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Under the Act, the Federal Highway Administration (FHWA) with the assistance of individual states established a system of highways to allow a certain classification of large vehicles to travel on. These vehicle combinations were longer than combinations of that era, but were within the maximum weight limit of 80,000 pounds. The FHWA’s policy was to provide a safe and efficient National Network of highways that could safely and efficiently accommodate the large vehicles authorized by the STAA. This network included the Interstate System plus other qualifying Federal-aid Primary System Highways (multilane highways with minimum lane widths of 12 feet). In New York, highways that were part of the National Network became known as Qualifying Highways. Initially, vehicle combinations that were allowed on the National Network included tractor trailer combinations with 48’ trailers x 102” widths, twin 28’ tandems, maxi-cubes, triple saddle mounts, and stinger steered auto carriers. The list of allowable vehicle combinations has been expanded over the years to include boat and beverage transporters plus other combinations. These vehicles were referred to as STAA vehicles and their ability to travel off the National Network was limited to 1500 feet from an interchange or intersection. To travel off the system, individual states established their own regulations which varied from state to state. Most of the time, STAA vehicle combinations would leave the National Network in order seek “Reasonable Access” for gas, food, lodging, repairs or a terminal. A terminal was defined as a location where pick up and/or deliveries of freight were made. An interpretation by FHWA also allowed a terminal to include the facility where the vehicle was kept overnight. Where permitted by local zoning regulations, this could include the residence of the truck driver. In New York, the highways for which STAA vehicles could travel off system were called Access Highways. This category of highway is the State version of the National Network, but was not a part of the National Network. Travel on these highways are more restrictive than on the National Network. New York Access Highways were designated by the New York State Department of Transportation (NYSDOT) regardless of ownership (state, county, city, town, village, or authority). During the 1980’s, NYSDOT designated truck access highways in order to accommodate STAA vehicles seeking access to facilities further than 1500 feet beyond the National Network. It was an era when longer sleeper cabs were becoming popular and truck sizes in general were growing. Hence, their ability to use state and local roads was limited without the designation. The idea of larger trucks on state and local roads was controversial and many municipalities urged their elected officials not to allow the trucks to pass through their communities. The criteria used at the time was very subjective and in some cases, potentially outright discriminatory by today’s standards. Access requests were often arbitrarily approved and/or denied. There were no requirements to issue a decision within a specific time-period and requests often lingered for several years. Approvals were not necessarily based on engineering and safety considerations, but rather by public opinion and the proverbial “small town politics”. Time restrictions on use of STAA vehicles were often implemented that made deliveries more costly. In all, the process was not working as intended and it was a candidate for improvement.

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1990’s - Federal Mandates and the 1990 Omnibus Truck Safety Bill FHWA compiled a lengthy collection of complaints about states that were allegedly abusing the process and hindering commerce. FHWA eventually sought to reform the program by issuing a mandate in June 1990 that put in place specific regulations that would eliminate the on-going issues that limited the efficient use of the STAA vehicles. States were given one year (until June 1, 1991 to have their designated truck access highway program criteria approved by FHWA or they would be Federally pre-empted and required to follow the new Federal regulations outlined in 23 CFR 658 (Truck Size and Weight, Route Designations – Route Designations – Length, Width and Weight Limitations). During that year, New York made minor changes to its process in hopes of securing FHWA approval. FHWA deemed the NYSDOT proposal as onerous to the trucking industry and subsequently denied approval on April 1, 1991. NYSDOT then requested a six-month extension to modify their plan. That request was also denied. After the one year grace period expired, New York was pre-empted on June 1, 1991 and required to follow the new Federal regulations in 23 CFR 658.19. On another front, the 1990 Omnibus Truck Safety Bill was enacted. This state legislation increased trailer lengths from 45’ to 48’, allowed for a broader use of 102” wide vehicles, and increased the maximum vehicle combination length from 55’ to 65’. It also authorized the use of 53’ trailer combinations effective November 1990. These vehicles were not STAA vehicles, but were treated in a similar fashion with one major exception. Per § 385(3)(e) of the Vehicle & Traffic Law, the 53’ trailer combinations were restricted to the Qualifying and Access Highway system. Because New York City felt that 53’ trailers would be unable to maneuver effectively on City streets, a provision was included in the legislation that prohibited the vehicles within the City. However, to provide service to Long Island, one specific route corridor consisting of the following interstate highways was approved for travel to Long Island. The New York City interstate routes approved for 53 foot trailers were as follows:

I 95 - Bronx-Westchester County line to I 695 I 695 - I 95 to I 295 I 295 - I 695 to I 495 via the Throgs Neck Bridge I 495 - I 295 to Queens-Nassau County line

Effective March 5, 2015, under local home rule, NYC added two additional routes to be utilized by 53’ trailers within NYC. Section 4-15 of Title 34 of the Rules of the City of New York was amended to allow 53’ trailers on the following routes in NYC:

I 95 - NJ State Line on the George Washington Bridge (upper level) to I 695 I 678 - I 95 to John F. Kennedy International Airport

New York had previously used the term Special Dimension Vehicles (SDV) as an alternate term for STAA vehicles. With the advent of 53’ trailers becoming legalized in New York, the term Special Dimension Vehicle became to include two subsets of vehicle combinations: STAA vehicles + 53’ trailers. On June 1, 1991, the new Federal mandates regarding truck access were enacted in New York by default. There were several elements in the new Federal regulations that

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impacted how designations were to be made. They included key provisions on the following:

