than twenty-two thousand four hundred pounds.
    9. The weight on any two consecutive axles of a single  vehicle  or  a
  combination of vehicles, equipped with pneumatic tires, when loaded, and
  when  such  axles are spaced less than eight feet from center to center,
  shall be not more than thirty-six thousand pounds,  except  where  axles
  are  spaced eight feet or greater, but less than ten feet, the weight on
  those two axles shall not exceed that  permitted  by  paragraph  (b)  of
  subdivision ten of this section and, in addition, shall not exceed forty
  thousand  pounds. Axles to be counted as provided in subdivision five of
  this section.
    10. A single vehicle or a combination of vehicles having  three  axles
  or more and equipped with pneumatic tires, when loaded, may have a total
  weight  on all axles not to exceed thirty-four thousand pounds, plus one
  thousand pounds for each foot and  major  fraction  of  a  foot  of  the
  distance  from  the  center  of  the  foremost axle to the center of the
  rearmost axle. Axles to be counted as provided in  subdivision  five  of
  this  section. In no case, however, shall the total weight exceed eighty
  thousand pounds. For any vehicle or combination  of  vehicles  having  a
  total  gross weight less than seventy-one thousand pounds, the higher of
  the following shall apply:
    (a)  the  total  weight  on  all  axles  shall  not exceed thirty-four
  thousand pounds plus  one  thousand  pounds  for  each  foot  and  major
  fraction  of a foot of the distance from the center of the foremost axle
  to the center of the rearmost axle, or
    (b) the overall gross weight on a group of  two  or  more  consecutive
  axles  shall  not  exceed  the  weight  produced  by  application of the
  following formula:
                       W = 500 ((LxN)/(N-1) + (12xN)+36)
  where W equals overall  gross  weight  on  any  group  of  two  or  more
  consecutive  axles to the nearest five hundred pounds, L equals distance
  in feet from the center of the  foremost  axle  to  the  center  of  the
  rearmost  axle  of  any  group  of  two or more consecutive axles, and N
  equals number of axles in group under  consideration,  except  that  two
  consecutive  sets  of tandem axles may carry a gross load of thirty-four
  thousand pounds each providing the overall distance  between  the  first
  and  last  axles  of such consecutive sets of tandem axles is thirty-six
  feet or more.
    For any vehicle or combination of vehicles having a total gross weight
  of seventy-one thousand pounds or greater, paragraph (b) shall apply  to
  determine maximum gross weight which is permitted hereunder.
    10-a. (a) Notwithstanding the provisions of subdivisions seven, eight,
  nine,  ten, eleven and twelve of this section, the calculation of weight
  pursuant to such subdivisions shall exclude the actual  weight,  not  to
  exceed four hundred pounds, of a fully-functioning idle reduction device
  installed  on  a  vehicle or combination of vehicles that are subject to
  such subdivisions, provided that  the  operator  of  such  vehicle:  (i)
  maintains  written certification of the actual weight of such device and
  acceptable proof that it is fully functional;  and  (ii)  provides  such
  certification  and  proof, upon request, to a law enforcement officer or
  any other officer  or  employee  authorized  to  enforce  this  section.
  Acceptable  proof  of  the functionality of such device shall consist of
  written certification from  the  manufacturer  of  such  idle  reduction
  device, physical demonstration, or any other documentation acceptable to
  the  commissioner  of  transportation as may be set forth in regulations
  promulgated  by  such   commissioner   after   consultation   with   the
  commissioner of environmental conservation.
    (b)  For  the  purposes of this subdivision, the following terms shall
  have the following meanings: (i) "auxiliary power unit"  shall  mean  an
  integrated  system  that  (A)  provides  heat,  air conditioning, engine
  warming, or electricity to components on a vehicle which is  subject  to
  the  provisions  of  this  section  and  (B)  is  certified  under  part
  eighty-nine of title forty of the code of federal  regulations  (as  may
  from  time to time be amended) as meeting applicable emission standards;
  and (ii) "idle reduction device" shall mean an auxiliary power  unit  or
  other  technology  that  is used to reduce long-duration idling (as such
  term is defined in paragraph seven of subdivision (a) of  section  16104
  of  the  United  States  code  as  may from time to time be amended) and
  allows for the main drive engine or auxiliary refrigeration engine to be
  shut down.
    11. A vehicle or combination  of  vehicles  equipped  with  any  solid
  rubber tires shall not have weights more than eighty per centum of those
  permitted  in  this  section  for  pneumatic  tires. Notwithstanding the
  provisions of this section, vehicles equipped with  solid  rubber  tires
  and  registered  in  this state prior to January first, nineteen hundred
  thirty-two shall be permitted to operate until January  first,  nineteen
  hundred  thirty-three under tire and axle loadings prescribed by chapter
  four hundred ninety-eight of the laws of nineteen hundred thirty.
    12.  Motor  vehicles or vehicles drawn by motor vehicles when equipped
  with metal tires shall not have weights more than forty  per  centum  of
  those permitted in this section for pneumatic tires.
    13.  For  the  purpose  of  this section, the width of pneumatic tires
  shall be ascertained by measuring the greatest width of the tire  casing
  when  tire  is  inflated.  The  width  of  solid  rubber  tires shall be
  ascertained by measuring the width of the tire base channel  or  between
  the  flanges  of  the  metal rim, provided that no vehicle equipped with
  solid rubber tires shall be operated upon a public highway, which has at
  any point less than one inch of rubber  above  the  top  or  beyond  the
  flange  or  rim.    The  width  of  metal  tires shall be ascertained by
  measuring the width of contact of the tire with the road surface.
    14. No person shall operate or move a  vehicle  or  a  combination  of
  vehicles  over,  on or through any bridge or structure on any highway if
  the weight of such vehicle, or combination of  vehicles,  and  load,  is
  greater  than the posted capacity of the structure or exceeds the height
  of the posted clearance as shown by an official sign.
    15. Except where inconsistent with federal law, rules and regulations:
  (a) The commissioner of transportation is hereby authorized to  continue
  to  grant  permits,  and  to  charge fees therefor, for the operation or
  movement of a vehicle or  combination  of  vehicles  having  weights  or
  dimensions  which  exceed  the  limitations provided for in this section
  upon any highway under his or her jurisdiction except that  such  permit
  shall not be valid for the operation or movement of such vehicles on any
  state  or  other  highway within any city not wholly included within one
  county. Such permits shall be issued in accordance with  the  terms  and
  conditions  contained in rules and regulations governing special hauling
  permits which have been or shall be promulgated by the  commissioner  of
  transportation  and  which  may  include,  but  not  be  limited  to,  a
  requirement that a vehicle or combination of  vehicles  being  issued  a
  permit  shall  be  accompanied  by  one or more escort vehicles which is
  being operated by an individual having a valid escort certificate issued
  by the commissioner. The commissioner of transportation is authorized to
  promulgate rules  and  regulations  governing  the  operation,  use  and
  equipment  of escort vehicles and the duties and responsibilities of the
  operator of an escort  vehicle.  Any  finding  by  the  commissioner  of
  transportation   that   an   individual  has  violated  such  rules  and
  regulations shall be grounds for the  cancellation  of  an  individual's
  escort  certificate and a penalty not to exceed five hundred dollars per
  occurrence for the first  violation  and  not  to  exceed  one  thousand
  dollars  per  occurrence for each subsequent violation. Prior to issuing
  such a finding, the  commissioner  of  transportation  shall  afford  an
  individual  the  right  to  a  hearing  pursuant  to section one hundred
  forty-five of the transportation law. Such rules and  regulations  shall
  take  into consideration, but shall not be limited to, the safety of the
  traveling public and the protection of the highways and the environment.
