§ 7-03 — Vehicle Specifications and Inspections

§ 7-03 Vehicle Specifications and Inspections.

(a) Upon issuance of a registration, the Commission shall issue to a registrant who removes trade waste generated in the course of operation of his or her business and to a registrant exempt from the licensing requirements of this chapter two (2) license plates for each vehicle that will transport trade waste, pursuant to such registration and for which a fee has been paid to the Commission, pursuant to 17 RCNY § 2-07. Beginning on January 1, 2020, the Commission will not issue license plates for any vehicle that does not comply with the requirements set forth in § 24-163.11(b) of the Administrative Code. Beginning on January 1, 2023, the Commission will not issue license plates for any vehicle that does not comply with the requirements set forth in § 16-526 of the Administrative Code. A registrant shall not permit a vehicle to be used in the course of collecting, removing, or disposing of waste that has not been identified and covered by the registration and for which a fee has not been paid. A license plate issued by the Commission for such a covered and identified vehicle must not be transferred to any other vehicle. Upon the sale or dissolution of the business of a registrant, or upon the suspension, revocation, or expiration of a Commission-issued registration, such plates must be immediately surrendered to the Commission. Upon the disposition of a vehicle that has been issued license plates by the Commission, such license plates must be immediately surrendered to the Commission. All license plates issued by the Commission are the property of the Commission, and the Commission reserves the right to reclaim such plates at any time. Notwithstanding any other provision of this chapter, the penalty for violation of this subdivision shall not exceed five thousand dollars ($5,000) for each such violation. (b) Each vehicle must have the name and business address of the registrant lettered legibly in letters and figures not less than eight (8) inches in height, in a color that contrasts with the color of the vehicle, on each side of the vehicle body or upon each door of the vehicle cab, in a manner prescribed by the Commission, at all times. Notwithstanding any other provision of this chapter, the penalty for violation of this subdivision shall not exceed five thousand dollars ($5,000) for each such violation. (c) Each vehicle having a gross vehicle weight rating of twenty-six thousand pounds or more and a conventional cab configuration in which the engine is mounted in front of the operator must be equipped with a convex mirror positioned on the front of such vehicle. When such vehicle is being operated, such mirror shall be adjusted so as to enable the operator thereof to see all points on an imaginary horizontal line which is three feet above the road, is one foot directly forward from the midpoint of the front of such motor vehicle, and extends the full width of the front of such vehicle or combination of vehicles. (d) Nothing may be placed or suspended in or on the vehicle or windshield so as to obstruct the operator's vision through the windshield or other windows. Nothing in this subdivision shall be construed to prohibit the placement or suspension of an object in or on the vehicle or windshield in order to comply with or as expressly permitted by federal, state or local law. (e) A trade waste vehicle must not be operated unless such vehicle is in safe operating condition and has passed an inspection conducted by a qualified inspector demonstrating compliance with the terms of this section at least once during the preceding six months. (1) Each such inspection must be recorded on an inspection report form prescribed by the Commission. Such inspection report must identify any safety defects discovered during the inspection and cover at a minimum, the following parts and accessories: service and parking brakes, steering mechanism, tires, wheels and rims, side guards, coupling devices, mirrors, lighting devices and reflectors, horn, windshield wipers, and emergency equipment. (2) Following an inspection, such vehicle may not be operated unless a qualified inspector certifies on the inspection report that all necessary repairs have been made and that such vehicle has passed the inspection. (3) Copies of the most recent inspection report must be kept in the corresponding vehicle in accordance with the requirements of subdivision (e) of 17 RCNY § 7-06. (f) A trade waste vehicle must not be operated unless the operator of such vehicle is satisfied such vehicle is in safe operating condition. A registrant must require the operator of such vehicle to inspect such vehicle following each day's work and to prepare a daily inspection report that identifies such vehicle and any defect that would affect the safety of operation of the vehicle. Such daily inspection report must cover at a minimum, the following parts and accessories: service and parking brakes, steering mechanism, tires, wheels and rims, side guards, coupling devices, mirrors, lighting devices and reflectors, horn, windshield wipers, and emergency equipment. Copies of such daily inspection reports must be kept in the corresponding vehicle in accordance with the requirements of subdivision (f) of 17 RCNY § 7-06. The operator of such vehicle must review the most recent daily inspection report and determine whether required repairs have been made when evaluating the condition of such vehicle. (g) The Commission or a person designated by the Commission may inspect trade waste vehicles, equipment, licenses, registrations, inspection reports, and fleet records of each registrant at any time at its own discretion. (1) The Commission or a person designated by the Commission may order the registrant to immediately remove any trade waste vehicle or equipment from service and, where appropriate, to take corrective action within a prescribed period of time if the Commission or such person designated by the Commission determines the vehicle or equipment presents an imminent threat to public health or safety or to the environment due to an issue that may include, but need not be limited to, defective brakes, tires or lighting devices, or leaking or spilling of fluids and escaping of trade waste. The registrant shall comply with the order within the time prescribed in the order, and