[Adopted 2-2-1999 by L.L. No. 1-1999;
amended in its entirety 2-15-2000 by L.L. No. 1-2000]
The following words and phrases when used in
this article shall, for the purposes of this article, have the meaning
respectively ascribed to them in this article except where another
definition is specifically provided. Any words or phrases used in
this article and not referred to in this section shall have the meaning
respectively ascribed to them as defined in the New York State Vehicle
and Traffic Law.
Every motor vehicle having a seating capacity of 15 or more
passengers in addition to the driver and used for the transportation
of passengers.
The Department of Transportation of this state acting directly
or through its duly authorized officers and agents.
Every person who operates or drives or is in actual physical
control of a vehicle. Whenever the terms "chauffeur" or "operator"
or "chauffer's license" or "operator's license" are used in this article,
such terms shall be deemed to mean driver and drivers license respectively.
A motor vehicle which operates under its own power and which
precedes or follows a vehicle or combination of vehicles that has
been issued a special hauling permit by the Department of Transportation.
The weight of a vehicle without load, plus the weight of
any load thereon.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A roadway which is divided into two or more clearly marked
lanes for purposes of vehicular travel.
The weight of the vehicle unladen, plus the weight of the
maximum load to be carried by such vehicle during the registration
period or the maximum gross weight for which the vehicle is registered,
whichever is greater.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except electrically-driven
mobility assistance devices operated or driven by a person with a
disability; vehicles which run only upon rails or tracks; snowmobiles
as defined in the New York State Vehicle and Traffic Law; all-terrain
vehicles as defined in the New York State Vehicle and Traffic Law.
The term "motor vehicle" shall exclude fire and police vehicles other
than ambulances. For the purpose of this section, the term "motor
vehicle" shall exclude farm-type tractors and all-terrain-type vehicles
used exclusively for agricultural purposes, or for snow plowing, other
than for hire, farm equipment, including self-propelled machines used
exclusively in growing, harvesting or handling farm produce, and self-propelled
caterpillar or crawler-type equipment while being operated on the
contract site.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
That portion of a highway improved, designed, marked or ordinarily
used for vehicular travel, exclusive of the shoulder and slope. In
the event a highway includes two or more separate roadways, the term
"roadway" as used herein shall refer to any such roadway separately
but not to all such roadways collectively.
Any trailer which is so designed that when operated the forward
end of its body or chassis rests upon the body or chassis of the towing
vehicle.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the public for
purposes of vehicular travel.
A motor vehicle designed and used as the power unit in combination
with a semitrailer or trailer or two such trailers in tandem. Any
such motor vehicle shall not carry cargo, except that a tractor and
semitrailer engaged in the transportation of automobiles may transport
motor vehicles on part of the power unit.
Any vehicle not propelled by its own power drawn on the public
highways by a motor vehicle as defined in this section, except motorcycle
side cars, vehicles being towed by a nonrigid support and vehicles
designed and primarily used for other purposes and only occasionally
drawn by such a motor vehicle.
Every motor vehicle designed, used or maintained primarily
for the transportation of property.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
A.Â
Except as expressly permitted by the United States
or the New York State Department of Transportation, and except where
the requirement for local delivery will permit no alternate legal
route, no person shall operate or move or cause or knowingly permit
to be operated or moved on any public street in the Village of Monroe
any vehicle or combination of vehicles of a size or weight exceeding
the limitations provided for in this section.
B.Â
Width.
(1)Â
The width of a vehicle, inclusive of load, shall be
not more than 96 inches, plus safety devices, on any Village highway
in the Village of Monroe.
(2)Â
The provisions of Subsection B(1) of this section shall not apply to vehicles and implements or combinations thereof not over 13 feet in width, used solely for farm purposes, during the period from sunrise to sunset, provided that at least two red flags not smaller than 24 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least 500 feet. However, no such vehicles, implements or combinations thereof shall be operated on any highway after 10:00 a.m. on any Saturday, Sunday or legal holiday, except for trips of two miles or less.