  Such rules and regulations shall also contain a schedule of fees  to  be
  charged  for  the  issuance  of such permits which fees shall cover, but
  shall not be limited to, the costs to the department  of  transportation
  for  the  administration  of  the  permit  program, and shall permit the
  commissioner of transportation to levy  a  surcharge  of  up  to  twenty
  dollars  for the issuance and distribution of special hauling permits at
  regional offices of the department of transportation. The annual vehicle
  fee for a permit issued pursuant to subparagraphs (i), (ii), (ii-a)  and
  (iii)  of paragraph (f) of this subdivision shall be three hundred sixty
  dollars for vehicles with less than  five  axles,  seven  hundred  fifty
  dollars for vehicles with five or six axles and nine hundred dollars for
  vehicles  with  seven or more axles. The annual vehicle fee for a permit
  issued pursuant to subparagraphs (iv), (v), and (vi) of paragraph (f) of
  this  subdivision shall be four hundred eighty dollars for vehicles with
  less than five axles and one thousand dollars for vehicles with five  or
  more  axles.  Additionally,  the  commissioner  shall  establish  a  fee
  schedule for the permitting of extra non-power  combination  units  that
  may  not  exceed twenty-five dollars per vehicle and may offer discounts
  for multi-trailer registrations. Such  fees  shall  not  be  charged  to
  municipalities  in  this  state. If the permit has routing requirements,
  such rules and regulations shall provide that if the routing anticipates
  the use of highways not under the jurisdiction of  the  commissioner  of
  transportation, then he or she shall immediately notify the municipality
  or  municipalities,  having  jurisdiction  over  such  highway  that  an
  application for a permit has been received and request comment  thereon.
  Said  municipality  or  municipalities  shall not have less than fifteen
  days to comment. Such rules and regulations shall also contain any other
  requirements deemed necessary by the commissioner of transportation.
    (b) Upon application in  writing  and  good  cause  being  shown,  the
  department  of  transportation  may  issue  a  permit  pursuant  to this
  subdivision to operate or move a vehicle or a combination  of  vehicles,
  the  weights  or the dimensions of which exceed the limitations provided
  for in this section upon any highway under its jurisdiction except  that
  such  permit  shall  not  be valid for the operation or movement of such
  vehicles on any state or  other  highway  within  any  city  not  wholly
  included  within  one county. For any other public highway in any county
  not wholly included within a city which is not on the  state  system  of
  highways the authority having jurisdiction over same may issue a similar
  permit,  provided  that the fee charged for such permit shall not exceed
  ten dollars.
    (c) Upon application in writing and good cause being shown,  the  city
  department  of  transportation  of a city not wholly included within one
  county may issue a permit pursuant to this  subdivision  to  operate  or
  move  a  vehicle  or  a  combination  of  vehicles  the  weights  or the
  dimensions of which exceed the limitations provided for in the rules and
  regulations of the city department of transportation of such  city  upon
  all  highways within such city including highways which are on the state
  system of highways. The rules and regulations of such city department of
  transportation shall contain a schedule of fees to be  charged  for  the
  issuance  of  such  permits  which  fees  shall  cover, but shall not be
  limited to, the costs to the city for the administration of  the  permit
  program.  Such  rules  and  regulations  shall  also  contain  any other
  requirements   deemed   necessary   by   the   city   commissioner    of
  transportation.
    (d)  Except  during storms, floods, fires or other public emergencies,
  no such permit may be issued to include  a  towing  operation  involving
  more than two vehicles except three vehicle combinations consisting of a
  tractor,  semitrailer  and  trailer or a tractor and two trailers within
  legal weight and width limits  proceeding  to  or  from  any  qualifying
  highway  or access highway. Every such permit may designate the route to
  be traversed and contain any other  restrictions  or  conditions  deemed
  necessary  by  the issuing authority. Every such permit shall be carried
  on the vehicle to which it refers and shall be open to the inspection of
  any peace officer, acting pursuant to  his  special  duties,  or  police
  officer,  or  any  other  officer or employee authorized to enforce this
  section. All permits issued shall be revocable by the authority  issuing
  them  at  the  discretion  of  the  authority  without  a hearing or the
  necessity of showing cause. Except for a vehicle having a maximum  gross
  weight  not  exceeding eighty thousand pounds without regard to any axle
  weight  limitation  set  forth  herein  or  the  maximum  gross   weight
  established by the formula commonly referred to as the bridge formula as
  set  forth  in  subdivision  ten of this section and except for state or
  municipally-owned single  vehicles  engaged  in  snow  and  ice  control
  operations,  or  designed  or fitted for snow and ice control operations
  while engaged in other public works operations on public highways  which
  do  not exceed the weight limits contained in subdivision seventeen-a of
  this section, no permit shall be issued to allow operation  or  movement
  of  any  vehicle  or  combination  of  vehicles whose weight exceeds the
  limitations otherwise prescribed in this section other  than  an  annual
  permit  issued pursuant to paragraph (f) of this subdivision except upon
  a finding  by  the  department  of  transportation  or  the  appropriate
  authority, as the case may be, that the load proposed is of one piece or
  item  or  otherwise  cannot  be  separated  into  units  of  less weight
  provided, however, that any such permit issued upon such  finding  shall
  not be valid for the operation or movement of such vehicles on any state
  or  other highway within any city not wholly included within one county.
  Bulk milk may be considered one piece or item.
    (e) The department of transportation or the issuing authority, as  the
  case  may be, shall establish criteria by rule or regulation under which
  any vehicle, combination of vehicles, or specified cargoes in  specified
  circumstances  or specified sites, routing or projects may be considered
  one piece or item for the purpose of a permit under this subdivision.
    (f) The department of transportation, or other issuing authority,  may
  issue  an  annual permit for a vehicle designed and constructed to carry
  loads that are not of one piece or item, which  is  registered  in  this
  state.  Motor  carriers having apportioned vehicles registered under the
  international registration plan  must  either  have  a  currently  valid
  permit  at  the  time  this  provision  becomes  effective or shall have
  designated  New  York  as  its  base  state  or  one  of  the   eligible
  jurisdictions  of operation under the international registration plan in
  order to be eligible to receive a permit issued pursuant to subparagraph
  (i), (ii) or (ii-a) of this paragraph. No permit issued pursuant to this
  paragraph shall be valid for the operation or movement  of  vehicles  on
  any  state  or  other highway within any city not wholly included within
  one county unless such permit was  issued  by  the  city  department  of
  transportation of such city.
    Effective  January first, two thousand five, no vehicle or combination
  of vehicles issued a permit pursuant to this  paragraph  shall  cross  a
  bridge   designated  as  an  R-posted  bridge  by  the  commissioner  of
  transportation  or  any  other  permit  issuing   authority   absent   a
  determination  by such commissioner or permit issuing authority that the
  permit applicant has demonstrated special circumstances  warranting  the
  crossing  of  such  bridge  or  bridges  and  a  determination  by  such
  commissioner or permit issuing authority that such bridge or bridges may
  be crossed safely, provided, however, that in no event shall  a  vehicle
  or  combination  of  vehicles  issued  a  permit under this paragraph be
  permitted to cross a bridge designated as an  R-posted  bridge  if  such
  vehicle  or combination of vehicles has a maximum gross weight exceeding
  one hundred two thousand pounds, and  provided  further,  however,  that
  nothing  contained  herein  shall  be deemed to authorize any vehicle or
  combination of vehicles to cross any such bridge  within  any  city  not
  wholly  included within one county unless such vehicle or combination of
  vehicles has been issued a  valid  permit  by  the  city  department  of
  transportation of such city pursuant to this subdivision.
    No  vehicle  having a model year of two thousand six or newer shall be
  issued a permit pursuant to this paragraph  unless  each  axle  of  such
  vehicle  or  combination  of vehicles, other than steerable or trackable
  axles, is equipped with two tires on each side  of  the  axle,  any  air
  pressure  controls  for  lift  axles  are located outside the cab of the
  vehicle  and  are  beyond  the  reach  of occupants of the cab while the
  vehicle is in motion, the weight on any grouping of two or more axles is
  distributed such that no axle in the grouping carries less  than  eighty
  percent  of  any  other  axle  in  the grouping and any liftable axle is
  steerable  or  trackable;  and,   further   provided,   after   December
  thirty-first,  two thousand nineteen, no permit shall be issued pursuant
  to this paragraph to a vehicle of any model year that does not meet  the
  requirements  of  this provision, except that such permits may be issued
  prior to January first, two thousand twenty to a vehicle that  does  not
  meet  the  requirement concerning axle grouping weight distribution, but
  meets all other requirements of this section.
