VTL 385-1(b) – Overwidth Farm Equipment (Up to 12 Feet)

The Benjamin Goldman Law Office can help farmers and equipment operators cited under VTL § 385(1)(b), Overwidth Farm Vehicle. While New York allows exemptions for agricultural equipment, these exemptions have strict limits. Operating farm implements wider than permitted zones or without proper precautions can result in traffic tickets and heavy fines.

Penalties for VTL 385-1(b) Overwidth Farm Vehicle

Violations involving overwidth farm vehicles are treated similarly to other dimension violations under VTL 385.

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

While these violations do not carry points, they can be costly and disruptive to agricultural operations. Courts may have discretion to impose higher fines depending on the degree of the violation or safety risks posed.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

1. (b) The provisions of paragraph (a) of this subdivision shall not apply to vehicles and implements or combinations thereof, not over twelve feet in width and used solely for farm purposes, except upon any highway at any time on which operation is prohibited by order of the department of transportation.

What This Means for Drivers: Farm vehicles and implements (like tractors, hay loaders, and combines) are allowed to be up to 12 feet wide on most roads, provided they are used solely for farm purposes. However, this exemption does not apply at night (sunset to sunrise) or on highways where the DOT has specifically prohibited them.

Defense against VTL § 385(1)(b) Tickets

Defending these tickets often involves proving the nature of the vehicle and the time of operation.

Common defense angles include:

• Vehicle Classification: Demonstrating that the equipment is indeed an implement of husbandry used solely for farm purposes.
• Measurement Disputes: Challenging the officer's measurement if the vehicle was actually under the 12-foot limit allowed by paragraph (b).
• Time of Day: Proving operation occurred during daylight hours if the ticket was issued based on time restrictions.
• Route Permissions: Verifying that the specific road did not have a DOT order prohibiting such vehicles.

The Benjamin Goldman Law Office

The Benjamin Goldman Law Office understands the importance of agriculture to the New York economy. We help farmers and equipment operators defend their licenses and avoid unnecessary fines. Contact us for a free consultation.

The Benjamin Goldman Law Office has been in operation since 2011. We have helped thousands of clients with all kinds of traffic-related charges. Our firm represents motorists in all areas of New York State. Attorneys at our firm fight hard for each client, not resting until we are assured that we obtained the most optimal disposition that is available under the circumstances. Our efforts are reflected in the many five-star reviews our firm has received.

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