2/27/08 N.Y. St. Reg. TRN-09-08-00003-P
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 section 154-1.14 of Title 17 NYCRR.
Statutory authority:
Vehicle and Traffic Law, section 385(15); Transportation Law, section 14(18)
Subject:
Modification of the warning lamp requirements for nondivisible load permitted vehicles.
Purpose:
To remove language requiring vehicle headlights to be on during daylight operation, consistent with Federal regulations.
Text of proposed rule:
Section 1. The opening paragraph of Section 154-1.14 of Subpart 154-1 of Part 154 of Title 17 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:
All vehicle headlights and other steady burning exterior lights shall be turned on for both the [permitted load] certified escort and escort vehicle. Additional lights are required as follows:
Text of proposed rule and any required statements and analyses may be obtained from:
Kenneth S. Dodge, Manager OS/OW Permit Program, Department of Transportation, Central Permit Office, 50 Wolf Rd., First Fl., Albany, NY 12232, (518) 457-1795, e-mail:
kdodge@dot.state.ny.usData, 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
The Department of Transportation annually issues approximately 100,000 special hauling permits to over 5000 customers. Since April 2006, The Department has been meeting with customers and with associations that represent the trucking industry, as well as holding a number of listening forums, in an attempt to identify problems with the existing permitting process for hauling permits.
Industry identified a problem associated with recent changes in State and Federal laws covering operation of commercial vehicles. When operators comply with current permitting regulations, they may be in violation of Federal laws covering lighting.
This proposed revision to Section 154-1.14 of Part 154 of Title 17 of the Official Compilation of Codes, Rules and Regulations of the State of New York will remove the conflicting provision in New York law that requires special hauling permitted vehicles have headlights on during the day. Based on comments received so far, the Department anticipates that the industry and individual permit applicants will support this proposal and that the Department will receive no substantive comments in opposition. Accordingly, the Department is treating this proposed change as a consensus rule making.
Job Impact Statement
This is a proposed revision to Section 154-1.14 of Part 154 of Title 17 of the Official Compilation of Codes, Rules and Regulations of the State of New York to modify warning lamp requirements for permitted vehicles. Since this proposal involves a minor change removing a conflict between state and federal laws, a job impact statement has not been submitted. The proposed regulation will not have any adverse impact on jobs.
