VTL 385-11 – Overloaded Solid Rubber Tires

The Benjamin Goldman Law Office can assist motorists and commercial drivers cited under VTL § 385(11), Overloaded Solid Rubber Tires. New York State maintains specific weight limits for vehicles equipped with solid rubber tires to protect road infrastructure and ensure safety. Solid rubber tires have different load-bearing characteristics than pneumatic tires, and vehicles using them must comply with stricter weight restrictions. Operating a vehicle with solid rubber tires that exceeds the applicable weight limits can lead to significant fines, potential liability for road damage, and possible loss of commercial driving privileges. We can help with these tickets statewide.

Penalties for VTL 385-11 Overloaded Solid Rubber Tires

Violations of VTL § 385(11) 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 solid rubber tires" 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. For other weight violations, such as VTL 385-7 Overload on Wheels or VTL 385-12 Overloaded Metal Tires, penalties can also be severe.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

11. No vehicle equipped with solid rubber tires shall be operated or moved over any highway if the weight on any wheel exceeds eight hundred pounds per inch width of tire, or if the weight on any axle exceeds sixteen thousand pounds.

What This Means for Drivers: In simple terms, vehicles equipped with solid rubber tires have specific weight restrictions that are different from vehicles with pneumatic tires. The maximum weight allowed on any wheel is 800 pounds per inch of tire width, and the maximum weight on any axle is 16,000 pounds. These limits apply to all vehicles with solid rubber tires on New York State highways and roads. Solid rubber tires have different load-bearing characteristics than pneumatic tires, which is why they have stricter weight limits. Exceeding these limits can cause significant damage to road surfaces and bridges, which is why these violations are taken seriously. If you need to exceed these limits, you generally need a Special Hauling Permit.

How to Fight a VTL § 385(11) Ticket

Fighting an overloaded solid rubber tires ticket involves examining the specifics of the stop, the weighing method, calibration of scales, tire width measurement, and the vehicle's tire configuration. This is especially important for commercial drivers where license status and potential liability for road damage 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 weight measurements, and improperly calibrated scales can produce incorrect readings.
• Weighing Procedure: Was the vehicle weighed correctly? For vehicles with solid rubber tires, the vehicle must be positioned properly on the scale. Improper positioning can result in inaccurate measurements.
• Tire Width Measurement: Was the tire width measured correctly? The weight limit is calculated as 800 pounds per inch of tire width, so an accurate tire width measurement is essential. Was the measurement taken at the correct location on the tire?
• Tire Type Identification: Was the vehicle correctly identified as having solid rubber tires? Solid rubber tires are different from pneumatic tires, and the distinction matters for which weight limits apply.
• Permits: Did the driver 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 uneven weight distribution that wasn't the driver's fault? Can you demonstrate that the vehicle was properly maintained and loaded?
• Calculation Error: Was there a mathematical error in calculating the weight per inch of tire width? For solid rubber tires, the calculation involves dividing the weight on the wheel by the tire width in inches. Was this calculation done correctly?

Why These Tickets Are Common: Commercial drivers operating vehicles with solid rubber tires often face these tickets 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 solid rubber tires because these tires have different load-bearing characteristics than pneumatic tires. Overloaded solid rubber tires can cause significant damage to road surfaces, bridges, and infrastructure. Excessive weight on solid rubber tires can lead to premature road deterioration, bridge damage, and safety hazards. These violations are common because the weight limits for solid rubber tires are stricter than for pneumatic tires, and operators may not be aware of the different requirements.

The Benjamin Goldman Law Office can assist with VTL § 385 violations statewide, including overloaded solid rubber tires cases that involve road damage or permit issues. We can help protect your license, 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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