shall notify the Commission when compliance has been achieved. (2) Within the time specified for compliance in an order issued pursuant to this section or as otherwise specified in such order, the registrant may submit a written statement appealing the order to the Chair in the manner specified in the order. (3) Submission of an appeal pursuant to paragraph (2) of this subdivision shall relieve the registrant's obligation to take any corrective action within the time prescribed in the order pending a final determination pursuant to paragraph (4) of this subdivision, provided, however, that in the event the Chair determines that failure to take corrective action within the time prescribed in the order poses a significant risk of imminent harm to public health or safety or to the environment, the registrant will be notified and will be required to take such corrective action within the specified time, or within an alternative time specified by the Chair. Notwithstanding the foregoing, submission of such an appeal shall not relieve the registrant's obligation to remove a trade waste vehicle or equipment from service during the pendency of an appeal. (4) The Chair must review appeals and make a final written determination regarding the appeal within a reasonable period of time. The Commission will serve final determinations on the registrant as provided in 17 RCNY § 1-02. (5) If the Chair sustains an appeal in whole or in part, then the stated terms of the final determination on appeal will replace the original requirements of the order. (6) If an appeal is denied, the final determination will specify a reasonable period of time for compliance with the order based on the circumstances, except in the case of an order where taking corrective action is required within an earlier time pursuant to paragraph (3) of this subdivision. The final determination by the Chair is subject to review pursuant to article 78 of the New York Civil Practice Laws and Rules. (h) No later than January 1, 2023, every trade waste hauling vehicle must have side guards, except where the Commission has granted a waiver in accordance with paragraph (3) of this subdivision. (1) At the time a registrant discloses a trade waste hauling vehicle to the Commission, such registrant must submit proof in the form and manner determined by the Commission that side guards are installed on such trade waste hauling vehicle. For all trade waste hauling vehicles disclosed to the Commission prior to January 1, 2023, such proof must be submitted to the Commission no later than January 1, 2023. (2) A trade waste hauling vehicle will be considered equipped with side guards as required by § 16-526 of the Administrative Code if one or more of the following three situations is present: (i) The trade waste hauling vehicle is equipped with side guards that allow for a maximum 13.8 inch ground clearance, maximum 13.8 inch top clearance up to four feet in height, and a minimum 440 pound impact strength that achieves a smooth and continuous longitudinal (forward to backward) impact surface flush with the vehicle sidewall, known as the "NYC Side Guard Standard." Side guards may include rail style guards, provided that such rails be no less than four inches tall and no more than 11.8 inches apart. Side guards may incorporate other vehicle features such as toolboxes and ladders, or the function of a side guard may be performed by those features, subject to the Commission's approval. (ii) The trade waste hauling vehicle cannot maintain a side guard due to the design or operations of the vehicle, subject to the registrant's application to the Commission for, and the grant of, a waiver in accordance with paragraph (3) of this subdivision. (iii) The trade waste hauling vehicle is designed or equipped on each side of the unit such that, by virtue of its shape and characteristics, its component parts can be regarded as replacing or functioning as side guards in accordance with the Volpe Side Guard Standard or will perform the function of side guards with modifications separate from installation of Volpe Standard side guards, subject to the Commission's approval. (3) A registrant may apply to the Chair of the Commission for a waiver of the requirements of this subdivision where the registrant can demonstrate that installation of side guards is impractical, in accordance with Administrative Code § 16-526(a) and (c)(3). Such request must be submitted in writing to the Commission in a form and manner determined by the Commission. Such request must be submitted at the time the trade waste hauling vehicle is disclosed to the Commission or, if such trade waste hauling vehicle was disclosed to the Commission prior to the effective date of this paragraph, such request must be submitted to the Commission no later than November 1, 2022. A waiver from the side guard requirement shall be valid for up to two (2) years. (i) The Chair of the Commission or their designee will evaluate a waiver request and make a determination within 90 days of receipt whether to approve or deny such request. (ii) A registrant may apply for renewal of a waiver of the requirements of this subdivision for additional periods of up to two (2) years, where the registrant can demonstrate that installation of side guards continues to be impractical, in accordance with Administrative Code § 16-526(a) and (c)(3). Such request must be submitted in writing to the Commission, in a form and manner determined by the Commission, at least 30 days before the expiration of the previous waiver period. (iii) If the Commission denies a registrant's waiver application or denies a registrant's request to renew a waiver, the registrant may apply for reconsideration of the denial in writing, in a form and manner determined by the Commission, within 30 days of the denial determination. The Chair of the Commission or their designee shall review the application for reconsideration and, within 90 days after receipt of the application for reconsideration, shall issue a written notification affirming or reversing the denial of the registrant's waiver application or renewal request. (Amended City Record 3/6/2018, eff. 4/5/2018; amended City Record 3/3/2020, eff. 4/2/2020; amended City Record 7/7/2021, eff. 8/6/2021; amended City Record 9/30/2022, eff. 10/30/2022; amended City Record 3/27/2023, eff. 4/26/2023; amended City Record 8/1/2024, eff. 8/31/2024)