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

Vehicle and Traffic Law (VTL) 375(1)(e) is a ticket that is given to individuals who drive exceptionally heavy vehicles - 18,000 pounds or more - and have their brakes disconnected - "knowingly." That term knowingly is absolutely key. In the life of a class 5-8 vehicle (Heavy Vehicle), there may come a time when the breaking system will have to be disconnected in order to perform maintenance (e.g.: Replacing a Ruptured Brake Chamber , or when there is a Total Brake Overhaul); if the individual who serviced your vehicle did not properly reconnect the breaking system, you may be charged with VTL § 375(1)(e).

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.

Defense analysis

Defenses include: (1) the vehicle’s registered maximum gross weight was under 18,000 lbs.; (2) the vehicle was not "actually operated on the public highways"; (3) for a registered owner charged with "knowingly permit," lack of knowledge that the brakes were disconnected; (4) the disconnection was necessary for repair or safety and not in violation of the statute.

What are the penalties?

• Fine and surcharge: This is a misdemeanor. First offense: $0–$300; second and third offenses within 18 months carry higher penalties. A mandatory $88 (city courts) or $93 (justice courts) surcharge also applies.
• Jail: First offense: 0–30 days in jail (although jail is highly unlikely.); second and third offenses within 18 months carry higher penalties.
• Points: 0 points.

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.

Fight Your VTL § 375(1)(e) Ticket