Part 8000 of Title 15 of the Codes, Rules and Regulations of the State of New York is hereby amended to add new sections 8000.7, 8000.8, 8000.9, 8000.10,8000.11 and 8000.12 to read as follows:
Section 8000.7
A “truck” as used in section 8000.9, section 8000.10and section 8000.11of this Part shall mean any combination of vehicles consisting of a tractor and one or more trailerswith a length of 45 feet or more.
Section 8000.8
A “terminal” as used in sections 8000.10 and 8000.11 of this Part shall mean any location where freight either originates or terminates, or is handled in the transportation process, or any location where a commercial motor carrier maintains operating facilities.
Section 8000.9
A “facility” as used in sections 8000.9 and 8000.10 of this Part shall mean any location that is actually used to provide fuel or service for a truck or food or rest for a truck driver.
Section 8000.10
(a) A truck shall use the national network (qualifying highways), as such network is designated by the Commissioner of Transportation and the Federal Highway Administration,as the primary means for reaching terminals, facilities and sites for the delivery or pickup of merchandise or other property.
(b)A truck shall use the State access highways, as such highways are designated by the Commissioner of Transportation, to reach terminals, facilities and sites for the delivery or pickup of merchandise or other property only if the truck may lawfully use such highway in accordance with the length, width and weight restrictions of the Vehicle and Traffic Law and:
(1)such access highway is the exclusive highway providing access to the specific terminal, facility or site for the pickup or delivery of merchandise or other property; or
(2)use of such access highway is reasonably necessary to access the specific terminal, facility or sites for the pickup or delivery of merchandise or other property or to return to the network of qualifying highways.
(c)A truck shall only use a State highway that is neither a qualifying highway nor a State access highway if the truck may lawfully use such highway in accordance with the length, width and weight restrictions of the Vehicle and Traffic Law and:
(1)such highway is the exclusive highway providing access to the specific terminal, facility or site for the pickup or delivery of merchandise or other property; or
(2)use of such highway is reasonably necessary to accessthe specific terminal, facility or sites for the pickup or delivery of merchandise or other property or to return to the network of qualifying highways.
Section 8000.11
(a)In determining whether the use of a highway is reasonably necessary to access a specific terminal, facility or sites for the pickup or delivery of merchandise or other property, the following factors willbe considered:
(1)whether a qualifying highway provides a reasonable alternative means of access to the location, considering that the qualifying highways represent the highways best suited for truck travel;
(2)whether a State access highway provides a reasonable alternative means of access to the location, considering that State access highways represent the highways best suited for truck travel where the use of a qualifying highway is not reasonably available;
(3)the location(s) of the truck’s other destination(s) while off the qualifying highways;
(4)the locations of facilities that the truck or its driver may require as the truck travels to and from its various destinations;
(5)whether the highway has traffic lanes designed to be a width of eleven feet or more, considering that wider travel lanes can typically better accommodate truck traffic and truck turning movements;
(6)whether the highway has grade separated interchanges, with the goal of limiting truck travel through at-grade intersections;
(7)the degree to which the highway is in close proximity to residential areas, with the goal of limiting truck travel through residential areas;
(8)whether highway closures, weather conditions or other factors render alternative routes inaccessible or unavailable for truck travel;
(9)whether the highway has marked or unmarked pedestrian crossings and whether the highway isused by pedestrians, with the goal of limiting the interaction of trucks and pedestrians;
(10)whether the highway is used by bicyclists, with the goal of limiting the interaction of trucks and bicyclists;and
(11)whether the highway has at grade access to school buildings, with the goal of limiting the interaction of trucks, school buses and school children;
(12)whether the highway traverses a watershed, river front, lake front or other area that is environmentally sensitive;
(13)whether the use of the highway by trucks presents noise impacts that could be avoided by the use of an alternative route; and
(14)other factors that have a bearing upon the use of the highway by trucks and other highway users orpersons in close proximity to the highway.
(b)Upon the written request of a municipality, truck owner or operator, law enforcement agency, shipper of property or an owner of operator of a terminal or facility, the Commissioner of Transportation shall provide an opinion as to whether use of a highway is reasonably necessary to access a specific terminal, facility or site for the pickup or delivery of merchandise or other property.
(c)Use of the following routes is not reasonably necessary to accessthe named terminal(s), facility(ies) or site(s) for the pickup or delivery of merchandise or other property, as specified below:
[The regulation could list specific routes that may not be used to provide access to specific terminals or other locations under conditions specified with regard to the listed routes. Routes that are not reasonably necessary to use for access could be listed in the initial regulation and/or routes could be added by subsequent regulatory amendments. ]
Section 8000.l2
The provisions of sections 8000.7, 8000.8, 8000.9, 8000.10 and 8000.11 shall be construed in accordance with the applicable provisions of 23 C.F.R. Part 658 and any other provisions of federal law or regulation relating to the use of State highways by trucks and shall not apply to the extent inconsistent with federal laws, regulations or requirements. The Commissioner of Transportation is hereby authorized to suspend sections 8000.7, 8000.8, 8000.9, 8000.10 and 8000.11, in whole or in part, to the extent that the Commissioner of Transportation deems necessary, if the Commissioner determines that any of the provisions of sections 8000.7, 8000.8, 8000.9, 8000.10 and 8000.11 are not consistent with applicable federal laws, regulations, orrequirements or that the application of such provisions would jeopardize the State of New York’s receipt of federal aid.