VTL § 375(1)(e), Disconnecting Service Brakes (Heavy Vehicle)

The Benjamin Goldman Law Office can help with New York Vehicle & Traffic Law violations. If you were charged with disconnecting or knowingly permitting the disconnection of service brakes on a motor vehicle of 18,000 pounds or more under VTL § 375(1)(e), we can help. We can help with equipment and commercial vehicle tickets in courts across the state. See our testimonials, courts we appear in, and contact us for a consultation.

VTL § 375(1)(e) Statute

No operator or registered owner of any motor vehicle having a registered maximum gross weight of eighteen thousand pounds or more shall disconnect or knowingly permit the disconnection of any set of service brakes on such motor vehicle. Any violation of the provisions of this paragraph shall occur only when such vehicle is actually operated on the public highways. Such violation shall be punishable as a misdemeanor.

Source: NYS Vehicle & Traffic Law § 375(1)(e) (nysenate.gov)

Plain-English summary

VTL § 375(1)(e) makes it a misdemeanor to disconnect—or knowingly allow the disconnection of—any set of service brakes on a vehicle that weighs 18,000 pounds or more (by registered gross weight), when that vehicle is driven on public roads. It’s aimed at heavy trucks and commercial vehicles where brake tampering could cause serious crashes. If you drive a normal car or light truck under that weight, this section doesn’t apply. Conviction can mean fines and up to 30 days in jail and can create a criminal record.

Civilian applicability

This applies when an operator or registered owner of a motor vehicle with a registered maximum gross weight of 18,000 pounds or more disconnects, or knowingly permits the disconnection of, any set of service brakes on that vehicle, and the vehicle is actually operated on the public highways. It does not apply when the vehicle’s registered maximum gross weight is under 18,000 lbs., when no set of service brakes was disconnected (or the disconnection was not “knowingly” permitted by the owner), or when the vehicle was not operated on the public highways. See VTL § 375(1)(e).

Defense analysis

Defenses include: (1) the vehicle’s registered maximum gross weight was under 18,000 lbs.; (2) no “set of service brakes” was disconnected—e.g., a single brake line or component vs. a full set; (3) the vehicle was not “actually operated on the public highways”; (4) for a registered owner charged with “knowingly permit,” lack of knowledge that the brakes were disconnected; (5) the disconnection was necessary for repair or safety and not in violation of the statute. Commentary on VTL 375(1) generally notes that intent (knowledge) may be at issue for some equipment offenses. See VTL § 375(1)(e); New York Traffic Ticket Lawyers, Inadequate Brakes VTL 375(1) (discussing intent).

What are the penalties?

• Fine and jail: Per the Vehicle & Traffic Law Manual for Local Courts (Magill 2024), this is a misdemeanor. First offense: $0–$300 fine, 0–30 days in jail; second and third offenses within 18 months carry higher penalties.
• Points: 0 points.
• Surcharge: $88 or $93 surcharge applies.

Source: NY Assembly/Senate bill search; Justia NY VAT Art. 9; VTL § 375.

Benjamin Goldman Law Office

If you were charged with a VTL § 375(1)(e) violation, the Benjamin Goldman Law Office can advise you. We can help with equipment and commercial vehicle matters across New York. Contact us for a complimentary consultation via our contact page.

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