1. Time to act (approve/deny) 90 days 2. Decision criteria Safety & Engineering Analysis 3. Time Restrictions Voided existing restrictions, but

allow new ones with conditions 4. Definition of a “Terminal” Broad definition 5. Automatic Access Extended to 1 road mile from a

Qualifying Highway 6. Local Compliance Responsibility of individual State 7. State Access Review Procedure Mandated & subject to FHWA

approval Time to act (approve/deny) - With the implementation of the new Federal regulations, NYSDOT had to act formally on all requests to designate an access highway within 90 days or it automatically became approved by default under Federal regulations. NYSDOT policy since 1991 has been only to deny applications and not necessarily approve them. If an engineering study indicates that the proposed route meets the Federal criteria for approval, then NYSDOT lets the clock expire without a decision, thereby granting approval by default. A timetable is provided in Appendix B. Decision Criteria - An unintended consequence of the pre-emption meant that interpreting 23 CFR 658.19 became more complex for New York due to overlapping regulations and laws (Federal and State) that drives the process. This was especially true for the Decision Criteria element. Truck access denials can only be made on the basis of safety and engineering considerations (23 CFR 658.19). This is a very broad statement and has been previously clarified by the FHWA to mean that the safety and engineering concerns have to be explicitly unique to special dimension vehicles. 23 CFR 658.19(e) requires that "distinctions between vehicle types shall be based only on significant, substantial differences in their operating characteristics". If elements like degree of curve, sight distance, speed limits, etc. are considered, they will be similar for both standard trucks and STAA (Surface Transportation Assistance Act) vehicles. If it is inadequate for the standard vehicles, then it probably is inadequate for the STAA vehicles. Therefore, the process selects those characteristics that are unique to the STAA vehicles. As a result, the term “engineering and safety concerns” had to be more tightly defined and the interpretation has limited those safety and engineering concerns to the following three criteria:

1. Adequate lane width for 102" wide vehicles - A lane width of 10’ is considered acceptable. It should also be noted that the 10’ travel lane can include shoulder width. Therefore, it is possible to have a 9’ lane plus a one foot shoulder and meet the minimum lane width. There is no mandate that a shoulder be provided. It should be noted that in 1990, the New York State Legislature passed legislation which authorized the maximum vehicle width to be 102" on highways outside New York City with a minimum of a 10’ wide lane (Vehicle & Traffic Law, Section 385). While 12’ lanes and 6’ to 8’ shoulders are preferable; STAA vehicles can effectively maneuver on 10’ lanes. 2. Significant Off-tracking - All tractor-trailer truck combinations off-track. However, the amount of off-tracking varies dependent upon the type of vehicle.

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There is a misconception that the longer or wider the vehicle, the greater the off-tracking. This is not necessarily true, especially with special dimension vehicles. Twin 28’ tandems have the best off-tracking characteristics (i.e. off-tracks the least amount) while the worst off-tracking characteristics were a tie between the standard 48' x 102" trailer and 53’ trailer with a 43’ kingpin distance. In 1990, the New York State Legislature increased the legal length of trailers from 45 feet to 48 feet. At the same time, it made provisions to allow virtually unlimited access (at least on the State system) to 102" wide trailers. As a result, the 48' x 102" trailer became the de facto standard in New York. This tractor-trailer combination can go virtually anywhere without requiring the highway to be designated as an access highway. Prior to the introduction of the 48' x 102" trailer as the State standard, it was common knowledge that even the 45' x 96" trailers exhibited off-tracking characteristics that would sometimes cause the vehicle combination to stray over an edge line or centerline. If this occurred with the smaller combination, then it was likely that it would also occur with the new standard truck size. When the Legislature approved universal use of the 48' x 102" trailer combination (an STAA vehicle), it implicitly accepted (maybe unintentionally) the fact that there would be off-tracking (including centerline and edge line off-tracking). Ideally, it would be preferred that no vehicle would ever off-track such that it encroached on an edge line or centerline. In reality, this does occur and a certain amount of off-tracking is tolerated. The question is how much is too much? Previous NYSDOT discussions with FHWA have resulted in the interpretation that because New York State law granted virtually unlimited access to the 48' x 102" STAA trailer combination, that vehicle should be used as the benchmark for what is significant off-tracking. Otherwise, New York would risk being accused of discriminatory actions. In summary, significant off-tracking is not one inch or one foot over the centerline, but anything greater than what would be theoretically produced by the 48' x 102" trailer combination. Therefore, the 48' x 102" off-tracking has been accepted as the standard benchmark. If a vehicle combination off-tracks more, then it is not tolerated and access can be denied. 3. Accident history – NYSDOT is allowed to examine the history of truck accidents on the given highway. Only the accident history of large trucks is used. Typically, a 2 to 3 year history is viewed and then the accident rate is computed and compared against the statewide accident rate for a similar type of highway. If the accident rate is several standard deviations above the mean, then that is an indication that there is an accident problem involving large trucks. Under these circumstances, it would be appropriate to deny access or allow access only with restrictions such as time limits on the hours of operation. It must be realized that every highway has the potential to be the scene of an accident. The 1991 Federal regulations eliminated subjectivity from the approval process. Prior to that time, states could consider such factors as accident potential. Also, in the de-designation process, the FHWA recommended that de-designation not be based on one spectacular accident, but rather a documented accident history. It is NYSDOT’s obligation to address the actual and not the perceived problem.

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Safety reasons, as described in these regulations, do not include non-truck accident history, congestion, or perceived fears about the potential dangers of large trucks.