    A divisible load permit may  only  be  transferred  to  a  replacement
  vehicle by the same registrant or transferred with the permitted vehicle
  as  part of the sale or transfer of the permit holder's business; or, if
  the divisible load permit is issued pursuant to subparagraph  (iv),  (v)
  or  (vi)  of  this paragraph for use within the counties of Westchester,
  Rockland, Nassau, Suffolk, Putnam, Orange  and  Dutchess  and  has  been
  effective  for  the  five years preceding a transfer of such permit, the
  permit may be transferred with the permitted vehicle in the sale of  the
  permitted  vehicle  to  the  holder  of  a  permit  issued  pursuant  to
  subparagraph (iv), (v) or (vi) of this  paragraph  for  use  within  the
  counties  of  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
  Dutchess.
    If a permit holder operates a vehicle or combination  of  vehicles  in
  violation  of  any  posted weight restriction, the permit issued to such
  vehicle or combination of vehicles shall be deemed void as of  the  next
  day and shall not be reissued for a period of twelve calendar months.
    Until  June  thirtieth,  nineteen  hundred  ninety-four,  no more than
  sixteen thousand power units shall  be  issued  annual  permits  by  the
  department   for   any  twelve-month  period  in  accordance  with  this
  paragraph. After June thirtieth, nineteen hundred ninety-four,  no  more
  than  sixteen  thousand  five hundred power units shall be issued annual
  permits by the department for any twelve-month  period.  After  December
  thirty-first,  nineteen  hundred  ninety-five,  no  more  than seventeen
  thousand power units shall be issued annual permits  by  the  department
  for  any  twelve-month period. After December thirty-first, two thousand
  three, no more than twenty-one thousand  power  units  shall  be  issued
  annual  permits  by  the  department  for any twelve-month period. After
  December thirty-first,  two  thousand  five,  no  more  than  twenty-two
  thousand  power  units  shall be issued annual permits by the department
  for any twelve-month period. After December thirty-first,  two  thousand
  six,  no  more  than  twenty-three  thousand power units shall be issued
  annual permits by the department  for  any  twelve-month  period.  After
  December  thirty-first,  two  thousand  seven,  no more than twenty-four
  thousand power units shall be issued annual permits  by  the  department
  for  any  twelve-month period. After December thirty-first, two thousand
  eight, no more than twenty-five thousand power  units  shall  be  issued
  annual permits by the department for any twelve-month period.
    Whenever  permit  application requests exceed permit availability, the
  department shall renew annual permits that have been  expired  for  less
  than  four  years  which meet program requirements, and then shall issue
  permit applicants having less than three  divisible  load  permits  such
  additional  permits  as  the  applicant  may request, providing that the
  total of existing and new  permits  does  not  exceed  three.  Remaining
  permits  shall  be  allocated  by  lottery in accordance with procedures
  established by the commissioner in rules and regulations.
    The  department  of  transportation  may issue a seasonal agricultural
  permit in accordance with subparagraphs (i),  (ii)  and  (iii)  of  this
  paragraph  that  will  be  valid  for four consecutive months with a fee
  equal  to  one-half  the  annual  permit  fees  established  under  this
  subdivision.
    For  a vehicle issued a permit in accordance with subparagraphs (iii),
  (iv), (v) and (vi) of this paragraph, such  a  vehicle  must  have  been
  registered  in  this  state  prior  to  January  first, nineteen hundred
  eighty-six or be a vehicle or combination of vehicles which replace such
  type of vehicle which was registered in this state prior  to  such  date
  provided that the manufacturer's recommended maximum gross weight of the
  replacement  vehicle  or  combination  of  vehicles  does not exceed the
  weight for which a permit may be issued  and  the  maximum  load  to  be
  carried  on  the replacement vehicle or combination of vehicles does not
  exceed the maximum load which could have been  carried  on  the  vehicle
  being  replaced  or  the registered weight of such vehicle, whichever is
  lower, in accordance with the following subparagraphs:
    (i) A permit may be issued for a vehicle having at least  three  axles
  and  a  wheelbase  not  less  than sixteen feet and for a vehicle with a
  trailer not exceeding forty-eight feet. The maximum gross weight of such
  a vehicle shall not exceed forty-two thousand five hundred  pounds  plus
  one  thousand  two hundred fifty pounds for each foot and major fraction
  of a foot of the distance from the center of the foremost  axle  to  the
  center  of  the  rearmost  axle,  or  one  hundred  two thousand pounds,
  whichever is more restrictive provided,  however,  that  any  four  axle
  group weight shall not exceed sixty-two thousand pounds, any tridem axle
  group  weight  shall  not exceed fifty-seven thousand pounds, any tandem
  axle weight does not exceed forty-seven thousand pounds and  any  single
  axle weight shall not exceed twenty-five thousand pounds.
    Any  additional  special authorizations contained in a currently valid
  annual permit shall cease upon the expiration  of  such  current  annual
  permit.
    (ii)  A  permit  may  be  issued  subject to bridge restrictions for a
  vehicle or a combination of vehicles having at least  six  axles  and  a
  wheel  base  of at least thirty-six and one-half feet. The maximum gross
  weight of such vehicle or combination of vehicles shall not  exceed  one
  hundred seven thousand pounds and any tridem axle group weight shall not
  exceed  fifty-eight  thousand  pounds  and  any tandem axle group weight
  shall not exceed forty-eight thousand pounds.
    (ii-a) A permit may be issued subject to  bridge  restrictions  for  a
  combination  of  vehicles having at least seven axles and a wheelbase of
  at least forty-three feet. The maximum gross weight of such  combination
  of  vehicles shall not exceed one hundred seventeen thousand pounds, any
  four axle group weight shall not exceed sixty-three thousand pounds, any
  tridem axle group weight shall not exceed fifty-eight  thousand  pounds,
  any  tandem  axle  group  weight  shall  not exceed forty-eight thousand
  pounds, and any single axle weight shall not exceed twenty-five thousand
  pounds.
    Each axle of such combination of vehicles,  other  than  steerable  or
  trackable  axles,  shall  be equipped with two tires on each side of the
  axle, any air pressure controls for lift axles shall be located  outside
  the  cab of the combination of vehicles and shall be beyond the reach of
  occupants of the cab while the combination of vehicles is in motion, the
  weight on any grouping of two or more axles shall  be  distributed  such
  that  no  axle  in  the grouping carries less than eighty percent of any
  other axle in the grouping, and any liftable axle of such combination of
  vehicles shall be steerable or trackable.
    (iii)  A  permit  may  be  issued for a vehicle having two axles and a
  wheelbase not less than ten feet, with the maximum gross weight  not  in
  excess of one hundred twenty-five percent of the total weight limitation
  as  set  forth  in  subdivision  ten of this section. Furthermore, until
  December thirty-first, nineteen hundred  ninety-four,  any  single  rear
  axle  weight  shall  not  exceed  twenty-eight  thousand  pounds.  After
  December thirty-first, nineteen hundred  ninety-four,  any  axle  weight
  shall not exceed twenty-seven thousand pounds.
    (iv)  Within  a  city  not  wholly  included within one county and the
  counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
  Dutchess,  a  permit  may  be issued for a vehicle having at least three
  axles and a wheelbase  not  exceeding  forty-four  feet  nor  less  than
  seventeen feet or for a vehicle with a trailer not exceeding forty feet.
