Extension of Rule Governing the Transportation of Bulk Milk
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
The Commissioner of the New York City Department of Transportation (“DOT” or “the Department”) is authorized pursuant to Section 2903(a)(1) of the New York City Charter (“Charter”) to promulgate rules and regulations for the conduct of vehicular and pedestrian traffic in the streets, squares, avenues, highways and parkways of the City of New York (“the City”). This proposed rule amends subdivision (i) of section 4-15 of Chapter 4 of Title 34 of the Rules of the City of New York (“RCNY”) in order to reauthorize and amend the permitting system for overdimensional and/or overweight combinations of vehicles utilized by haulers of bulk milk.
On a daily basis, over one hundred vehicles hauling bulk milk enter the City to transport bulk milk to processing facilities and exit the City empty or carrying bulk cream. The vast majority of these vehicles currently exceed the length and weight limitations set forth in Section 4-15 for vehicles operating or moving on highways or bridges in the City. These overdimensional and overweight trucks damage City streets and highways.
In 2009, the City adopted subdivision (i) of section 4-15 of Chapter 4 of Title 34 of the RCNY to give the haulers of bulk milk six years to convert their fleets to smaller trucks that do not require the issuance of overweight/overdimensional permits. To date, this conversion has not been accomplished. The existing rule is set to expire on July 17, 2015.
In order to encourage milk haulers to convert their fleets to trucks that comply with the City’s length and weight requirements and facilitate the continued transport of bulk milk to the City, the Commissioner proposes a rule that extends the permitted transport of bulk milk in overweight/overdimensional trucks for an additional six-year period. This proposed rule also encourages a reduction in the number of overweight/overdimensional trucks used by the haulers by increasing the permit fees should the targeted permit reduction schedule not be attained.
Section 385(15) (d) of the Vehicle and Traffic Law recognizes that milk haulers may be offered permits not available to other truck haulers. The proposed rule authorizes the issuance of quarterly overdimensional and overweight permits over a period of six years in addition to the six-year period established in the original rule and imposes a schedule of fees that increase if the applicant does not decrease the number of permits required.