Vehicle & Traffic Law (VTL) 385-1(d) – Overwidth Farm Equipment (Dealers)

The team at the Benjamin Goldman Law Office should be able to help farm equipment dealers and transporters cited under New York State VTL § 385(1)(d). This statute regulates the movement of agricultural equipment by dealers, allowing widths up to 13 feet for dealer-owned or possessed farm equipment. Violating these location or dimension limits can result in substantial fines and potential issues for a dealer's business operations.

Penalties for VTL 385-1(d) Violations

Penalties for violations by dealers mirror other VTL 385 infractions but can carry professional consequences.

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

For commercial entities, repeated violations may trigger audits or regulatory scrutiny regarding business practices and transport safety compliance.

Statute & Dealer Requirements

The relevant section of the Vehicle and Traffic Law (VTL § 385(1)(d)) provides a specific exemption for dealers, separate from the general farm vehicle exemption:

§ 385. Dimensions and weights of vehicles.

1. (d) The provisions of paragraph (a) of this subdivision shall not apply to vehicles and implements or combinations thereof, not over thirteen feet in width and designed and intended for use solely for farm purposes when owned or in the possession of a dealer in farm implements and equipment, during the same period and under the same conditions and restrictions as set forth in paragraph (b) of this subdivision; nor shall paragraph (a) of this subdivision apply to the transportation of such vehicles, implements and combinations thereof as a load on another vehicle, such vehicle and load not to exceed thirteen feet in width, during the same period and under the same conditions and restrictions as set forth in paragraph (b) of this subdivision.

What This Means for Dealers: You can transport farm equipment up to 13 feet wide without a special hauling permit, provided you follow the same restrictions as paragraph (b) — daylight hours only, and not on highways where DOT has prohibited such operations. This also applies when transporting farm equipment as cargo on another vehicle, as long as the total width doesn't exceed 13 feet.

Fighting a VTL 385-1(d) Ticket

Defending these tickets often focuses on proving that the transport fell within the statutory exceptions.

Common defense strategies:

• Farm Purpose: Demonstrating the equipment was designed and intended for use solely for farm purposes, as required by the statute.
• Dealer Status: Establishing that the vehicle was owned or in the possession of a dealer in farm implements and equipment.
• Time of Operation: Proving the transport occurred during daylight hours (same restrictions as paragraph (b)).
• Measurement Disputes: Ensuring the officer's width measurement was accurate and the vehicle was under 13 feet.
• Permit Coverage: If the exemption didn't apply, demonstrating that a valid annual or trip permit was in effect that covered the move.

The Benjamin Goldman Law Office understands the logistics of the agricultural machinery business. We help dealers protect their commercial interests and dispute improper tickets. Contact us to discuss your case. The team at the Benjamin Goldman Law Office prides itself on the zealous advocacy it undertakes for each client. Our efforts are reflected in the many five-star reviews we have received over the years. The verified testimonials commonly speak of the customer service we provided and the stellar results that we obtained. The Benjamin Goldman Law Office is ready, willing, and able to take on your case. You can reach out at your convenience to discuss the particulars. We look forward to talking to you. Our team can also be reached by email or text message.

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