    Until  December  thirty-first,  nineteen hundred ninety-four, a permit
  may only be issued for such a vehicle having a maximum gross weight  not
  exceeding  eighty-two  thousand  pounds and any tandem axle group weight
  shall not exceed sixty-two thousand pounds.
    After January first, nineteen hundred ninety-five,  the  operation  of
  such  a vehicle shall be further limited and a permit may only be issued
  for  such  a  vehicle  having  a  maximum  gross  weight  not  exceeding
  seventy-nine  thousand pounds and any tandem axle group weight shall not
  exceed fifty-nine thousand pounds,  and  any  tridem  shall  not  exceed
  sixty-four thousand pounds.
    A  permit  may  be  issued  only until December thirty-first, nineteen
  hundred ninety-four for a vehicle having at  least  three  axles  and  a
  wheelbase  between  fifteen and seventeen feet. The maximum gross weight
  of such a vehicle shall not exceed seventy-three  thousand  two  hundred
  eighty  pounds  and  any  tandem  axle  group  weight  shall  not exceed
  fifty-four thousand pounds.
    No vehicle having a model year of two thousand six or newer  shall  be
  issued  a  permit  pursuant  to  this  subparagraph  for  use within the
  counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
  Dutchess  unless  it  is  equipped with at least four axles, and further
  provided, after December thirty-first, two thousand fourteen, no  permit
  shall  be  issued  pursuant  to  this  subparagraph  for  use within the
  counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
  Dutchess  to  a vehicle of any model year unless the vehicle is equipped
  with at least four axles.
    (v) Within a city not  wholly  included  within  one  county  and  the
  counties  of  Westchester,  Rockland, Nassau, Suffolk, Putnam, Orange or
  Dutchess, a permit may  be  issued  only  until  December  thirty-first,
  nineteen  hundred  ninety-nine  for a vehicle or combination of vehicles
  that has been permitted within the past four years having five axles and
  a wheelbase of at least thirty-six and one-half feet. The maximum  gross
  weight of such a vehicle or combination of vehicles shall not exceed one
  hundred  five thousand pounds and any tandem axle group weight shall not
  exceed fifty-one thousand pounds.
    Within a city not wholly included within one county and  the  counties
  of  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,
  a permit may be issued for a vehicle or combination of  vehicles  having
  at least five axles and a wheelbase of at least thirty feet. The maximum
  gross weight of such vehicle or combination of vehicles shall not exceed
  ninety-three  thousand pounds and any tridem axle group weight shall not
  exceed fifty-seven thousand pounds and  any  tandem  axle  group  weight
  shall not exceed forty-five thousand pounds.
    (vi)  Within  a  city  not  wholly  included within one county and the
  counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
  Dutchess,  a  permit  may  be  issued  for  a  vehicle or combination of
  vehicles having at least five axles or more and a wheelbase of at  least
  thirty-six  and  one-half  feet,  provided  such permit contains routing
  restrictions.
    Until December thirty-first, nineteen hundred ninety-four, the maximum
  gross weight of a vehicle or combination  of  vehicles  permitted  under
  this  subparagraph  shall  not exceed one hundred twenty thousand pounds
  and any tandem or tridem axle group weight shall not  exceed  sixty-nine
  thousand  pounds,  provided,  however,  that  any replacement vehicle or
  combination of vehicles permitted  after  the  effective  date  of  this
  subparagraph  shall have at least six axles, any tandem axle group shall
  not exceed fifty thousand pounds and any tridem  axle  group  shall  not
  exceed sixty-nine thousand pounds.
    After  December thirty-first, nineteen hundred ninety-four, the tridem
  axle group weight of any vehicle or combination  of  vehicles  issued  a
  permit  under  this  subparagraph  shall not exceed sixty-seven thousand
  pounds, any tandem axle group weight shall  not  exceed  fifty  thousand
  pounds  and any single axle weight shall not exceed twenty-five thousand
  seven hundred fifty pounds.
    After  December  thirty-first,  nineteen  hundred   ninety-nine,   all
  vehicles  issued a permit under this subparagraph must have at least six
  axles.
    After December thirty-first, two thousand fourteen,  all  combinations
  of  vehicles  issued a permit under this subparagraph for use within the
  counties of Westchester, Rockland, Nassau, Suffolk, Putnam,  Orange  and
  Dutchess  must  have  at  least  seven axles and a wheelbase of at least
  forty-three feet.
    After December thirty-first, two thousand six,  no  permits  shall  be
  issued   under   this  subparagraph  for  use  within  the  counties  of
  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess  for
  a  vehicle  or  combination  of vehicles having less than seven axles or
  having a wheelbase of less than  forty-three  feet,  provided,  however,
  that  permits  may be issued for use within the counties of Westchester,
  Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess for  vehicles  or
  combinations  of  vehicles  where the permit applicant demonstrates that
  the applicant acquired the vehicle or combination of vehicles  prior  to
  December  thirty-first,  two  thousand  six,  and that if the vehicle or
  combination  of  vehicles  was  acquired  by  the  applicant  after  the
  effective  date  of  this  provision,  such  vehicle  or  combination of
  vehicles is  less  than  fifteen  years  old.  In  instances  where  the
  application  is  for  a  combination  of  vehicles,  the applicant shall
  demonstrate that the  power  unit  of  such  combination  satisfies  the
  conditions  of  this  subparagraph. In no event shall a permit be issued
  under this subparagraph for use  within  the  counties  of  Westchester,
  Rockland,  Nassau, Suffolk, Putnam, Orange and Dutchess for a vehicle or
  combination of vehicles  having  less  than  seven  axles  or  having  a
  wheelbase of less than forty-three feet after December thirty-first, two
  thousand fourteen.
    Except  as  otherwise  provided  by  this  subparagraph for the period
  ending December thirty-first,  two  thousand  fourteen,  after  December
  thirty-first,  two  thousand three, any combination of vehicles issued a
  permit  under  this  subparagraph  for  use  within  the   counties   of
  Westchester,  Rockland,  Nassau,  Suffolk,  Putnam,  Orange and Dutchess
  shall not exceed one hundred twenty thousand pounds, shall have at least
  seven axles, shall have a wheelbase of at least  forty-three  feet,  and
  single  axle  weight shall not exceed twenty-five thousand seven hundred
  fifty pounds, any tandem axle group weight shall not exceed  forty-eight
  thousand   pounds,  any  tridem  axle  group  weight  shall  not  exceed
  sixty-three thousand pounds and any four axle  group  shall  not  exceed
  sixty-five thousand pounds.
    From  the  date  of  enactment  of this paragraph, permit applications
  under subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi) of this
  paragraph for vehicles registered in this state may be  honored  by  the
  commissioner  of  transportation  or  other  appropriate  authority. The
  commissioner of transportation and  other  appropriate  authorities  may
  confer  and  develop  a  system  through rules and regulations to assure
  compliance herewith.
    (g) A sani-van vehicle, as defined in section one hundred  forty-one-a
  of  this  chapter  for  which  a permit has been issued pursuant to this
  subdivision is authorized to operate or move on all public  highways  or
  bridges  within  this  state  in  accordance with any weight limitations
  specified in such permit.
    (h) In any action brought for damage or destruction of any highway  or
  bridge  including  an action pursuant to section three hundred twenty of
  the highway law, there shall be a presumption that the  operation  of  a
  vehicle  or  combination  of  vehicles  in  excess of the maximum weight
  limits established by this section or, in a  city  not  wholly  included
  within  one county, in excess of the maximum weight limits prescribed by
  the rules and regulations of the city department  of  transportation  of
  such  city,  is the proximate cause of such damage or destruction to the
  highway bridge or appurtenant structure, whether  or  not  a  permit  to
  exceed such weight limits was issued by the appropriate authority.
    (i)  All  moneys  collected  by  the  commissioner  of  transportation
  pursuant to this subdivision shall be deposited by the comptroller  into
  the  special  obligation  reserve  and  payment account of the dedicated
  highway  and  bridge  trust  fund  established   pursuant   to   section
  eighty-nine-b of the state finance law.
