Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE A. GOVERNOR'S OFFICE
CHAPTER I. EXECUTIVE ORDERS
PART 5. EXECUTIVE ORDERS (GEORGE E. PATAKI)
Date:
08/31/2009
Document:
ยง 5.113.9 Executive Order-No. 113.9: Temporary Suspension of Provisions Relating to Transportation for the State Disaster Emergency
WHEREAS, on September 11, 2001, I issued Executive Order Number 113 declaring a disaster emergency in the State of New York;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby continue Executive Order No. 113, dated September 11, 2001, except that such Executive Order is amended to read as follows:
FURTHER, pursuant to the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rules or regulations, or parts thereof, of any agency during a State disaster emergency, if compliance with such provisions would prevent, hinder or delay action necessary to cope with the disaster, I hereby temporarily suspend, for the period from the date of this Executive Order until further notice, the following laws:
Highway Law sections 38(1), (2) and (3) and Article 4-C of the Economic Development Law to the extent that the Commissioner of Transportation determines it necessary to authorize the award of emergency contracts, to combine design and construction services in contracts, and to use such services where needed;
State Finance Law section 112, to the extent consistent with Article V, Section 1 of the State Constitution, that the Commissioner of Transportation determines it necessary to add additional work and sites to state contracts;
State Finance Law section 136-a to the extent that the Commissioner of Transportation determines it necessary to combine design and construction services in one contract, and/or to obtain design or construction inspection services;
Vehicle & Traffic Law sections 375, 385 and 401 and Vehicle and Traffic Law Articles 19 and 19-B to the extent that the Commissioner of Transportation determines it necessary to authorize the movement of oversize and/or overweight vehicles to carry divisible and non-divisible loads exceeding the dimensions and weights prescribed by Vehicle and Traffic Law section 385 on any publicly maintained highway; Transportation Law section 14-f and Part 507 of Title 17 of the New York Code of Rules and Regulations to the extent that the Commissioner of Transportation determines it necessary to accomplish the safe transportation of hazardous materials for emergency purposes;
Transportation Law sections 221 and 212 and Parts 723 and 824 of the New York Code of Rules and Regulations that pertain to hours of labor of truck and bus operations to the extent that the Commissioner of Transportation determines it necessary to transport property and passengers in a reasonably safe manner to accomplish emergency services; and
Highway Law Section 349-c and Part 415 of Title 9 and Parts 182, 185 and 190 of Title 17 of the New York Code of Rules and Regulations to the extent the Commissioner of Transportation or the Commissioner of Parks, Recreation and Historic Preservation determines it necessary to accomplish the safe transportation of property and passengers for emergency services or powers without contracts. Signed: George E. Pataki
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