Time Restrictions – All existing time restrictions as of June 1, 1991 were declared invalid. Authority was provided to allow for new time restrictions and the restoration of former time restrictions if a study indicated a definite safety problem unique to Special Dimension Vehicles could be quantified. Such an example would involve a route where there is a high accident rate for SDVs or large trucks during the hours of the time restriction. Congestion is not a valid safety reason since time restrictions are unrelated to the capability of the route to physically accommodate SDVs. Definition of a “Terminal” - The definition was expanded to include such facilities as auto showrooms or the house of an independent trucker (commercial motor carrier operating facility) provided all zoning ordinances are met. Automatic Access – STAA vehicles may now operate on all highways within one road mile of Qualifying Highways (National Network) using the most reasonable and practicable route available, except for specific safety reasons on individual routes. The National Network consist of all Interstates plus specifically designated Federal Aid Primary System highways. For Qualifying Highways with ramps, the one mile is measured in a direction from an on or off ramp that would extend the one mile distance the furthest. Previously, the distance was limited to 1500’. Local Compliance - NYSDOT must now ensure that local governments comply with the Federal rules and regulations on designating access for highways under their jurisdiction. As a result, local governments cannot enact legislation to supersede the provisions of the Federal regulations. State Access Review Procedure – NYSDOT became required to assure FHWA that their review procedure for approving designated truck access requests was in compliance with 23 CFR 658. A number of meetings between FHWA Albany Division and NYSDOT occurred in the latter part of 1991 in which FHWA concurred that the NYSDOT was in compliance. There was some initial confusion regarding the Decision Criteria being used, but after a review of existing state laws, it became evident that the state laws established a more restricted framework for which approval/denial could be made. The STAA 48’ x 102” trailer can travel on most public highways under state law. It also has the worst off-tracking characteristic (tied with a 53’ trailer with a 43’ kingpin distance). As a result, that is the benchmark vehicle and access is granted to all SDVs which can meet or exceed the off-tracking standards of the 48’ x 102”, provided lane widths are 10’ wide and there is no severe accident history involving large trucks. These changes are explained in more detail in Appendix F.

Longer Combination Vehicles (LCV) & the ISTEA Freeze of 1991 Another class of vehicles are Longer Combination Vehicles (LCV) which consist of any combination of a truck tractor and two or more trailers or semitrailers which operates on the Interstate System at a gross vehicle weight greater than 80,000 pounds. While triple 28’ tandem trailers are not allowed in New York, double 48’ tandem combinations are currently allowed and they are restricted to the New York State Thruway System

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excluding I 287 from Exit 8 to I 95. LCVs may also use highways immediately adjacent to the Thruway that are listed in § 385(16) of the New York Vehicle & Traffic Law. Unless otherwise specified, the listed routes may be used by all Special Dimension Vehicles. On June 1, 1991 the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) was enacted. Prior to that date, there was nationwide concern about the increasing size (length and weight) of these vehicle combinations and whether or not they could safely transverse the Interstates and other highway systems. A moratorium was enacted that essentially froze the existing network of LCV route across the country. No new LCV routes could be created if they were a part of the National Network. What was initially meant to be a temporary measure while a study was conducted on the safety impacts, the freeze remains in place, more than 25 years later. However, New York and other states have been able to create new LCV routes as long as they are not on the National Network. New York requires state legislation in order to create a new LCV route. Additional information regarding LCV criteria is explained in more detail in Appendix D.

Changes from 1991 to 2017 There have been changes on both the Federal and State level since ISTEA. Federal Changes – 23 CFR 658 Drive-away Saddlemount Vehicle Transporters – 23 CFR 658

23CFR 658.13 (e)(iii) Drive-away saddlemount vehicle transporter combinations are considered to be specialized equipment. No State shall impose an overall length limit of less or more than 97 feet on such combinations. This provision applies to drive-away saddlemount combinations with up to three saddlemounted vehicles. Such combinations may include one fullmount. Saddlemount combinations must also comply with the applicable motor carrier safety regulations at 49 CFR parts 390399. Fixing America’s Surface Transportation Act (FAST) – 23 CFR 658

The Fixing America’s Surface Transportation Act (FAST Act) became effective on December 4, 2015. Subsequently, State Legislation was enacted in June 2017 to bring existing state laws into conformance with the provisions of the FAST Act. See Appendix E for more details. The Fast Act has an impact on several truck related size and weight provisions. Among them are changes in the maximum length of a stinger-steered autocarrier (extended from 75’ to 80’ plus overhangs are increased to 4’ in front & 6’ in rear) and the creation of a maximum length (not less than 82’) for towaway trailer transporter combinations. These dimensions apply on the National Network and reasonable access highways.

Automobile transporters

The FAST Act revised the definition of the term “automobile transporter” to allow for the transport of general freight on a return trip (“backhaul”), so long as the vehicle still complies with Interstate System weight restrictions. The Act also prohibits States from imposing a length limitation of less than 80 feet and adjusts allowable front and rear

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overhangs on certain automobile transporters. [FAST Act §5520; 49 U.S.C. 31111(a)-(b)]

Towaway trailers

The FAST Act provides that a State may not prohibit a Towaway Trailer Transporter Combination of less than 82 feet from traveling on the National Network. For the purpose of this provision, the Act defines the term:

“Trailer Transporter Towing Unit” to mean a power unit that is not used to carry property when in a Towaway Trailer Transporter Combination; and

“Towaway Trailer Transporter Combination” to mean a combination of vehicles consisting of a Trailer Transporter Towing Unit and 2 trailers or semitrailers as inventory.