    (j)  The  commissioner  of  transportation  is  authorized  to conduct
  hearings with regard to the issuance or revocation of any permit  issued
  by  the  commissioner  of  transportation  pursuant  to this section and
  relating to the violation of any condition applicable to such permit  as
  provided  in  subdivision three of section one hundred forty-five of the
  transportation  law.  If  a  permit  issued   by   the   department   of
  transportation  is  seized  and the holder of the permit makes a written
  request  to  the  department  of  transportation  for  a  hearing,   the
  commissioner  of  transportation  shall schedule a hearing within twenty
  days of the receipt of such request.
    (k) Any permit issued pursuant to this section that is seized shall be
  forwarded to the issuing authority as soon as practicable.
    15-a. In furtherance of the authority to  issue  permits  pursuant  to
  subdivision  fifteen  of  this section, the department of transportation
  and the New York state thruway authority are authorized to enter into  a
  cooperative agreement relative to permits to operate or move vehicles or
  combinations  of  vehicles the weights or the dimensions of which exceed
  the limitations otherwise provided for in this section along the thruway
  system and state highway system, routes 5 and 49 between  the  relocated
  thruway  interchanges,  including  the  Edic road interchange, and River
  road in the vicinity of Edic road in the vicinity of the city of  Utica.
  Permits  issued  hereunder  may  be  of  a  joint or reciprocal type for
  operations or movements on such highway systems and shall not be limited
  to loads proposed as one piece or item or otherwise cannot be  separated
  into units of less weight.
    16.  The  provisions of this section relating to the maximum dimension
  and weight limitations of  vehicles  shall  not  be  applicable  to  any
  vehicle  or  combination  of vehicles proceeding to or from the New York
  state thruway while being operated at the following locations, provided,
  however, that the maximum dimensions and weight limitations  of  such  a
  vehicle  or  combination  of  vehicles  are  in  compliance  with  those
  applicable to the New York state thruway;
    (a) Within a radius of fifteen hundred feet  of  any  New  York  state
  thruway toll booth at Fultonville, New York;
    (b)  Within  a  radius  of  two  thousand feet of any exit or entrance
  designated B-3 to the New York state thruway, Berkshire section, at  New
  York state route twenty-two;
    (c) Over a route extending north and south on New York state route 332
  between  New  York  state  thruway exit no. 44 and its intersection with
  Collett  road,  and  east  and  west  on  Collett  road   between   said
  intersection  and  no. 6070 Collett road, a distance of approximately .8
  miles.
    (d) Within a radius of 1.2 miles from  New  York  state  thruway  toll
  booth  no.  56 on access road to be built between such toll booth no. 56
  and the present eastern terminus of route 179 at South Park avenue, over
  route 179 and old Mile Strip road to the truck terminal entrance on  old
  Mile  Strip  road  at  a  point  approximately two thousand four hundred
  thirty feet southeast of the intersection of old  Mile  Strip  road  and
  Route  5 as measured along old Mile Strip road, or across Lake Avenue at
  the northern end of the truck terminal;
    (e) Within a distance of 1.5 miles measured along that portion of  the
  River  Road,  New  York  state  touring  route  266, also known as state
  highway 129,  lying  generally  northerly  of  the  South  Grand  Island
  Bridges,  such  distance  to  be  measured  from  the  point  where  the
  southernmost access road to  New  York  state  thruway  station  no.  17
  intersects with said River Road;
    (f) Within a distance of two miles measured along New York state route
  400,  such  distance  to be measured from the point where said route 400
  intersects with the New York state thruway, and .5 miles measured  along
  New  York  state  route 277, such distance to be measured in a northerly
  direction from the point where New York state route 277 intersects  with
  New York state route 400;
    (g)  Within a distance of .8 miles measured along Walden Avenue in the
  Town of  Cheektowaga,  such  distance  to  be  measured  in  a  westerly
  direction  from  the  point where said Walden Avenue intersects with the
  New York state thruway, .5 miles measured along said Walden Avenue, such
  distance to be measured in an easterly direction from  the  point  where
  said  Walden  Avenue  intersects  with the New York state thruway, 1,640
  feet measured along a roadway purchased by the Town of Cheektowaga  from
  Sorrento  Cheese,  Inc.,  such  distance  to  be measured in a southerly
  direction from the point  where  said  roadway  intersects  with  Walden
  Avenue,  and  .9  miles  measured  along  New York state route 240, such
  distance to be measured in a southerly direction from  the  point  where
  New York state route 240 intersects with said Walden Avenue;
    (h)  Within  a distance of .1 miles measured along Sheridan Drive, New
  York state route 324, such  distance  to  be  measured  in  an  easterly
  direction  from  the point where said Sheridan Drive intersects with New
  York state thruway interchange N-15, and .4 miles measured along Kenmore
  Avenue, such distance to be measured in a southerly direction  from  the
  point where Sheridan Drive intersects with said Kenmore Avenue;
    (i) Within a distance of .8 miles measured along Dingens street in the
  city  of  Buffalo  such  distance to be measured in a westerly direction
  from the Ogden street exit of the Niagara section of the New York  state
  thruway;
    (j)  Within  a distance of .25 miles along South street in the city of
  Buffalo between Hamburg street and Louisiana street;
    (k)  Within  a distance of .7 miles measured along Louisiana street in
  the city of  Buffalo  such  distance  to  be  measured  in  a  southerly
  direction  from  the Louisiana street entrance of the Niagara section of
  the New York state thruway; and
    (l) Within a distance of 1700 feet measured along that portion of  the
  River  Road,  New  York  state  touring  route  266, also known as state
  highway 129,  lying  generally  southerly  of  the  South  Grand  Island
  Bridges,  such distance to be measured from the point where the southern
  most access road to New York state thruway  station  no.  17  intersects
  with said River Road; and
    (m)  Within  a  distance  of  0.6 miles extending north along New York
  state route 233 from a point where such route 233  intersects  with  the
  exit  or  entrance  designated  number  thirty-two of the New York state
  thruway at Westmoreland in Oneida county.
    (n) Within a route from the thruway toll booth at the New  York  state
  thruway  exit  21-B  and  along the access road to route 9-W, and thence
  1500 feet along route 9-W to be measured in a northerly  direction  from
  the point where such thruway access road intersects route 9-W.
    (o)  (i)  Within a distance of 0.8 miles from exit B-1 of the New York
  state thruway  Berkshire  Spur,  such  distance  to  be  measured  in  a
  northerly  direction  from  the point where state route 9 intersects the
  southern most access ramp leading to the New York state thruway.
    (ii) Within a distance of 1.6 miles from the exit B-1 of the New  York
  state  thruway  Berkshire  Spur,  with such distance being measured in a
  northerly direction from the point where state route  9  intersects  the
  southern  most access ramp leading to the New York state thruway, upon a
  determination by the commissioner of transportation that the vehicle  or
  combination of vehicles could operate safely upon such route and that no
  applicable  federal  law,  regulation or other requirement prohibits the
  operation of such vehicle or combination of vehicles on such route.
    (p) Within a distance of .45 miles measured along James E. Casey Drive
  in the city of Buffalo such distance  to  be  measured  in  a  northerly
  direction from Dingens street.
    (q) Within approximately one mile of the thruway toll booth at the New
  York  state  thruway  exit  23 in a northerly direction along interstate
  route 787 to the first "Port of Albany" exit, and right on Church street
  south approximately one-half mile to the south end of the Mobil terminal
  facility and return from Church street entering interstate route 787  in
  a southerly direction to interchange 23 of the New York state thruway.
    (r)  On  any  route  designated  by the commissioner of transportation
  within a radius of six thousand six hundred feet of any exit or entrance
  designated interchange 26 of the  New  York  state  thruway,  where  the
  commissioner   of   transportation   determines   that  the  vehicle  or
  combination of vehicles could operate safely along the designated  route
  and  that  no  applicable  federal  law, regulation or other requirement
  prohibits the operation of such vehicle or combination  of  vehicles  on
  such route.
