VTL 385-1(e) – Overwidth School Bus

The Benjamin Goldman Law Office is available to defend school bus operators and transportation companies cited under Vehicle & Traffic Law (“VTL”) § 385(1)(e). New York law sets a specific width limit for school buses used to transport children to and from school. Operating a school bus that exceeds 98 inches can result in traffic tickets and potential issues for school districts and private bus companies.

Penalties for VTL 385-1(e) Violations

Overwidth school bus violations follow the standard VTL 385 fine schedule:

• First offense: Fine between $200 and $500; up to 30 days jail; surcharge $88 (city courts) / $93 (town & village courts); 0 points.
• Second offense (within 18 months): Fine between $500 and $1,000; up to 60 days jail; surcharge $88 / $93; 0 points.

While these violations don't carry driver points, they may affect the safety record and insurance premiums of the school district's or bus company's safety record and insurance premiums.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

1. (e) The provisions of paragraph (a) of this subdivision shall not apply to omnibuses or buses used solely for the transportation of children to and from school, but the width of such omnibuses shall not exceed ninety-eight inches.

What This Means for School Bus Operators: School buses are exempt from the general 96-inch width rule in paragraph (a), but they have their own stricter limit of 98 inches (approximately 8 feet 2 inches). This is narrower than the 102-inch limit that applies to regular omnibuses under paragraph (f). The bus must be used solely for transporting children to and from school to qualify for this provision.

Fighting a VTL 385-1(e) Ticket

Common defense angles include:

• Measurement Accuracy: Was the bus actually over 98 inches? Did the officer include mirrors or other safety devices that should be excluded from the measurement?
• Vehicle Classification: If the bus is used for purposes other than solely transporting children to/from school, it may fall under a different provision (such as 1(f) which allows 102 inches).
• Equipment Specifications: Verifying the manufacturer's specifications to confirm the bus's actual width.

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We take on all types of traffic related charges from typical speeding tickets and more uncommon citations for failure to update address . Our firm also appears in the most remote courts in New York State, from Ocean Beach to Red House . We are ready and willing to take on your case. Contact us for a free consultation.

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