To fall within the definition of “Towaway Trailer Transporter Combination,” the total weight of the property and the combination may not exceed 26,000 pounds. [FAST Act § 5523; 49 U.S.C. 31111(a)-(b)]

State Legislation - New York State Vehicle & Traffic Law Sections § 101-b: Boat transporter. Any vehicle combination designed and used specifically for the transport of boats. § 127: Overhang. That portion of a transported vehicle or boat which extends beyond the front or rear bumper of an automobile transporter or stinger-steered automobile transporter or boat transporter or stinger-steered boat transporter. § 145-f: Stinger-steered boat transporter. A boat transporter configured as a semitrailer combination wherein the fifth wheel is located on a drop frame located behind and below the rear-most axle of the power unit. § 385(3)(e): 53’ Trailer Kingpin Distance. Except in any city not wholly included within one county (i.e. New York City), any semitrailer with a length in excess of forty-eight feet, but not exceeding fifty-three feet, may be operated on any qualifying highway or specifically designated access highway if the distance between the kingpin of the semitrailer and the centerline of the rear axle does not exceed forty-three feet and if the semitrailer is equipped with a rear-end protective device of substantial construction consisting of a continuous lateral beam extending to within four inches of the lateral extremities of the semitrailer and located not more than twenty-two inches from the surface as measured with the vehicle empty and on a level surface. In addition, such vehicles may be operated on that portion of interstate ninety-five which connects interstate two hundred eighty-seven with interstate two hundred ninety-five, that portion of interstate two hundred ninety-five which connects interstate ninety-five with interstate four hundred ninety-five and that portion of interstate four hundred ninety-five between interstate ninety-five and the Nassau-Queens county line. § 385-4-b-6: Stinger-steered automobile transporters or stinger-steered boat transporters, while operating on qualifying and access highways. Such vehicles

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shall not, however, exceed seventy-five feet exclusive of an overhang of not more than three feet on the front and four feet on the rear of the vehicle. § 385-4-c: Notwithstanding the provisions of paragraph (a) of this subdivision, an overhang of not more than three feet on the front and four feet on the rear of an automobile transporter or stinger-steered automobile transporter or a boat transporter or stinger-steered boat transporter shall be permitted. Process to Designate a Truck Access Highway A request to designate a highway as a truck access highway can originate from a variety of sources, but most often it starts with a request from either a trucking company or a terminal that handles freight. Individuals and municipalities may request a designation although it is preferred that the applicant has some standing in the matter (e.g. independent trucker who operates out of a home or a municipality wants to provide an alternate route). In some instances, NYSDOT will initiate a request to provide better route continuity along a corridor that has some short gaps in it. A request typically will be sent to a Region to initiate a study. If the request is multi-Regional in nature, then the Region receiving the request should forward a copy of the request to the other affected Region(s). Main Office Traffic should also be notified so that they can coordinate the request as necessary. There is no formal application form, but the request should be in written form (letter or email) and contain the following information: 1. Request the following route for designation as a designated truck access highway. The route should contain route numbers and the name of the highway when possible. 2. Specify the type of vehicle the route is being requested for (e.g. twin 28’ tandems, 53’ trailers). This is for NYSDOT information only and does not affect the designation. Once the highway is designated, it is open to any type of SDV. 3. Provide a map and highlight the route being requested. Sometimes, what is given in the written form and what is shown on the map do not coincide. A written description plus a map helps to minimize any misunderstanding. 4. Name, address, phone number and email address so that the applicant can be contacted as necessary. Once a request is received, it is date stamped by the Region. This becomes Day 1 of the 90 days allocated to either deny the request or to allow the time clock to expire and the request to become approved by default under Federal regulations. The Region should initiate a field investigation during the first week of the process. If a request needs to be denied for engineering and/or safety reasons, the Region should have the results sooner than later. This becomes important if a public information meeting needs to be held. Knowing that the request will lead to a denial can make a public information meeting moot. Also, scheduling an investigation in the last week before the clock expires could put the Region in a position of not completing the study before the request is automatically approved by default. If the investigation was not

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completed until Day 100 and the results indicated a denial as the proper course of action, then the Region would have to take steps to rescind the authorization. Besides extra work, it puts NYSDOT in a potentially embarrassing situation. Therefore, complete all field work within the first 90 days. The field investigation will verify that that the route does not have low height clearances or weight limitations that would restrict SDVs. The route could be designated to a point preceding the low clearance or weight limit, but then it could not be a through route. In addition, the investigation should examine the lane widths to ensure that they are 10’ wide or greater and the accident history of large trucks should also be examined. Since the route is not designated, only large trucks (48’ trailer combinations) should be examined. The accident rate should not exceed two standard deviations above the mean for the statewide average of that type of facility and accidents in which a large truck is not at fault (e.g. a legally parked truck is struck by another vehicle) should not be included. In many cases, a Region will make a cursory review of the accident history. If the number of large truck related accidents appear low, there is no need to calculate the rates as the two standard deviation criteria is a high standard to meet, If a PIL list for trucks existed, denial would occur for routes that made this list. It should also be noted that there never has been an instance where the large truck accident rate met the current criteria for de-designation. During the first week of the review period, the Region should send out an acknowledgment letter to the applicant and if the route contains any non-state highways, then the affected jurisdiction needs to be contacted. For example, if a town road is requested, a letter is sent to the Town Supervisor. If a county highway is involved, a letter needs to be sent to both the Town and the County Highway Superintendent. Federal regulations require that a denial be based on engineering and/or safety reasons. Public sentiment is not a reason for denial. As a Home Rule state, New York has provisions for a public information meeting as outlined in Section 1627 of the Vehicle & Traffic Law. With the advent of the Federal pre-emption on June 1, 1991, portions of Section 1627 have been superseded and are no longer followed. A public information meeting can be invoked if requested by the jurisdiction of the non-State highway. However, the comments provided in the meeting can only be considered in the final decision if they pertain to the criteria involving lane width, off-tracking and large truck accident history. Quality of life issues such as a dislike of trucks, the presence of a residential or recreation area, fear of increased accidents, etc. are not reasons for denial and this point should be stressed at the beginning of any public information meeting. Municipalities have gradually become more tolerant of SDVs and as a result, the number of public information meetings have declined to the point where the last one held was in Geneva in November 1999. If a public information meeting is necessary, schedule it well in advance of the expiration date. In the Geneva case, immense last minute opposition developed and the public information meeting was actually held several days after the 90 day clock had expired. At the time of the meeting, the request had been approved by default under Federal regulations. It was a very long and emotional meeting which the attendees focused on mostly quality of life issues and why the meeting was not held earlier. Subsequently, the public failed to provide any new, relevant information that would require NYSDOT to rescind the designation. If a Region intends to deny a request, it needs to be reviewed by Main Office Traffic to verify that the criteria for denial has been met. Only then can the denial be made.

