VTL 385-10 – Overloaded Vehicles (3 or More Axles) (Owner Responsible)

The Benjamin Goldman Law Office can assist vehicle owners and commercial operators cited under VTL § 385(10), Overloaded Vehicles (3 or More Axles) (Owner Responsible). New York State maintains strict weight limits for vehicles with three or more axles to protect road infrastructure and ensure safety. When a vehicle with three or more axles exceeds the maximum allowable weight, the owner of the vehicle is held responsible for the violation, regardless of who was operating the vehicle. This can lead to significant fines, potential liability for road damage, and possible impacts on commercial operations. We can help with these tickets statewide.

Penalties for VTL 385-10 Overloaded Vehicles (3 or More Axles) (Owner Responsible)

Violations of VTL § 385(10) are typically handled as traffic infractions. The fines are substantial compared to standard traffic tickets, and the consequences can be severe, especially if the vehicle causes damage to road surfaces or bridges.

• 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.

While "overloaded vehicles" violations do not carry driver violation points, they can impact a Commercial Driver's License (CDL) holder's employment record and CSA scores for carriers. Courts also have discretion to impose the higher end of the fine range, especially for egregious violations or when damage to infrastructure occurs. Important Note: Under this section, the vehicle owner is held responsible for the violation, not just the operator. This means that even if you were not driving the vehicle, you may still be liable for the ticket if you own a vehicle with three or more axles that exceeds weight limits. For other weight violations, such as VTL 385-8 Overload on Axle (Owner Responsible) or VTL 385 Overweight violations, penalties can also be severe.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

10. No vehicle having three or more axles or any combination of vehicles having a total of three or more axles shall be operated or moved over any highway if such vehicle or combination exceeds the maximum weight limits prescribed by this section. The owner of such vehicle or combination of vehicles shall be responsible for any violation of this subdivision.

What This Means for Vehicle Owners: In simple terms, vehicles with three or more axles (or combinations of vehicles with a total of three or more axles) must comply with the maximum weight limits prescribed by VTL § 385. This includes overall gross vehicle weight limits as well as axle weight limits. This limit applies to all vehicles on New York State highways and roads. Exceeding these limits can cause significant damage to road surfaces and bridges. Critically, this section holds the vehicle owner responsible for the violation, meaning that even if someone else was driving your vehicle, you as the owner may be cited and held liable for the ticket if your vehicle with three or more axles exceeds weight limits. If you need to exceed these limits, you generally need a Special Hauling Permit.

How to Fight a VTL § 385(10) Ticket

Fighting an overloaded vehicle ticket under this section involves examining the specifics of the stop, the weighing method, calibration of scales, axle count, and whether the owner responsibility provision applies correctly. This is especially important for vehicle owners where potential liability for road damage and commercial operations are at stake.

Common defense angles include:

• Scale Calibration: Was the scale properly calibrated and certified? Were calibration records available and current? Scale accuracy is critical for vehicle weight measurements, and improperly calibrated scales can produce incorrect readings.
• Weighing Procedure: Was the vehicle weighed correctly? For vehicles with three or more axles, the vehicle must be positioned properly on the scale, and all axles must be on the scale platform. Improper positioning can result in inaccurate measurements.
• Axle Count: Was the vehicle correctly identified as having three or more axles? Was the axle count accurate at the time of the violation?
• Owner Identification: Was the correct owner cited? If the vehicle was leased, sold, or transferred, was the ownership properly established at the time of the violation?
• Permits: Did the vehicle have a valid Special Hauling Permit that allowed for the excess weight? Was there a misunderstanding of the permit's conditions or weight allowances?
• Load Distribution: Did the load shift during transportation, causing a temporary weight increase that wasn't present at the start of the trip? Can you demonstrate that the vehicle was within legal weight limits when initially loaded?
• Vehicle Condition: Were there mechanical issues (such as suspension problems) that caused weight distribution issues that wasn't the owner's fault? Can you demonstrate that the vehicle was properly maintained and loaded?
• Measurement Error: Was there a mathematical error in calculating the total weight? Was the vehicle weight properly measured and compared to the applicable weight limits?

Why These Tickets Are Common: Vehicle owners with multi-axle vehicles often face these tickets when their vehicles are weighed at weigh stations, U.S. Department of Transportation (DOT) checkpoints, or during routine traffic stops. Officers and DOT inspectors are particularly vigilant about weight limits for vehicles with three or more axles because overloaded multi-axle vehicles can cause significant damage to road surfaces, bridges, and infrastructure. Excessive weight on multi-axle vehicles can lead to premature road deterioration, bridge damage, and safety hazards. These violations are common because load distribution across multiple axles can be challenging, especially with irregularly shaped cargo. The owner responsibility provision means that vehicle owners must be diligent about ensuring their multi-axle vehicles comply with weight limits, even when operated by others.

The Benjamin Goldman Law Office can assist with VTL § 385 violations statewide, including overloaded vehicle cases where the owner is held responsible for vehicles with three or more axles. We can help protect your interests, minimize liability, and preserve your company's bottom line. Contact us at your convenience, via phone call, email, or text message. We will be glad to review your case for free.

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