VTL 385-1(a) – Overwidth Vehicle

The Benjamin Goldman Law Office represents motorists and commercial drivers cited under VTL § 385(1)(a), Overwidth Vehicle. New York State maintains strict dimensional limits for vehicles to ensure safety on highways and bridges. Operating a vehicle that exceeds these width limits without a proper permit can lead to significant fines possible loss of commercial driving privileges. We defend these tickets statewide.

Penalties for VTL 385-1(a) Overwidth Vehicle

Violations of VTL § 385(1)(a) are typically handled as traffic infractions. The fines are substantial compared to standard traffic tickets.

• First offense: Fine between $200 and $500; up to 30 days jail; surcharge $88 (other courts) / $93 (town & village).
• Second offense (within 18 months): Fine between $500 and $1,000; up to 60 days jail; surcharge $88 / $93.

While "overwidth" violations do not typically carry driver violation points, they can impact a Commercial Driver’s License (CDL) holder’s employment record and CSA scores for carriers. Courts also have discretion to impose the higher end of the fine range, especially for egregious violations or damage to infrastructure. For other weight or dimension issues, such as VTL 385 Overweight violations, penalties can be even more severe.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

1. (a) The width of a vehicle, inclusive of load, shall be not more than ninety-six inches plus safety devices, except that the maximum width of a vehicle, inclusive of load, shall be one hundred two inches, plus safety devices, on any qualifying or access highway. Except in a city not wholly included within one county, the maximum width of a vehicle, inclusive of load shall not be more than one hundred two inches plus safety devices on any other highway with traffic lanes designed to be a width of ten feet or more.

[...]

(Note: Subsequent subsections allow for 102 inches (8.5 feet) on qualifying highways and designated access routes, which covers most modern trucking routes.)

What This Means for Drivers: In simple terms, most vehicles are limited to 8 feet in width on standard roads, and 8.5 feet (102 inches) on designated highways. Mirrors and certain safety devices may be excluded from this measurement, but the cargo or body itself must comply. If you are wider than this, you generally need a Special Hauling Permit.

How to Fight a VTL § 385(1)(a) Ticket

Fighting an overwidth ticket involves examining the specifics of the stop, the measurement method, and the vehicle's classification. This is especially important for commercial drivers where license status is at stake, similar to CDL endorsement violations.

Common defense angles include:

• Measurement Accuracy: Did the officer use a calibrated tape measure? Was the measurement taken at the widest point correctly (excluding mirrors or safety devices if applicable)?
• Route Exceptions: Was the vehicle on a "Qualifying Highway" or access highway where 102 inches is permitted, but cited for exceeding 8 feet?
• Permits: Did the driver have a valid Special Hauling Permit that covered the dimensions? Was there a misunderstanding of the permit's conditions?
• Farm & Special Vehicles: Certain farm equipment and implements of husbandry have exemptions under specific conditions.

Why These Tickets Are Common: Commercial drivers often face these tickets at bridge crossings (like the George Washington Bridge or Tappan Zee) or checkpoints. Officers are vigilant about width because overwidth vehicles pose a collision risk in narrow construction lanes and toll booths.

The Benjamin Goldman Law Office handles VTL § 385 violations statewide. We understand the nuances of commercial vehicle regulations and work to protect your license and your company's bottom line. Contact us at your convenience, via phone call, email, or text message. We will be glad to review your case for free.

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