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At the end of 90 days, if the Region has not issued a denial, then the request becomes automatically approved under Federal regulations. Whether the request is denied or approved automatically by default, the Region needs to write a letter to the applicant informing the applicant about the course of action taken. Copies of the letter should be sent to law enforcement (e.g. State Police, Sheriff, and local police) and to the municipality if it involves a non-state highway. Once this is completed, the case is closed and Main Office Traffic adds any new designated route to the official database. During the review process, the Region shall provide Main Office Traffic with a copy of all correspondence with the applicant. Do not send it all at once or once the review period is nearing expiration or has been completed. As incoming and outgoing correspondence is generated, include Main Office Traffic so that there is a complete record. Process to De-Designate a Truck Access Highway On rare occasions, it may become necessary to de-designate a highway. See Appendix C for more detail. For a highway to be de-designated, it has to be proven that SDVs cannot safely travel on the designated truck access route. The criteria to rescind the previous approval looks at the following: 1. Insufficient lane width of less than 10’. Sometimes errors occur while taking measurements. There is one known case where a review years after the designation showed that the highway contained four travel lanes with an overall width of less than 40’ through a one mile section of a corridor that was about 20 miles long. In this case, a rare decision was made not to de-designate the highway as the road is scheduled for reconstruction and there was no significant accident history involving SDVs in the section where there was less than ideal lane width. In some cases, reconstruction of a highway can alter the geometrics so that lanes are no longer 10’ or greater. 2. Accident history. If a severe accident problem develops involving SDVs, then this could be a possible reason for de-designation. Requests to de-designate should not be based on one spectacular accident, but based on a review of the overall SDV accident history since its designation. The accident rate of SDVs should not exceed two standard deviations above the mean for the statewide average of that type of facility and accidents in which a SDV is not at fault (e.g. a legally parked truck is struck by another vehicle) should not be included. A minimum of one year of accident data is necessary unless an obvious pattern of SDV accidents develop before the end of that first year. It is preferable that two or more years of accident data is collected to avoid the possibility of skewed results. 3. Truck restrictions. If a truck restriction is implemented that is applicable to both standard trucks and SDVs, then a de-designation may be appropriate. For example, a highway may be posted for no trucks, but a local delivery provision applies. In this case, de-designating the highway would not be appropriate because it would prohibit SDVs

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from making local deliveries. However, a low clearance would be applicable to all trucks and therefore, de-designation of the impacted section could occur. When a highway is initially designated, it is the physical location of the highway and not the name (e.g. Main Street or Route 123) that is being designated. The street name and route number are simply identifiers. Sometimes, a designated highway will be reconstructed and some of the alignment is moved. This results in sections of the original highway being simply spurs or loops. The old sections may no longer be part of Main Street or Route 123. However, they do remain as designated access highways and the new alignment needs to be designated. Why does the old section remain designated? There may be a terminal or other location along the spur or loop that needs to have access by SDVs. It isn’t always obvious, so the designations are left in place. Besides, if there is no reason for a SDV to use the old route, the trucks will stop using that route unless it possibly provides a cut through to another designated access highway. REFERENCES: Federal Highway Administration’s 23 CFR 658 – Truck Size and Weight, Route Designations – Length, Width and Weight Limitations. CONTACT: Direct questions regarding this TSMI to Daniel Carey, PE (Daniel.Carey@dot.ny.gov) of the Office of Traffic Safety and Mobility at (518) 457-7114. 9/13/17

ADDENDUM The Office of Traffic Safety & Mobility maintains an on-line document which contains a complete listing of all Qualifying and Access Highways in New York. The document, known as “Official Description of Designated Qualifying and Access Highways in New York State” is published annually and can be found on the Department’s website at: https://www.dot.ny.gov/divisions/operating/oom/transportation-systems/manuals

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APPENDIX

A. Designated Truck Access Highways – 14 Terminology

B. Timetable for Approval/Denial of 16 Reasonable Access Requests

C. De-Designation Process 18

D. Tandem Trailers in New York 20

E. 2015 FAST Act Provisions 22

F. 1991 Background Information 25

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Appendix A

Designated Truck Access Highways – Terminology

Terminology:

a. Standard Truck – Allowed on most highways unless specifically excluded. Typical size is a 48’ trailer with a cab and the overall combination length is less than 65’.