C.Â
The height of a vehicle from the underside of tire
to the top of the vehicle, inclusive of load, shall be no more than
13 1/2 feet. Any damage to highways, bridges or highway structures
resulting from the use of a vehicle exceeding 13 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.
D.Â
Length.
(1)Â
The length of a single vehicle, inclusive of load
and bumpers, shall not be more than 40 feet unless otherwise provided
in this subsection.
(2)Â
The length of a semitrailer or trailer shall not exceed
45 feet except as provided in this subsection; provided, however,
that the length of any trailer or semitrailer being operated in combination
with another trailer or semitrailer shall not exceed 28 1/2 feet.
(3)Â
The length of buses having a carrying capacity of
more than seven passengers shall not exceed 45 feet, except that the
length of articulated buses shall not exceed 62 feet.
(4)Â
The provisions of this subsection shall not apply
to fire vehicles.
(5)Â
Any semitrailer with a length not to exceed 48 feet
may be operated on any town highway, provided that the total length
of a combination of vehicles, including such a semitrailer, does not
exceed 60 feet.
E.Â
Additional restriction on length; exceptions.
(1)Â
The total length of a combination of vehicles, inclusive
of load and bumpers, shall not be more than 60 feet.
(2)Â
The provisions of Subsection E(1) of this section shall not apply to:
(a)Â
Vehicles of a corporation which are 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 New York State pertaining to over-length vehicles.
(b)Â
Vehicles hauling poles, girders, columns or
other similar objects of excess length, provided that any such vehicle
complies with the safety requirements of the laws and regulations
of the United States and of New York State pertaining to such overlength
vehicles.
(c)Â
Fire vehicles.
(d)Â
Any 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 10 miles for the purpose of
repairs or removal from the highway.
(e)Â
State and/or municipally owned vehicles engaged
in snowplowing, ice clearing or other emergency-type operations.
F.Â
In determining the number of wheels and axles on the
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 46 inches apart from center to center shall be counted as
one axle. However, in the case of multiple tires or multiple wheels,
the sum or the widths of all the tires on a wheel or combination of
wheels shall be taken in determining tire width.
G.Â
Subject to the provisions of the section of this article
governing maximum vehicle gross weights, 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
800 pounds.
H.Â
Subject to the provisions of the section of this article
governing maximum vehicle gross weights, 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 11,200 pounds.
I.Â
Subject to the provisions of the section of this article
governing maximum vehicle gross weights, the weight on any one axle
of a single vehicle equipped with pneumatic tires, when loaded, shall
be not more than 22,400 pounds.
J.Â
Subject to the provisions of the section of this article governing maximum vehicle gross weights, 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 36,000 pounds, except where axles are spaced eight feet or greater, but less than 10 feet, the weight on those two axles shall not exceed that permitted by Subsection K(2) of this section and, in addition, shall not exceed 40,000 pounds. Axles shall be counted as provided in Subsection F of this section.
K.Â
Subject to the provisions of the section of this article governing maximum vehicle gross weights, 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 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axle to the center or the rearmost axles. Axles are to be counted as provided in Subsection F of this section. In no case, however, shall the total weight exceed 80,000 pounds. For any vehicles or combination of vehicles having a total gross weight less than 71,000 pounds, the higher of the following shall apply:
(1)Â
The total weight on all axles shall not exceed 34,000
pounds, plus 1,000 pounds for each foot and major fraction of a foot
of the distance from the center of the foremost axles to the center
of the rearmost axles; or
(2)Â
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 500 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 the number of axles in the group under consideration, except that the two consecutive sets of tandem axles may carry a gross load not to exceed 34,000 pounds, provided that the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more. For any vehicle or combination of vehicles having a total gross weight of 71,000 pounds or greater, this Subsection K(2) shall apply to determine maximum gross weight which is permitted hereunder, subject to the provisions of the subsection of this section governing maximum vehicle gross weights.
|
L.Â
No vehicle shall be operated on the public streets
of the Village of Monroe other than on pneumatic tires.
