17 CRR-NY 154-2.19NY-CRR
17 CRR-NY 154-2.19
17 CRR-NY 154-2.19
154-2.19 Leasing.
(a) The lessee of a leased vehicle, who has an exclusive leasing arrangement that exceeds 30 days, will be presumed to be the registered owner, unless shown otherwise.
(b) The lessor will have grandfather rights for banked weight capacity for F3, F4, F5 or F6 permits to the power units only. Leased trailer do not have grandfather rights.
(c) A leasing entity must have had its vehicles registered in New York prior to January 1, 1986 for F3, F4, F5 or F6 category permits, or currently registered New York for F1 and F2 category permits in order to obtain a divisible load overweight permit for such vehicles. The vehicle must be registered in New York at the time of permit application and for the duration of that permit. To obtain grandfather rights for banked weight capacity for F3, F4, F5 or F6 category permits, the leasing entity must have obtained divisible load overweight permit(s) on power units during the first three months of 1986.
(d) Immediate emergency leasing.
An immediate emergency leasing occurs when leasing is required either to complete a delivery(s) or to remove a vehicle from the highway for safety purposes. The permit will be automatically amended.
(1) The burden is on the owner/lessee to establish that an immediate emergency leasing situation exists.
(2) The immediate emergency leasing will only be valid for two days.
(3) Permit violations are borne by the lessee/owner.
(4) The lease must be carried in the leased vehicle and be open to inspection upon request.
(e) Short-term leasing.
Short-term leasing covers circumstances in which the power unit, trailer, or single vehicle has been rendered inoperable for a short-term, requiring the owner to lease a replacement vehicle. A short-term leasing permit may be obtained if there is no other available vehicle in the registered owner's possession. This leasing situation will apply only if the lessee requires short-term leasing to meet contractual obligations.
(1) Short-term leasing shall not exceed 30 days.
(2) Short-term leasing of a power unit.
The lessee must apply for an amendment to the leasing entity's permit. The leased power unit must have had a divisible load overweight permit in the name of the leasing entity. The permit amendment will identify the lessee as the operator. A copy of the lease must be submitted with the application. The lease or copy must be carried in the power unit and be open to inspection upon request.
(i) The fee for this amendment application is $100.
(ii) If the leasing entity fails to acquire a permit in compliance with this section, the lessee must operate the vehicle or combination of vehicles at nonpermit legal weights.
(iii) The lessee must obtain an annual vehicle permit for a power unit leased more than 30 days (see subdivision [g] of this section).
(3) Short-term leasing of trailers.
The lessee must apply for an amended permit for a trailer. The lessee must have previously obtained an annual vehicle permit for the power unit to be operated with the leased trailer. If the permit is not amended the leased vehicle must have, at least, the weight and vehicle dimensions as that combination of vehicles covered under the original permit, and the combination will be limited to the weight limitations under that original permit. If the lessee has not previously obtained an annual vehicle permit for the power unit which will be operated with the leased trailer, and/or the leased trailer weight and/or dimensions does not qualify for a previously obtained vehicle permit then the lessee must either obtain an annual vehicle permit or amend its permit, as the case may be; otherwise, the lessee is limited to nonpermit legal weights under section 385(6)-(10) of the Vehicle and Traffic Law.
(4) Combination leasing.
The lessee must apply for an amendment of the leasing entity's permit on the power unit for a combination of vehicles.
(f) Anticipated leasing.
Anticipated leasing occurs when the lessee intends to lease either a tractor (power unit) or a trailer for a period in excess of 30 days.
(1) The lessee/registered owner shall be liable for permit violations.
(2) When a leasing arrangement for the tractor (power unit) is for a period greater than or equal to six months, the grandfather rights for banked weight capacity (F3, F4, F5 or F6 category permits only) for that power unit remain in the lessor, unless otherwise contracted. The lessee may not transfer these grandfather rights at the expiration of the leasehold.
(3) If the grandfather rights for banked weight capacity were transferred, the lessee/registered owner must demonstrate:
(i) that the registration was made in the name of the lessee/registered owner;
(ii) that the leasing arrangement was for six months or greater;
(iii) that the vehicle or combination of vehicles met the grandfather provisions of this Part; and
(iv) the certificate of grandfather rights, if one exists, for the vehicle or combination of vehicles.
(4) The grandfather rights for each of the lessor's vehicles can only be utilized once.
(5) Permit application under this section shall be subject to the same terms and conditions as permit application in section 154-2.10 of this Subpart.
17 CRR-NY 154-2.19
Current through December 15, 2021
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