b. Special Dimension Vehicles (SDV) – Allowed on Designated Truck Access Highways. This category includes 53’ trailers and all vehicle combinations known as STAA Vehicles. Widths cannot exceed 102” and the maximum gross vehicle weight is 80,000 pounds.

c. STAA Vehicles – This is a subset category of Special Dimension Vehicles. It includes (twin 28’ trailers, stinger-steered auto carriers, maxi-cubes, triple saddle mounts, beverage and boat transporters, 48’ x 102” trailers and all other vehicle combinations that exceed 65’ in length excluding 53’ trailers). STAA stands for Surface Transportation Assistance Act of 1982.

d. National Network – A system of highways established by FHWA and individual states in 1982 to allow a certain classification of vehicles to travel on. This system includes the Interstate System and numerous Federal Aid Primary System roads. Most National Network highways have 12’ wide lanes. Special Dimension Vehicles can travel up to one road mile off the National Network.

e. Qualifying Highway – In New York, the individual highways that consist of the National Network is known as a Qualifying Highway.

f. Reasonable Access – The process of providing access for SDVs to terminals and other facilities for food, fuel, repair and rest located more than a road mile off the National Network Highways is known as “reasonable access”. The process results in the designation of access highways for SDVs to reach their destinations.

g. Access Highway – This is the New York State version of the National Network. Access highways are designated by NYSDOT whether they are state or local roads. Whereas SDVs can travel up to a road mile off the National Network, the same provision is not granted for access highways.

** See next page for a chart of allowable widths & lengths **

APRIL 2017

NEW YORK STATE DEPARTMENT OF TRANSPORTATION TRUCK ACCESS ON NEW YORK HIGHWAYS

ALLOWABLE WIDTHS

102” ALL QUALIFYING AND ACCESS HIGHWAYS; OTHER HIGHWAYS WITH 10 FT. LANES. (EXCLUDES NYC) 96” HIGHWAYS WITH LESS THAN 10 FT. LANES; WHERE SPECIFICALLY DESIGNATED; NYC.

ALLOWABLE LENGTHS

QUALIFYING ACCESS OTHER SEMI-TRAILER WITH CAB

48’ *

48’ *

48’ 65’

SEMI-TRAILER WITH 43’ KINGPIN WITH CAB

53’ (A) *

53’ *

NA NA

TANDEM TRAILER WITH CAB

28.5’ *

28.5’ *

28.5’ 65’ (C)

MAXI-CUBE

65’ 65’ 65’

TRIPLE SADDLE MOUNT

* * 97’

AUTO CARRIER CONVENTIONAL

* (B) * (B) 65’ (B)

STRINGER-STEERED

80’ (B) 80’ (B) 65’ (B)

*UNLIMITED LENGTH NA – NOT ALLOWED NOTE: (A) IN NYC, PERMITTED ONLY ON SPECIFICALLY DESGINATED INTERSTATES (B) EXCLUDING PERMITTED OVERHANG 4’ FRONT AND 6’ REAR (C) EXCLUDING NEW YORK CITY, NASSAU COUNTY, AND SUFFOLK COUNTY

48’

28.5’ 28.5’

48’

80’

43’

53’

34’

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Appendix B

Timetable for Approval/Denial of Reasonable Access Requests

The timetable for Approval/Denial of requests for Reasonable Access remained untouched from 1991 until 2001 when the process was modified in an effort to minimize redundancy and address resource issues. Regardless whether or not traffic orders were filed and adopted via the State Register, Federal regulations had pre-empted New York’s process and approvals made under the Federal regulations were considered valid. Providing a State order became redundant and the subsequent filing with the State Register was time consuming and often misleading to the public since the publication of the proposed notices were sometimes filed after the 90 days. This occurred because of resource constraints in the Department that affected the filling of the rulemakings. Beginning in 2001, NYSDOT stopped filing traffic orders for the designations although orders continued to be written, just not filed. The process used during the 1990’s required that all proposed access highway designations be published in the State Register and subject to a 45 day public comment period. If comments were received, NYSDOT was required to address them in an assessment of comments. Afterwards, the final rulemaking could occur by filing a notice of adoption with the State Register. It was rare that comments were received and they usually occurred when there was a controversial application being considered. Most of the public comments did not address the criteria used in designation and often addressed factors that could not be considered like quality of life issues, dislike for trucks, etc. Since streamlining the process in 2001, applications have been processed more efficiently and on time. The chart on the following page indicates the current, updated process that is in effect as of 2017.

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Appendix C

De-Designation Process

Requirements for De-designating a Truck Access Route A written request to de-designate a previously designated truck

access highway should be submitted to:

Robert Limoges, Director Office of Traffic Safety & Mobility 50 Wolf Road, POD 53 Albany, NY 12232

The Office of Traffic Safety & Mobility (OTMS) serves as the coordinator for all de-designation requests. OTSM prepares any required reports and makes the final recommendation to the Assistant Commissioner for Operations. The Regional Traffic & Safety Group provides any necessary field data.

The decision to de-designate an existing truck access highway is based on Federal

regulations which require “the denial of access to terminals and services only on the basis of safety and engineering analysis of the access route”. While on the surface, this may seem to be a broad definition for denial, it is rather restricted. Basically, only the following safety and engineering considerations can be examined for approval/denial:

1. Lane widths - 10 feet width or greater is deemed sufficient.

2. Significant off tracking - Under New York State law enacted in 1990, 48’ x 102“ trailers are currently allowed on highways with lane widths at least 10’ wide. This is important because the 48’ x 102” is a STAA (Surface Transportation Assistance Act) vehicle. Under Federal regulations, significant off tracking is a reason for denial. Since the 48’ x 102” trailer is granted use of highways with 10’ lanes (outside NYC) under State law, it is used as the benchmark for determining off tracking. The amount of off tracking produced by this vehicle is considered acceptable since it is already allowed virtually unlimited use of most public highways. Other STAA vehicles such as stinger steered carriers and pup tandems have equal or better off tracking characteristics.