    * (s) Over a route extending east and west across New York state route
  414  from the New York state thruway exit 41 to the terminus of the exit
  41 on and off ramps for a distance  of  approximately  100  feet  across
  route  414  and  within approximately .1 miles of the on and off ramp of
  exit 41 of the  New  York  state  thruway.  Nothing  contained  in  this
  provision  shall be construed to permit these vehicles or combination of
  vehicles to turn on to route 414 or to travel along route 414.
    * NB There are 2 �(s)'s
    * (s) Within a distance of three hundred  twenty-five  feet,  measured
  along  Stew  Leonard  drive  in the city of Yonkers, such distance to be
  measured in a west-east direction from  the  point  where  Stew  Leonard
  drive intersects with the southbound off-ramp and the northbound on-ramp
  of interchange 6A of the New York state thruway.
    * NB There are 2 �(s)'s
    (t)  Over  a route extending south on New York state route 332 between
  New York state thruway exit number 44 and its intersection with  Gateway
  drive  and  west  on  Gateway Drive to its intersection with Plastermill
  Road and east on Plastermill Road to its intersection with  Loomis  Road
  and  east  on  Loomis road between said intersection and no. 5923 Loomis
  road, a distance of approximately 1.6 miles, and  west  on  Loomis  road
  between  5923 Loomis road and its intersection with New York state route
  332 and thence north on New York state  route  332  to  New  York  state
  thruway exit number 44, a distance of approximately 1.1 miles, where the
  commissioner   of   transportation   determines   that  the  vehicle  or
  combination of vehicles could operate safely along the designated  route
  and  that  no  applicable  federal  law, regulation or other requirement
  prohibits the operation of such vehicle or combination  of  vehicles  on
  such route.
    (u)  Over  a  route  extending  north  and  on New York state route 77
  between New York state thruway exit number 48-a and the overpass of  the
  New York state thruway, and south on New York state route 77, a distance
  of  approximately  .5  miles,  where  the commissioner of transportation
  determines that the vehicle or combination  of  vehicles  could  operate
  safely  along  the  designated route and that no applicable federal law,
  regulation or other requirement prohibits the operation of such  vehicle
  or combination of vehicles on such route.
    17-a.  Except  over  any highway which is a part of a state interstate
  route:
    (i)  The  following  weight  limits  shall  apply  to  any  state   or
  municipally owned single vehicle, equipped with pneumatic tires, engaged
  in  snow  and  ice  control operations on public highways, including the
  stockpiling of materials and abrasives therefor, with a  plow,  leveling
  wing, or material hopper installed:
    (a)  The total weight on any one wheel, shall not be more than sixteen
  thousand pounds.
    (b) The total weight  on  a  single  axle,  shall  not  be  more  than
  thirty-two thousand pounds.
    (c)  The  total  weight  on two consecutive axles, when such axles are
  spaced less than ten feet from center to center, shall not be more  than
  forty-two thousand pounds.
    (d)  The  total weight on all axles of a two axle vehicle shall not be
  more than fifty-two thousand pounds; the total weight on all axles of  a
  three axle vehicle shall not be more than sixty-two thousand pounds.
    (ii)  The  overall  width  of  any  state  or municipally owned single
  vehicle, equipped with pneumatic tires, engaged in snow and ice  control
  operations on public highways, shall not be more than twenty-five feet.
    (iii)  The  following  weight  limits  shall  apply  to  any  state or
  municipally  owned  single  vehicle,  equipped  with  pneumatic   tires,
  designed or fitted for snow and ice control operations, while engaged in
  other public works operations on public highways:
    (a)  The total weight on any one wheel, shall not be more than sixteen
  thousand pounds.
    (b) The total weight  on  a  single  axle,  shall  not  be  more  than
  thirty-two thousand pounds.
    (c)  The  total  weight  on two consecutive axles, when such axles are
  spaced less than ten feet from center to center, shall not be more  than
  thirty-eight thousand pounds.
    (d)  The  total weight on all axles of a two axle vehicle shall not be
  more than fifty-two thousand pounds; the total weight on all axles of  a
  three axle vehicle shall not be more than fifty-eight thousand pounds.
    17-b.  Except  over  any highway which is a part of a state interstate
  route, the following weight limits  shall  apply  to  any  fire  vehicle
  equipped with pneumatic tires.
    (a)  The  total weight on any one wheel shall not be more than sixteen
  thousand pounds.
    (b) The total  weight  on  a  single  axle  shall  not  be  more  than
  thirty-two thousand pounds.
    (c)  The  total  weight  on two consecutive axles, when such axles are
  spaced less than ten feet from center to center, shall not be more  than
  forty-two thousand pounds.
    (d)  The  total weight on all axles of a two axle vehicle shall not be
  more than fifty-two thousand pounds.
    18. Except as provided in subdivision nineteen of  this  section,  the
  violation  of  the  provisions  of  this  section  including a violation
  related to the operation, within a city not wholly included  within  one
  county,  of  a vehicle which exceeds the limitations provided for in the
  rules and regulations of the city department of transportation  of  such
  city,  shall  be  punishable  by a fine of not less than two hundred nor
  more than five hundred dollars, or by imprisonment  for  not  more  than
  thirty  days,  or  by  both  such  fine  and imprisonment, for the first
  offense; by a fine of not less than  five  hundred  nor  more  than  one
  thousand dollars, or by imprisonment for not more than sixty days, or by
  both  such  fine and imprisonment, for the second or subsequent offense;
  provided that a sentence or execution thereof for  any  violation  under
  this  subdivision  may  not  be  suspended.  For  any  violation  of the
  provisions of  this  section,  including  a  violation  related  to  the
  operation,  within  a  city  not wholly included within one county, of a
  vehicle which exceeds the limitations provided  for  in  the  rules  and
  regulations  of  the city department of transportation of such city, the
  registration of the vehicle may be suspended for a period not to  exceed
  one  year whether at the time of the violation the vehicle was in charge
  of the owner or his agent. The provisions of section five hundred ten of
  this chapter shall apply to such suspension except as otherwise provided
  herein.
    19.  (a) A violation of the provisions of subdivision eight, nine,  or
  ten  of  this  section  by  any vehicle or combination of vehicles whose
  weight exceeds the weight limitations as set forth in this section, or a
  violation of such rules and regulations, by any vehicle  or  combination
  of  vehicles whose weight exceeds the weight limitations as set forth in
  this section or such rules and regulations, or a violation of the weight
  limitations specified by permit issued pursuant to  subdivision  fifteen
  of  this  section  shall be punishable by fines levied on the registered
  owner of the vehicle or vehicles, whether at the time of  the  violation
  the  vehicle  was  in  the charge of the registered owner or the owner's
  agent or lessee in accordance with the following schedule:

    Percent of excess weight                                Amount of fine
    (percentage)                                                (dollars)
    greater than                  less than or equal to
          0                            2.0                            150
          2.0                          4.0                            300
          4.0                          6.0                            450
          6.0                          7.0                            525
          7.0                          8.0                            600
          8.0                         10.0                            750
         10.0                         12.0                            950
         12.0                         14.0                          1,150
         14.0                         16.0                          1,350
         16.0                         18.0                          1,550
         18.0                         20.0                          1,750
         20.0                         22.0                          1,950
         22.0                         24.0                          2,150
         24.0                         26.0                          2,350
         26.0                         28.0                          2,550
         28.0                         30.0                          2,750
         30.0                         32.0                          2,950
         32.0                         34.0                          3,150
         34.0                         36.0                          3,350
         36.0                         38.0                          3,550
         38.0                         40.0                          3,750
         40.0                                                       3,750
         or greater                                         plus $125 for
                                                             each percent
                                                          over 40 percent

  (NOTE:  Where  the  total weight, axle weight or axle grouping weight is
  greater than seven percent including any  applicable  enforcement  scale
  tolerance in excess of the limits specified by a permit in areas outside
  a  city  not  wholly contained in one county, the permit shall be deemed
  voided and then the amount of fine shall  be  determined  in  accordance
  with  the  maximum  weight  which  would  have  been  in  effect for the
  operation of such vehicle if the permit to exceed  such  maximum  weight
  had not been issued.
