Overweight Traffic Tickets Attorney-Harold Dee
The New York State Vehicle and Traffic Law establishes limits as to the size and weight of vehicles allowed to travel over public highways. The New York State Department of Transportation, the New York State Thruway Authority and the New York State Bridge Authority have each established procedures for permitting vehicles that are over legal dimensions and/or weight across the highways which they own and operate in a manner that ensures public safety.
Federal interest in preserving highways goes back to the enactment of the Federal Aid Highway Act of 1956, which authorized the Interstate and Defense Highway System. To preserve our nation’s infrastructure and to keep trucks and buses moving efficiently, the individual states must ensure that commercial motor vehicles comply with federal size and weight standards. www.dot.us/nypermits/index.shtml is a prime source for answers to trucking and DOT questions. This site provides a ready source of information on Federal standards and guidelines, state enforcement activities, permits, reporting requirements, and contacts.
MAXIMUM DIMENSIONS OF VEHICLES AND COMBINATIONS IN NEW YORK CITY
|Width||96 inches (for school buses and fire vehicles, 98 inches, buses having a carrying capacity of more than seven passengers shall not exceed 102 inches). [Subd. (b)(1)]|
|Height||13 1/2 feet. [Subd. (b)(2)]Single vehicles (except articulated buses and semi-trailers) – 35 feet. [Subd. (b)(3)]|
|Length||Articulated buses – 65 feet. [Subd. (b)(3)]Semi-trailer – 55 feet. [Subd. (b)(4)]|
In New York City on I-95 between I-287 and I-295, on I-295 between I-295 and I-495, and on I-495 between I-95 and the Nassau-Queens county line, a semi-trailer over 48 feet (but not over 53 feet) may be operated on a qualifying highway or specifically designed access highway if the distance between the kingpin of the semi-trailer and the centerline of the rear axle or rear axle group does not exceed forty-one feet, and if the semi-trailer 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 semi-trailer and located not more than twenty-two inches from the surface as measured with the vehicle empty and on a level surface. In double bottom operation, a semi-trailer or trailer may not exceed 28 1/2 feet. Combination of Vehicles – 55 ft. except that on qualifying highways and access highways there is no limit on length. However, the single vehicle length limits apply to the vehicles in a combination of vehicles on qualifying highways and access highways.
A violation of section 385 subdivision 10 sites that any vehicle or combination of vehicle whose weight exceeds the weight limitations specified by permit issued pursuant to subdivision 15 of this section levied shall be punishable by fines on the register owner of the vehicle or vehicles whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee in accordance with the following schedule:
|Overweight (3 or more axles)|
|Percent of Excess Weight|
|Greater than:||Less than or equal||Fine (not including $93 surcharge|
|greater than 40%||plus $125 for each percent over 40|
Please note that a case where the total weight is greater than the limited specified by permit, the permit shall be deemed void and the amount of the fine shall be determined in effect for the operation of such vehicle as if the permit to exceed such maximum weight had not been issued.
OVERWEIGHTS: Truckers constantly lament the fact that they can’t make any money unless they operate in an Overweight mode. The State retorts “The bridges and roadways are crumbling from the burden”
Today, the State has appeared to capitalize on the trucking company’s mistakes with overweight fines that can be in the neighborhood of ten thousand dollars. Additionally, fines are levied for such matters as vehicle safety violations, log book violations, tax law, highway use taxes, labor hours, brakes, audio violations, load security, special hauling violations ($7000.), brakes ($2500.), aggravated unlicensed operation ($5000), operating out of service vehicles ($5000). The numbers are mind boggling and can destroy many businesses. Please call the office with the particulars of your case.
Call us for a FREE Consultation 1- 800-Harold Dee (800.427.6533) or call local (914.241.7963)