3. Accident History - The accident history of large trucks (48 foot trailers or

greater) can be used as a reason for denial. Generally, a 2 to 3 year accident history for large trucks using the route is compiled and analyzed. The accident rate is compared to both the overall State accident rate for trucks and the accident rate for that particular type of highway. If the rates are significantly higher than the average rates, this may be considered a reason

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for denial. However, the analysis also looks into why the accident happened. If a truck is legally parked and somebody backs into it in a parking lot or on a shoulder, NYSDOT is apt to discount this type of incident. The concern is to keep vehicles which are a demonstrable hazard to the public off the road. An updated accident history can be completed once a formal request to de-designate access is submitted.

If none of the three conditions can be satisfied, then there is no legitimate reason

to de-designate. Public opposition and quality of life issues are not factors to be considered when approving/denying access.

Restricting Trucks on State Highways

General: Basic assumption that State highways are opened to legal vehicles of all types. Typically, trucks are not banned from the State highway system unless there is a

deficiency such as a posted weight limit, low clearance, or insufficient width. Limited number of State highways with truck restrictions for reasons other than above.

Done on a case by case basis. Restrictions can vary: by weight, vehicle type, and length. Each type can have a

different impact. It is important to know what type of vehicles you want to eliminate and if the selected option will achieve that goal.

A truck restriction is not necessarily a panacea. The impacts must be seriously weighed as they can have an adverse impact on the safety of other highways as well as affecting the business community.

A written request to restrict trucks on a State highway within a Region should be

submitted to the Regional Traffic Engineer: If the highway in question is also a designated truck access highway, then approval

also has to be granted by the Main Office since this would impact the truck access system.

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Appendix D

Tandem Trailers in New York

Background: Two types of tandem trailer combinations allowed in New York:

28' Double Tandems a.k.a. Pup Tandems Maximum Gross Vehicle Weight of 80,000 pounds Travel limited to Designated Truck Access Highway System (i.e. National

Network [a.k.a Qualifying Highways] and New York State Access Highways) NYSDOT designates truck access highways per V&T Law Section 1627

48' Double Tandems a.k.a. Thruway Tandems, Turnpike Tandems, Thruway Doubles, Turnpike

Doubles, & Twin 48's If Maximum Gross Vehicle Weight Exceeds 80,000 pounds, vehicle is classified

as a Longer Combination Vehicle (LCV) Maximum Gross Vehicle Weight of 143,000 pounds (Thruway) Unlimited Weight on Highways Listed in V&T Law Section 385(16) V&T Law Section 385(3)(b) limits the length of a combination of trailers to 28.5

feet each unless V&T Law Section 385(16) is applicable Travel limited to designated LCV routes State Legislature approves LCV routes on Non-National Network Highways Combination of a 28' and 48' trailer (Rocky Mountain Double) is allowed on LCV

routes 53' Double Tandems Not authorized for use in New York State

The ISTEA LCV Freeze became effective July 1, 1991. Prohibits the use of LCVs on

any National Network Highway that was not approved for LCV use prior to the above date.

New routes allowed only on non-National Network Highways via state legislation. LCVs currently allowed by legislation only on portions of the Thruway system and

twenty-three short stubs, mostly connected to the Thruway. See V&T Law Section 385(16).

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Policy:

The Department supports both the use of rail and trucks where appropriate.

The Department takes a neutral position to legislation proposed to allow new LCV routes.

All future legislation must contain specific language that makes the approval of the route conditional upon a NYSDOT traffic study. Typical language is found in V&T Law Section 385(16)(r).

LCV travel on the Thruway system has proven to be safe and reliable. However, these

vehicle combinations are not meant to travel on two lane highways in urban like settings. A thorough review of proposed routes need to be made by the Department and the LCV operators need to mitigate highway deficiencies if they want to use a specific highway (e.g. one highway had deficient turning radii and as a condition of the permit, the applicant was required to make geometric improvements).

LCVs have difficulties on grades greater than 3%. Trial runs on the Thruway indicated a

severe speed differential as the LCVs had difficulty maintaining the speed limit. AASHTO recommends that on an uphill grade, the speed of the LCV should not be less than 10 mph below that of passenger cars on the same incline. If this can not be achieved, then remedial action like providing a climbing lane for the LCV has to be implemented as part of a mitigation plan. In a CALTRANS LCV test, 48' double tandems could not exceed a speed of 26 MPH on a six percent grade. With a 55 or 65 MPH speed limit, there is a likely chance of operational and safety problems with such a large speed differential.

Other Restrictions:

Triples are prohibited in New York.

48' Double Tandems are the largest LCV allowed in New York.

On the Thruway, permits for LCVs are issued.

Thruway allows a maximum length of 114 feet long and a maximum gross vehicle weight of 143,000 pounds by permit.

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Appendix E

2015 FAST Act Provisions

Excerpts from Legislation Approved in June 2016

STATE OF NEW YORK ________________________________________________________________________ S. 2008--C A. 3008--C

SENATE - ASSEMBLY January 23, 2017 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehi- cle transaction fees, in relation to the disposition of revenues (Part A); to amend the vehicle and traffic law, in relation to divisible load permits (Part B); intentionally omitted (Part C); to amend the vehicle and traffic law, in relation to compliance with new federal regulations (part D). . . . . . .