    (b)  For  violations to which the penalties set forth in paragraph (a)
  of this subdivision apply, in connection with the weighing of a  vehicle
  or  combination of vehicles, if it is found that there is a violation of
  subdivision ten of this section and also of subdivision eight or nine of
  this section, or both subdivisions eight and nine of this section, there
  shall be a single fine imposed and the maximum amount of such fine shall
  not  exceed  the  highest  fine  that  could  be  imposed   under   this
  subdivision.
    (c)  Notwithstanding  paragraphs  (a)  and  (b) of this subdivision, a
  violation of the provisions of subdivision ten of this section in a city
  not wholly included within one county or of the provisions of the  rules
  or  regulations  of  the city department of transportation setting forth
  the maximum allowable gross weight for the operation  of  a  vehicle  in
  such  city  without  a  permit  for  such  vehicle,  by  any  vehicle or
  combination of vehicles whose weight exceeds the weight  limitations  as
  set  forth in this section, or such rules and regulations, or the weight
  limitations specified by permit issued pursuant to  subdivision  fifteen
  of  this  section  (excluding  enforcement scale tolerance not to exceed
  five percent) shall be punishable by  fines  levied  on  the  registered
  owner  of  the vehicle or vehicles, whether at the time of the violation
  the vehicle was in the charge of the registered owner or  his  agent  or
  lessee in accordance with the following schedule:

  Excess Total Weight
       (pounds)                                             Amount of Fine
     greater than            less than or equal to             (dollars)
             0                       2,000                         50
         2,000                       3,000                         75
         3,000                       4,000                        100
         4,000                       5,000                        200
         5,000                       6,000                        300
         6,000                       7,000                        400
         7,000                       8,000                        500
         8,000                       9,000                        600
         9,000                      10,000                        700
        10,000                      15,000                      1,200
        15,000                      20,000                      1,700
        20,000                      25,000                      2,200
        25,000                      30,000                      2,700
        30,000                      35,000                      3,200
        35,000                      40,000                      3,700
        40,000                      45,000                      4,200
        45,000                      50,000 or greater           4,700

  (NOTE:  Where  the  excess  total  weight  is  greater  than  the limits
  specified by a permit, the permit shall be deemed voided  and  then  the
  amount of fine shall be determined in accordance with the maximum weight
  which would have been in effect for the operation of such vehicle if the
  permit to exceed such maximum weight had not been issued.)
    (d)  Notwithstanding  paragraphs  (a)  and  (b) of this subdivision, a
  violation of the provisions of  subdivisions  eight  and  nine  of  this
  section  in  a  city  not  wholly  included  within one county or of the
  provisions of the  rules  or  regulations  of  the  city  department  of
  transportation  setting  forth the maximum allowable axle or tandem axle
  weight for the operation of a vehicle in such city without a permit  for
  such  vehicle,  by  any  vehicle or combination of vehicles whose weight
  exceeds the weight limitations as set forth in  this  section,  or  such
  rules  or  regulations,  or  the  weight limitations specified by permit
  issued  pursuant  to  subdivision  fifteen  of  this  section  shall  be
  punishable  by  fines  levied  on the registered owner of the vehicle or
  vehicles, whether at the time of the violation the vehicle  was  in  the
  charge  of  the registered owner, or his agent, or lessee, in accordance
  with the following schedule:

  Percentage of excess weight
       (percentage)                                         Amount of Fine
       greater than          less than or equal to             (dollars)
             0                       5.0                          100
           5.0                      10.0                          200
          10.0                      15.0                          350
          15.0                      20.0                          600
          20.0                      25.0                         1000
          25.0                      30.0                         1600
          30.0                      35.0                         2450
          35.0                      40.0                         3600
          40.0                      45.0                         5100
          45.0                                                   7000

  (NOTE: Where the excess axle or axles weight is greater than the  limits
  specified  by  a  permit, the permit shall be deemed voided and then the
  amount of fine shall be determined in accordance with the maximum weight
  which would have been in effect for the operation of such vehicle if the
  permit to exceed such maximum weight had not been issued.)
    (e) In addition to the fines imposed by paragraphs (a), (c) and (d) of
  this subdivision, the registration of the vehicle may be suspended for a
  period not to exceed one year, whether at the time of the  violation  of
  this  section  the  vehicle  was  in  charge of the owner or the owner's
  agent, or lessee. The provisions of section five  hundred  ten  of  this
  chapter  shall  apply  to  such suspension, except as otherwise provided
  herein.
    (f) If the vehicle is the subject  of  a  permit  issued  pursuant  to
  paragraph  (f)  of  subdivision  fifteen  of  this  section  and  if the
  registered owner of a vehicle fails to appear  on  the  return  date  or
  subsequent  adjourned  date of a summons, appearance ticket or notice of
  violation issued pursuant to this subdivision or fails  to  pay  a  fine
  imposed pursuant to this subdivision, the registration of the vehicle or
  the  privilege of operating the vehicle in this state shall be suspended
  for a period not to exceed one year.  The  suspension  shall  remain  in
  effect  until  the registered owner's appearance or payment of the fine.
  The commissioner or the commissioner's agent  may  deny  a  registration
  application  of  any  other  person  for  the  same  vehicle  where  the
  commissioner has reasonable grounds to believe  that  such  registration
  will have the effect of defeating the purpose of this paragraph.
    20.   Notwithstanding   the   provisions  of  sections  three  hundred
  eighty-five, sixteen hundred thirty, sixteen hundred thirty-one, sixteen
  hundred forty, sixteen hundred  forty-two,  sixteen  hundred  fifty  and
  sixteen  hundred  sixty  of this chapter, nor of any other law, statute,
  ordinance, rule or regulation, the state, a city, county, town, village,
  public authority,  including  the  port  of  New  York  and  New  Jersey
  authority,  or  commission,  or  any  department, agency, subdivision or
  other entity thereof, shall not enact  nor  enforce  any  law,  statute,
  ordinance,  rule  or  regulation  with  respect to vehicle dimensions or
  weights which shall violate any of the provisions of the federal surface
  transportation assistance act of nineteen hundred eighty-two.  Any  such
  law,   statute,  ordinance,  rule  or  regulation  which  results  in  a
  notification of an imminent loss or withholding of federal  highway  aid
  to  the  state shall to the degree inconsistent hereafter be deemed null
  and void and shall not be enforced.
    20-a. If a vehicle or combination of vehicles is operated in violation
  of this section, an appearance ticket or summons may be  issued  to  the
  registrant  of  the  vehicle,  or  if  a combination of vehicles, to the
  registrant of the hauling vehicle rather than the operator. In the event
  the vehicle is operated by a  person  other  than  the  registrant,  any
  appearance  ticket  or  summons issued to the registrant shall be served
  upon the operator, who shall be deemed the agent of the  registrant  for
  the  purpose  of  receiving  such  appearance  ticket  or  summons. Such
  operator-agent shall transmit such ticket or summons to  the  registrant
  of the vehicle or the hauling vehicle. If the registrant does not appear
  on  the  return date, a notice establishing a new return date and either
  containing all pertinent information relating to  the  charge  which  is
  contained  on  the summons or appearance ticket or accompanied by a copy
  of the information or complaint shall also be  mailed  by  certified  or
  registered  mail by or on behalf of the court or administrative tribunal
  before whom the appearance  ticket  or  summons  is  returnable  to  the
  registrant  at the address given on the registration certificate for the
  vehicle, or if no registration certificate is produced at the  time  the
  appearance ticket or summons is issued, to the address of the registrant
  on  file  with  the  department  or  given  to  the  person  issuing the
  appearance ticket  or  summons.  Whenever  proceedings  in  a  court  or
  administrative  tribunal  of  this  state  result  in a conviction for a
  violation of this section, and the court or administrative tribunal  has
  made  the mailing specified herein, the court or administrative tribunal
  shall levy a mandatory surcharge, in addition to any sentence  or  other
  surcharge required or permitted by law, in the amount of thirty dollars.
