VTL 385-1(f) – Overwidth Omnibus (Bus)

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We have been in operation since 2010 and have successfully handled thousands of tickets since then. Our firm takes on all types of traffic-related charges and we operate throughout the state. The Benjamin Goldman Law Office is also able to defend bus companies and drivers cited under VTL § 385(1)(f). New York State law provides a specific width allowance for omnibuses (buses), generally permitting them to be up to 102 inches wide, slightly wider than the standard 96-inch limit on some older roads. However, exceeding this limit or operating on restricted roadways can lead to traffic tickets and corporate liability.

Penalties for VTL 385-1(f) Violations

While often a company-level issue, drivers can also be cited. Fines follow the standard VTL 385 schedule:

• 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.

For bus operators, these violations may potentially impact safety ratings and insurance premiums.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

1. (f) Notwithstanding the provisions of paragraph (a) of this subdivision, the maximum width for omnibuses or buses having a carrying capacity of more than seven passengers shall not exceed one hundred two inches, provided, however, that when omnibuses or buses are operated wholly within a city, such city may, by local law or ordinance but subject to paragraph (h) of this subdivision, limit the width of omnibuses or buses to not more than ninety-eight inches.

What This Means for Bus Operators: Buses and omnibuses with more than 7 passenger capacity can be up to 102 inches (8.5 feet) wide statewide. However, if the bus operates entirely within a city, that city can impose a stricter 98-inch limit by local law. This is different from school buses under paragraph (e), which are limited to 98 inches statewide. Mirrors and safety devices are generally excluded from width measurements.

Fighting a VTL 385-1(f) Ticket

Common defense angles include:

• Measurement Error: Was the bus actually over 102 inches, or did the officer include mirrors or flexible safety fenders in the measurement?
• Vehicle Classification: Ensuring the vehicle is properly classified as an omnibus entitled to the 102-inch limit.
• Route Authority: Confirming the bus was on a roadway where 102-inch vehicles are permitted.

The Benjamin Goldman Law Office handles traffic violations for commercial drivers and bus operators statewide. Contact us for assistance. Consultations are complimentary.

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