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24 PART D 25 Section 1. Intentionally omitted. 26 § 2. Subparagraphs 5 and 6 of paragraph (b) of subdivision 4 of 27 section 385 of the vehicle and traffic law, subparagraph 5 as amended by 28 chapter 669 of the laws of 2005, and subparagraph 6 as amended by chap- 29 ter 26 of the laws of 2002, are amended and a new subparagraph 7 is 30 added to read as follows: 31 5. A vehicle or combination of vehicles which is disabled and unable 32 to proceed under its own power and is being towed for a distance not in 33 excess of ten miles for the purpose of repairs or removal from the high- 34 way, except that the distance to the nearest exit of a controlled-access 35 highway shall not be considered in determining such ten mile distance; 36 [and] 37 6. Stinger-steered automobile transporters or stinger-steered boat 38 transporters, while operating on qualifying and access highways. [Such 39 vehicles] Stinger-steered boat transporters shall not, however, exceed 40 seventy-five feet exclusive of an overhang of not more than three feet 41 on the front and four feet on the rear of the vehicle[.] and stinger- 42 steered automobile transporters shall not exceed eighty feet exclusive 43 of an overhang of not more than four feet on the front and six feet on 44 the rear of the vehicle; and 45 7. A combination of vehicles operating on any qualifying or access 46 highways consisting of a power unit and two trailers or semitrailers 47 with a total weight that shall not exceed twenty-six thousand pounds 48 when the overall length is greater than sixty-five feet but shall not 49 exceed eighty-two feet in which the trailers or semitrailers carry no 50 property and constitute inventory property of a manufacturer, distribu- 51 tor, or dealer of such trailers or semitrailers. S. 2008--C 5 A. 3008--C 1 § 3. Paragraph (c) of subdivision 4 of section 385 of the vehicle and 2 traffic law, as amended by chapter 26 of the laws of 2002, is amended to 3 read as follows: 4 (c) Notwithstanding the provisions of paragraph (a) of this subdivi- 5 sion, an overhang of not more than three feet on the front and four feet 6 on the rear of an automobile transporter or an overhang of not more than 7 four feet on the front and six feet on the rear of a stinger-steered 8 automobile transporter or an overhang of not more than three feet on the 9 front and four feet on the rear of a boat transporter or stinger-steered 10 boat transporter shall be permitted. 11 § 4. Subdivision 10 of section 385 of the vehicle and traffic law, as 12 amended by chapter 1008 of the laws of 1983, is amended to read as 13 follows: 14 10. A single vehicle or a combination of vehicles having three axles 15 or more and equipped with pneumatic tires, when loaded, may have a total 16 weight on all axles not to exceed thirty-four thousand pounds, plus one 17 thousand pounds for each foot and major fraction of a foot of the 18 distance from the center of the foremost axle to the center of the rear- 19 most axle. Axles to be counted as provided in subdivision five of this 20 section. In no case, however, shall the total weight exceed eighty thou- 21 sand pounds except for a vehicle if operated by an engine fueled prima- 22 rily by natural gas which may have a maximum gross weight of up to 23 eighty-two thousand pounds. For any vehicle or combination of vehicles 24 having a total gross weight less than seventy-one thousand pounds, the 25 higher of the following shall apply: 26 (a) the total weight on all axles shall not exceed thirty-four thou- 27 sand pounds plus one thousand pounds for each foot and major fraction of

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28 a foot of the distance from the center of the foremost axle to the 29 center of the rearmost axle, or 30 (b) the overall gross weight on a group of two or more consecutive 31 axles shall not exceed the weight produced by application of the follow- 32 ing formula: 33 W = 500 ((LxN)/(N-1) + (12xN)+36) 34 where W equals overall gross weight on any group of two or more consec- 35 utive axles to the nearest five hundred pounds, L equals distance in 36 feet from the center of the foremost axle to the center of the rearmost 37 axle of any group of two or more consecutive axles, and N equals number 38 of axles in group under consideration, except that two consecutive sets 39 of tandem axles may carry a gross load of thirty-four thousand pounds 40 each providing the overall distance between the first and last axles of 41 such consecutive sets of tandem axles is thirty-six feet or more. 42 For any vehicle or combination of vehicles having a total gross weight 43 of seventy-one thousand pounds or greater, paragraph (b) shall apply to 44 determine maximum gross weight which is permitted hereunder. 45 § 5. Section 385 of the vehicle and traffic law is amended by adding a 46 new subdivision 24 to read as follows: 47 24. The provisions of subdivisions six, seven, eight, nine, ten, elev- 48 en and twelve of this section shall not apply to any tow truck that is 49 transporting a disabled vehicle from the place where such vehicle became 50 disabled to the nearest appropriate repair facility and has a gross 51 vehicle weight that is equal to or exceeds the gross vehicle weight of 52 the disabled vehicle being transported. 53 § 6. Intentionally omitted. 54 § 7. This act shall take effect immediately.

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Appendix F

1991 Background Information

1. Designated Truck Access Highway Program – 26

Possible Questions & Answers for Commissioner’s Briefing on Truck Access – June 24, 1991

2. Designated Truck Access Highway Program Policy 37 & Procedural Information – July 9, 1991

Note: The informational booklet referred to in the first paragraph of the above memo is not included as it contained more than 50 pages. In January 1992, a more compact document was issued for public distribution and that has been included in this Appendix. The document is called Federal Mandates: Designated Truck Access Highway Program (January 1992)

3. Designated Truck Access Highway Program – 56 Sample Form Letters – July 11, 1991