PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
This is a consensus rule making to amend Part 102 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 121-f and 2270
Subject:
Low speed vehicles.
Purpose:
To conform the regulatory definition of low speed vehicles to the statutory definition.
Text of proposed rule:
Section 102.8 is amended by adding a new subdivision (i) to read as follows:
(i) The provisions of this subdivision shall apply to low speed vehicles as defined in subdivision (a) of section 102.10 of this Part.
Subdivision (a) of section 102.10 is amended to read as follows:
(a) A low speed vehicle is defined by Vehicle and Traffic Law section 121-f as a limited use automobile which has a maximum performance speed of greater than 20 miles an hour, but not greater than 25 miles an hour, or a truck which has a maximum performance speed of greater than twenty miles an hour, but not greater than twenty five miles an hour and whose gross vehicle weight rating (GVWR) is less than three thousand pounds. [and which complies] All such vehicles shall comply with the safety standards established in Federal Regulation 49 CFR 571.500. No person shall operate a low speed vehicle on any public highway with a speed limit in excess of 35 miles per hour; a low speed vehicle may cross a public highway with a speed limit in excess of 35 miles per hour where such highway intersects with a highway with a speed limit of 35 miles per hour or less. In the interest of public safety, a local authority or the Department of Transportation may prohibit low speed vehicles from designated highways.
Text of proposed rule and any required statements and analyses may be obtained from:
Michele L. Welch, Counsel's Office, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871, e-mail: mwelc@dmv.state.ny.us
Data, views or arguments may be submitted to:
Ida L. Traschen, Supervising Attorney, Department of Motor Vehicles, Empire State Plaza, Swan St. Bldg., Rm. 526, Albany, NY 12228, (518) 474-0871
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
In 2001, legislation was enacted that authorized the use of low speed vehicles (LSVs) on some roadways in the State of New York. LSVs provide a practical on-road alternative to the automobile for a fraction of the cost. Additionally, they are pollution free and count toward the California Zero Emission Vehicle Mandate, as they run on rechargeable batteries that have a range of 30 miles. In 2005, the National Highway Traffic Safety Administration (NHTSA) amended the definition of LSVs to include trucks with a Gross Vehicle Weight Rating (GVWR) of less than 3,000 pounds. These trucks, like other LSVs, will be subject to the federal motor vehicle safety standards set forth in 49 CFR 571.500 and other safety requirements set forth in 15 NYCRR Part 102.10. Chapter 698 of the Laws of 2006 amended Vehicle and Traffic Law section 121-f to mirror the federal definition of LSVs, which include trucks with a GVWR of less than 3,000 pounds. This consensus rule amends Part 102.10(a) to reflect the Vehicle and Traffic Law section 121-f definition of LSVs. It also amends Part 102 to make clear that all LSVs are subject to manufacturer certification.
Job Impact Statement
A Job Impact Statement is not submitted with this proposed rule because it has no adverse impact on job creation or development in New York State.