  This  mandatory  surcharge  shall  be  paid to the clerk of the court or
  administrative tribunal that rendered the conviction. Within  the  first
  ten days of the month following collection of the mandatory surcharge by
  a  town  or  village  court, the court shall pay such money to the state
  comptroller  who  shall,  pursuant  to  subdivision   two   of   section
  ninety-nine-a of the state finance law, credit such money to the account
  of  the  town  or  village  which  sent the mandatory surcharge. If such
  collecting authority is  any  other  court  of  the  unified  system  or
  administrative  tribunal it shall, within such period, pay such money to
  the state comptroller who  shall  deposit  such  money  into  the  state
  treasury.  The  provisions  of  this  subdivision  shall  not  apply  to
  owner-operators of any motor vehicle or to any motor vehicle or  trailer
  which  is registered in the name of a person whose principal business is
  the lease or rental of motor  vehicles  or  trailers  unless  the  motor
  vehicle or trailer is being operated by an employee of the registrant or
  for  a  community  of  interest other than the lease or rental agreement
  between the parties to the lease or rental agreement.
    21. The court may impose  any  sentence  authorized  by  this  chapter
  provided,  however, any such sentence must include a fine as provided in
  this section.
    22. In any case wherein the charge laid before  the  court  alleges  a
  violation  of  this  section,  any  plea of guilty thereafter entered in
  satisfaction of such charge must include at least a plea of guilty to  a
  violation  of  one  of  the  subdivisions  of  this  section.  No  other
  disposition by plea of guilty to any other  charge  in  satisfaction  of
  such  charge  shall  be  authorized.  Provided, however, if the district
  attorney upon reviewing  the  available  evidence  determines  that  the
  charge of a violation of this section is not warranted, or suspension of
  registration  is  not,  under  the  circumstances,  appropriate  he  may
  consent, and the court may allow, a disposition by  plea  of  guilty  to
  that  or  another  charge  in satisfaction of such charge and, may waive
  suspension of  registration  as  required  by  this  section,  provided,
  however,  the  court must impose at least the minimum fine as authorized
  in this section for the offense of conviction.
    23. Except on highways designated as part of  the  interstate  system,
  the  provisions of subdivisions six, seven, eight, nine, ten, eleven and
  twelve of this section shall not apply to any fire vehicle, as such term
  is defined in section one hundred fifteen-a of this chapter.

  S 386. Motor vehicle sound level limits. 1. As used in this section;
    a. A-weighted sound level shall mean the sound pressure level measured
  by  the  use  of  an  instrument  with  the metering characteristics and
  A-weighting frequency response prescribed for sound level meters.
    b. Combination of vehicles shall mean any device consisting of a motor
  vehicle and one or more trailers drawn by such motor vehicle.
    c. Sound pressure level shall mean twenty times the logarithm  to  the
  base  ten of the ratio of the root mean squared pressure of a sound to a
  reference pressure of twenty micropascals.  The  unit  applied  to  this
  measure shall be the decibel (dB).
    2.  This  section  shall apply to the total sound level emitted from a
  motor vehicle or a combination of vehicles.
    3. Unlawful acts.
    a. It shall be unlawful for any person  to  operate  or  cause  to  be
  operated  on  a  public  highway  any  motor  vehicle  or combination of
  vehicles with a maximum gross weight in excess of ten  thousand  pounds,
  at  any  time,  under  any  condition  of  grade,  load, acceleration or
  deceleration in such a manner as to  exceed  the  applicable  A-weighted
  sound  level set forth in table I. The maximum allowable sound levels in
  table I are based on a sound  level  measured  at,  or  adjusted  to,  a
  distance  of  fifty  feet from the center of the lane in which the motor
  vehicle is traveling.
                                   TABLE I
                              MAXIMUM ALLOWABLE
                           A-WEIGHTED SOUND LEVELS
                             Maximum Speed Limit
  35 miles
  per hour                                                         over 35
  or less                                                   miles per hour
  86dB (A)                                                       90 dB (A)
    b. In addition, it shall be unlawful for  any  person  to  operate  or
  cause  to  be  operated  on  a  public  highway  any  motor  vehicle  or
  combination of vehicles with a maximum gross weight  in  excess  of  ten
  thousand  pounds  and  equipped  with  an  engine  speed governor, which
  generates an A-weighted sound level  in  excess  of  eighty-eight  dB(A)
  measured  at,  or  adjusted  to,  a  distance  of  fifty  feet  from the
  longitudinal centerline of the vehicle, when the engine of such  vehicle
  is  accelerated  from  idle  with a wide open throttle to governed speed
  with the vehicle stationary, transmission in neutral and clutch engaged.
    c. It shall be unlawful for any person  to  operate  or  cause  to  be
  operated  on  a  public  highway  any  motor  vehicle  or combination of
  vehicles, except  motorcycles,  with  a  maximum  gross  weight  of  ten
  thousand  pounds  or  less,  at  any time, under any condition of grade,
  load, acceleration or deceleration in such a manner  as  to  exceed  the
  applicable  A-weighted  sound  level  set forth in table II. The maximum
  allowable sound levels in table II are based on a sound  level  measured
  at, or adjusted to, a distance of fifty feet from the center of the lane
  in which the motor vehicle is traveling:
                                   TABLE II
                              MAXIMUM ALLOWABLE
                           A-WEIGHTED SOUND LEVELS
                             Maximum Speed Limit
  35 miles
  per hour                                                         over 35
  or less                                                   miles per hour
  76 dB(A)                                                        82 dB(A)
    d.  It  shall  be  unlawful  for  any person to operate or cause to be
  operated on a public highway any motorcycle,  at  any  time,  under  any

  condition  of grade, load, acceleration or deceleration in such a manner
  as to exceed the applicable A-weighted sound level set  forth  in  table
  III.  The  maximum  allowable  sound  levels in table III are based on a
  sound  level  measured at, or adjusted to, a distance of fifty feet from
  the center of the lane in which the motorcycle is traveling.
                                   TABLE III
                              MAXIMUM ALLOWABLE
                           A-WEIGHTED SOUND LEVELS
                             Maximum Speed Limit
  35 miles
  per hour                                                         over 35
  or less                                                   miles per hour
  82 dB(A)                                                        86 dB(A)
    4. The commissioner of  environmental  conservation  shall  promulgate
  regulations  establishing the measurement procedures and instrumentation
  to be utilized in the enforcement of this section.
    a. These procedures shall allow, to the extent feasible, motor vehicle
  sound measurements to be accomplished in reasonably confined areas  such
  as  residential  areas  of  urban  cities,  and  may  provide  for sound
  measurement at distances other than fifty feet and in  the  vicinity  of
  sound reflecting surfaces.
    b. The regulations shall take into consideration recognized scientific
  and  professional  standards  for  the  measurement  of  vehicular sound
  levels.
    5. The provisions of this section shall  not  apply  to  vehicles  and
  implements or combinations thereof used solely for farm purposes, nor to
  authorized emergency vehicles.
    6.  Nothing  in  this  section  shall  be  construed  as  limiting  or
  precluding the  enforcement  of  equipment  requirements  or  any  other
  provisions of law relating to motor vehicle noise.
    7.  At  intervals  of  not  more  than  two years, the commissioner of
  environmental  conservation  shall  report  to  the  governor  and   the
  legislature on the current state of the art of motor vehicle sound level
  limitations and recommend changes as necessary.

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