VTL 385-12 – Overloaded Metal Tires

The Benjamin Goldman Law Office can assist motorists and commercial drivers cited under VTL § 385(12), Overloaded Metal Tires. New York State maintains specific weight limits for vehicles equipped with metal tires to protect road infrastructure and ensure safety. Metal tires have different load-bearing characteristics than pneumatic or solid rubber tires, and vehicles using them must comply with specific weight restrictions. Operating a vehicle with metal 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 385-12 Overloaded Metal Tires

Violations of VTL § 385(12) 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 metal 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 385-11 Overloaded Solid Rubber Tires or VTL 385-7 Overload on Wheels, penalties can also be severe.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

12. No vehicle equipped with metal tires shall be operated or moved over any highway if the weight on any wheel exceeds six hundred pounds per inch width of tire, or if the weight on any axle exceeds twelve thousand pounds.

What This Means for Drivers: In simple terms, vehicles equipped with metal tires have specific weight restrictions that are different from vehicles with pneumatic or solid rubber tires. The maximum weight allowed on any wheel is 600 pounds per inch of tire width, and the maximum weight on any axle is 12,000 pounds. These limits apply to all vehicles with metal tires on New York State highways and roads. Metal tires have different load-bearing characteristics than other tire types, 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(12) Ticket

Fighting an overloaded metal 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 metal 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 600 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 metal tires? Metal tires are different from pneumatic tires and solid rubber 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 metal 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 metal 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 metal tires because these tires have different load-bearing characteristics than pneumatic or solid rubber tires. Overloaded metal tires can cause significant damage to road surfaces, bridges, and infrastructure. Excessive weight on metal tires can lead to premature road deterioration, bridge damage, and safety hazards. These violations are common because the weight limits for metal tires are stricter than for pneumatic tires, and operators may not be aware of the different requirements. Metal tires are less common in modern commercial vehicles but may still be found on certain specialized equipment.

The Benjamin Goldman Law Office can assist with VTL § 385 violations statewide, including overloaded metal 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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