M.Â
For the purpose of this section, the width of pneumatic
tires shall be ascertained by measuring the greatest width of the
tire casing when the tire is inflated.
N.Â
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.
O.Â
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 that 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 only for the purpose of receiving such
appearance ticket or summons. In addition, a notice containing all
pertinent information relating to the charge which is contained on
the summons or appearance ticket shall be mailed by or on behalf of
the person who issued the appearance ticket or summons to the registrant
on file with the Department of Motor Vehicles of said state within
five days after the date of issuance of the appearance ticket or summons
but at least five days before the return date specified on the appearance
ticket or summons. Proof of mailing to the registrant under this section
shall be filed with the court in which the appearance ticket or summons
is returnable on or before the return date. The provisions of this
motor vehicle or to any motor vehicle or trailer which is registered
in the name of a person whose principal.[1]
[1]
Editor's Note: So in original.
P.Â
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 subsections of this section.
No other disposition by plea of guilty to any other charge in satisfaction
of such shall be authorized; provided, however, that if the prosecuting
attorney, upon reviewing the available evidence determines that the
charge of a violation of this section is not warranted, he may consent,
and the court may allow, a disposition by plea of guilty to that or
another charge in satisfaction of such charge; provided, however,
that the court must impose at least the minimum fine as authorized
in this section for the offense.
Q.Â
Violations and penalties.
(1)Â
A violation of the provisions of this section shall be punishable by a fine of not less than $200 nor more than $500, or by imprisonment for not more than 30 days, or by both Such fine and imprisonment, for the first offense; by a fine of not less than $500 nor more than $1000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment, for the second or Subsequent offense, in both cases plus the fine provided in Subsection Q(2) of this section.
(2)Â
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in any of these sections, or the weight limitations specified by a permit issued by the United States Department of Transportation or New York State Department of Transportation, 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 (in addition to the lines as prescribed in Subsection Q(1) of this section:
|
Excess Total Weight
(pounds)
Greater Than
|
Excess Total Weight
(pounds)
Less Than or Equal To
|
Amount of Fine
|
|---|---|---|
|
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
|
|
Greater than 30,000
|
$2,700, Plus
|
|
NOTES:
| ||
|---|---|---|
|
(a)
|
Where the excess total weight is greater than
the limits specified by a United States or New York State Department
of Transportation excess weight permit, the permit shall, for the
purposes of computing the fine, be deemed void, and 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)
|
The $0.06 per pound in addition to the $2,700
is for each pound greater than 30,000 pounds.
| |
(3)Â
A violation of the provisions of this section by a vehicle or combination of vehicles whose weight exceeds the weight limitations specified by a permit issued by the United States or New York State Department of Transportation 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 in addition to the fines as prescribed in Subsection Q(1) of this section.
|
Percentage of Excess Weight Greater Than
|
Percentage of Excess Weight Less Than
or Equal To
|
Amount of Fine
|
|---|---|---|
|
0%
|
5%
|
$100
|
|
5%
|
10%
|
$200
|
|
10%
|
15%
|
$350
|
|
15%
|
20%
|
$600
|
|
20%
|
25%
|
$1,000
|
|
25%
|
30%
|
$1,600
|
|
30%
|
$2,450
|
|
NOTES:
| ||
|---|---|---|
|
(a)
|
Where the excess axle or axles' weight is greater
than the limits specified by a permit issued by the United States
or New York State Department of Transportation, the permit shall,
for the purposes of computing the fine, be deemed void, and the amount
of the 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.
| |
(4)Â
In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection K and also of Subsections I and J or both Subsections I and J 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 section.
(5)Â
The court may impose any sentence authorized by this
section; provided, howsoever, that any such sentence must include
a fine as provided in this section.
(6)Â
All fines collected as a result of the above schedule
shall remain the property of the Village of Monroe.
