15 CRR-NY 101.4NY-CRR
15 CRR-NY 101.4
15 CRR-NY 101.4
101.4 Bulk agricultural commodity implements.
(a) For the purposes of this section, a bulk agricultural commodity implement shall mean a piece of farm equipment such as a bulk dry fertilizer spreader, gravity box, hay wagon or forage wagon that is specifically designed for and carrying nonhazardous bulk agricultural commodities. For the purposes of this section, livestock shall not be considered a bulk agricultural commodity.
(b) A bulk agricultural commodity implement being towed by a validly registered, inspected and insured truck shall not be classified as a trailer pursuant to Vehicle and Traffic Law, section 156, provided such implement is equipped and operated as set forth in this section, and provided further that the relationship between the size of the truck and such implement falls within one of the following categories:
(1) For trucks with a manufacturer’s rated carrying capacity from one-half ton up to three- quarter ton, the gross weight of the bulk agricultural implement shall not exceed the manufacturer’s gross vehicle weight rating (GVWR) of the truck.
(2) For trucks with a manufacturer’s rated carrying capacity of three-quarter ton or greater, the gross weight of the bulk agricultural implement shall not exceed 150 percent of the GVWR of the truck.
(c) Width restriction provisions contained in Vehicle and Traffic Law, section 385(1) shall apply to bulk agricultural implements.
(d) In no event shall the combined gross vehicle weight of the truck and bulk agricultural implement exceed 26,000 pounds combined gross vehicle weight rating.
(e) The implement shall not exceed the manufacturer’s gross axle or the tire ratings.
(f) Every combination of motor vehicle and bulk agricultural commodity implement as defined in subdivision (b) of this section shall be exempt from the brake standards of sections 41.1 and 41.2 of this Title.
(g) A bulk agricultural implement towed by a truck meeting the requirements of this subdivision may only be operated on a public highway if:
(1) it is being operated from sunrise to sunset; and
(2) it does not exceed a speed of more than 25 miles per hour; and
(3) the implement exhibits an official slow-moving vehicle emblem as provided in section 68.8 of this Title; and
(4) it is within a 50-mile radius of the address on the truck's registration or, it is within 50 miles of the dealership leasing the bulk agricultural implement; and
(5) it shall utilize a hitch pin manufactured for such purpose and equipped with a safety pin to prevent disengagement under normal operating conditions, or, it shall utilize safety chains between the truck and the bulk agricultural commodity implement in accordance with 49 CFR 393.70(d) (October 1, 1995); and
(6) it is not being operated on an interstate or controlled access highway; and
(7) it is not being driven at any time when highway visibility is less than 1,000 feet.
RESEARCH REFERENCES AND PRACTICE AIDS:
8 NY Jur 2d, Automobiles and Other Vehicles §§ 142, 144, 208.
7A Am Jur 2d, Automobiles and Highway Traffic § 3.
15 CRR-NY 101.4
Current through November 15, 2018
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