New York Laws
Article 8 - Carriers of Property by Motor Vehicle
171 - Exemptions.

§ 171. Exemptions. The provisions of this article shall not apply to
the following types of transportation of property by motor vehicle:

1. The transportation of property by or for the federal, state or
municipal governments.

2. The occasional, casual or reciprocal transportation of property for
compensation by any person not engaged in the transportation of property
by motor vehicle as a regular occupation or business.

3. The transportation of property wholly within a municipality or
between contiguous municipalities or within a commercial zone as defined
by the commissioner except when such transportation is under a common
control, management or arrangement for a continuous carriage or shipment
to or from a point without such municipality, municipalities or
commercial zone.

4. The transportation of fresh fish, live fowl and ordinary livestock
except those used for exhibition or racing purposes.

5. The transportation in motor vehicles used exclusively for carrying
fertilizers, soil conditioners, forestry products and agricultural
commodities other than manufactured products thereof.

6. The transportation of livestock and poultry feed and feed
ingredients and agricultural seeds and plants, if such products are
transported to a site of agricultural production or to a business
enterprise engaged in the sale to agricultural producers of goods used
in agricultural production.

7. The transportation of newspapers, magazines or periodicals.

8. The transportation of property in private carriage when such
transportation is incidental to and in furtherance of a primary business
or farming enterprise of such person other than transportation.

9. The transportation of sand, gravel, dirt, debris, road materials,
ready-mixed concrete and similar commodities when transported in dump
trucks and when unloaded by being dumped.

10. The transportation of wrecked or disabled vehicles by the tow-away
method.

11. The transportation by motor vehicles controlled and operated by a
cooperative corporation as defined in the cooperative corporations law
when such transportation activities are related to the members of the
cooperative corporation.

12. The transportation of milk from the farm or farms where produced
or from collection stations where milk is gathered from various farms.

13. The transportation for compensation performed by an agricultural
cooperative corporation for non-members who are not farmers or
cooperative corporations when such transportation is limited to that
which is incidental to the agricultural cooperative corporation's
primary transportation operation and is necessary for its effective
performance. Such transportation shall be provided only after the
agricultural cooperative corporation notifies the commissioner in
writing of its intent to provide the transportation and it shall not
exceed twenty-five percent of the agricultural cooperative corporation's
total transportation services in each calendar year measured in terms of
tonnage. The commissioner may prescribe the records to be kept and the
information to be furnished by all agricultural cooperative corporations
performing transportation pursuant to this subdivision.