MTV-08-09-00003-P Slow-Moving Emblems and Lighting Equipment on Agricultural Vehicles

2/25/09 N.Y. St. Reg. MTV-08-09-00003-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 8

February 25, 2009

RULE MAKING ACTIVITIES

DEPARTMENT OF MOTOR VEHICLES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTV-08-09-00003-P

Slow-Moving Emblems and Lighting Equipment on Agricultural Vehicles

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 Parts 43 and 68 of Title 15 NYCRR.

Statutory authority:

Vehicle and Traffic Law, sections 215(a), 375(4), 376 and 375(36)

Subject:

Slow-moving emblems and lighting equipment on agricultural vehicles.

Purpose:

Makes conforming amendments to Parts 43 and 68 in light of chapter 350 of the Laws of 2008.

Text of proposed rule:

Subdivision (d) of section 43.1 is amended to read as follows:

(d) Agricultural equipment consists of agricultural tractors, self-propelled implements of husbandry, and towed, mounted or semi-mounted implements of husbandry. Implement of husbandry shall mean a vehicle designed or adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry. Agricultural equipment lighting requirements are contained in Section 43.9.

Subdivision (c) of section 43.9 is amended to read as follows:

(c) This section shall apply only when the agricultural equipment is used on the public highway from one-half hour after sunset to one-half hour before sunrise, and during such other times as visibility for a distance of one thousand feet ahead of or behind such agricultural equipment is not clear. At other times, no lighting equipment is required on agricultural equipment.

Section 68.2 is amended to read as follows:

2. Definitions. (a) A slow-moving vehicle is a vehicle as defined in section 159 of the Vehicle and Traffic Law which is designed to have a maximum travel speed of 25 miles per hour or less. The short form of designation of such a vehicle shall be "SMV".

(b) Agricultural equipment is every agricultural tractor, self-propelled implement of husbandry, and towed, mounted or semi-mounted implement of husbandry, as defined in section 100-d of the Vehicle and Traffic Law.

Subdivisions (a) and (b) of section 68.8 are amended to read as follows:

(a) [Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry] Agricultural equipment, whether towed or self-propelled, designed for operation at speeds not in excess of 25 miles per hour, when traveling on or moving along a public highway during day or night, shall each display the slow-moving vehicle emblem [except as provided in subdivision (b) of this section].

(b) Repealed. [Every combination of farm tractor and towed farm equipment or implement of husbandry normally operating at speeds not in excess of 25 miles per hour when traveling on or moving along a public highway during day or night shall display the slow-moving vehicle emblem as follows:

(1) Where the towed unit or any load thereon obscures the slow-moving vehicle emblem on the farm tractor, the towed unit shall display the slow-moving vehicle emblem. In such cases, the towing vehicle need not display the emblem.

(2) Where the slow-moving vehicle emblem on the farm tractor unit is not obscured by the towed unit or its load, then either or both may be equipped with the required emblem but it shall be sufficient if either has it.]

Text of proposed rule and any required statements and analyses may be obtained from:

Carrie L. Stone, Department of Motor Vehicles, Counsel's Office, Room 526, Albany, NY 12228, [phone]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

Chapter 350 of the Laws of 2008, effective January 1, 2009, adds a new definition of “agricultural equipment”, Vehicle and Traffic Law section 100-d, and requires both self-propelled and non-self-propelled (e.g. towed) agricultural equipment to each have the slow-moving vehicle emblem attached. It also requires self-propelled agricultural equipment to be equipped with lamps approved by the commissioner during times of limited visibility, as well as one-half hour after sunset to one-half hour before sunrise.

This is submitted as a consensus rule because it merely conforms the commissioner’s regulations to the statutory change.

Job Impact Statement

A Job Impact Statement is not submitted with this statement because it will not have an adverse impact on job creation or development in New York State.