VTL 385-1(g) – Overwidth Hay/Straw Rack

The Benjamin Goldman Law Office can represent farmers and operators cited under VTL § 385(1)(g). New York State law acknowledges the unique needs of transporting loose agricultural products like hay and straw, allowing for specialized racks up to 102 inches wide. However, operating outside of this specific allowance can result in traffic citations and fines.

Penalties for VTL 385-1(g) Violations

Violations involving overwidth racks are treated similarly to other dimension violations:

• First offense: Fine between $200 and $500; up to 30 days jail (though extremely unlikely);; surcharge of up to $93.
• Second offense (within 18 months): Fine between $500 and $1,000; up to 60 days jail; surcharge is the same.

These fines can add up quickly for agricultural businesses already operating on tight margins.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

1. (g) Notwithstanding the provisions of paragraph (a) of this subdivision, racks for carrying hay, straw or unthreshed grain may have a width of ten feet at the top of the rack. In no case shall the width at the base of the rack exceed one hundred two inches, nor shall the width of a rack exceed one hundred two inches at any portion thereof while on any qualifying highway.

What This Means for Farmers: If you are using a rack specifically for hay, straw, or grain, the top of that rack can be up to 10 feet (120 inches) wide on most roads. However, the base of the rack must not exceed 102 inches. Additionally, on qualifying highways (major routes), the rack cannot exceed 102 inches at any point. This allows the traditional tapered hay rack design where the top is wider than the base.

Fighting a VTL 385-1(g) Ticket

Common defense angles include:

• Equipment Type: Proving that the vehicle attachment in question was indeed a "rack" used for hay/straw/grain as defined by the statute.
• Measurement Location: The statute specifies "at the top of the rack." If the officer measured a wider point elsewhere (like the wheels or a lower protrusion that wasn't the rack), the measurement might be contestable.
• Load vs. Rack: Sometimes officers cite for the width of the loose hay itself, which might extend beyond the rack, rather than the fixed rack width.

The Benjamin Goldman Law Office supports New York's agricultural community. We can help you fight improper tickets and protect your livelihood. Contact us for a free consultation. Our firm represents motorists across the state and we have appeared in the most rural and remote justice courts. We will be glad to review your ticket for free and let you know whether it is worth fighting.

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