VTL 385-1(h) – Overwidth House Coach / Fifth Wheel Trailer

The Benjamin Goldman Law Office can represent RV owners and recreational vehicle operators cited under VTL § 385(1)(h). New York State law provides a specific exemption for house coaches (motorhomes) and fifth wheel trailers used for non-commercial purposes, allowing awnings to extend beyond the normal width limits under certain conditions.

Penalties for VTL 385-1(h) Violations

According to the Magill fine schedule, overwidth house coach or fifth wheel trailer violations carry:

• First offense: Fine between $200 and $300; 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.

Note the first offense fine range is slightly lower ($200-$300) compared to other VTL 385 violations.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

1. (h) Notwithstanding the provisions of paragraph (a) of this subdivision, a house coach used for non-commercial purposes may exceed the maximum width applicable on the highway upon which such house coach is traveling if such excess width is wholly attributable to an awning and its support hardware that is no less than seven and one-half feet off the ground and extends no more than six inches beyond the body of the vehicle on the passenger side and four inches beyond the body of the vehicle on the driver's side.

A fifth wheel trailer designed to provide temporary living quarters for recreational, camping, or travel use not to exceed four hundred square feet in the set-up mode and used for non-commercial purposes may exceed the maximum width applicable on the highway upon which such fifth wheel trailer is traveling if such excess width is wholly attributable to an awning and its support hardware that is no less than seven and one-half feet off the ground and extends no more than six inches beyond the body of the vehicle on the passenger side.

This provision shall not apply to any city not wholly included within one county [NYC] except such house coaches and fifth wheel trailers... may be operated on [specific interstate highway segments connecting I-95, I-287, I-295, and I-495].

What This Means for RV Owners:

• Your house coach or fifth wheel trailer can have awning hardware that extends beyond the normal width limit.
• The awning hardware must be at least 7.5 feet off the ground.
• House coaches: Awning can extend up to 6" on passenger side, 4" on driver side.
• Fifth wheel trailers: Awning can extend up to 6" on passenger side only; must be under 400 sq ft.
• Must be used for non-commercial purposes.
• Does not apply in NYC except on specific interstate highway segments.

Fighting a VTL 385-1(h) Ticket

Common defense angles include:

• Awning Compliance: Demonstrating that the excess width was solely from properly mounted awning hardware meeting the height and extension requirements.
• Non-Commercial Use: Proving the vehicle was being used for personal recreational purposes, not commercial transport.
• Measurement Accuracy: Challenging whether the officer properly measured only the awning overhang versus the vehicle body.
• Location Exception: If cited in NYC, verifying whether you were on one of the exempt interstate segments.

The Benjamin Goldman Law Office helps RV enthusiasts protect their right to travel New York's highways. We are a New York State traffic ticket defense firm that handles all types of traffic related charges. Our attorneys fight hard for each client, doing their utmost to obtain the most optimal disposition. We are a highly rated defense firm that leaves no unturned stone on behalf of our clients. Our attorneys have been able to obtain significant reductions or dismissals on behalf of our clients. Contact us for a free consultation about your ticket.

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