VTL 385-2 – Overheight Vehicle

The Benjamin Goldman Law Office can represent motorists and commercial drivers cited under VTL § 385(2), "Overheight Vehicle." New York State maintains strict height limits for vehicles to ensure safety on highways and protect bridges and overhead structures. Operating a vehicle that exceeds the maximum height limit of 13.5 feet without a proper permit can lead to significant fines, potential liability for infrastructure damage, and possible loss of commercial driving privileges.

Penalties for VTL 385-2 Overheight Vehicle

Violations of VTL § 385(2) are typically cited as traffic infractions. The fines are substantial compared to standard traffic tickets, and the consequences can be severe if the vehicle causes damage to bridges or highway structures.

• 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 "overheight" 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 on Damage Liability: If an overheight vehicle exceeding 13 feet in height causes damage to highways, bridges, or highway structures, and the excess height is the proximate cause of the accident, both the owner and operator of the vehicle are responsible for compensating for the damage. This liability can result in significant financial consequences beyond the traffic ticket fines. For other dimension violations, such as VTL 385 Overwidth violations 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.

2. The height of a vehicle from under side of tire to top of vehicle, inclusive of load, shall be not more than thirteen and one-half feet. Any damage to highways, bridges or highway structures resulting from the use of a vehicle exceeding thirteen feet in height where such excess height is the proximate cause of the accident shall be compensated for by the owner and operator of such vehicle.

What This Means for Drivers: In simple terms, the maximum height for any vehicle, including its load, is 13.5 feet (162 inches) measured from the underside of the tire to the top of the vehicle. This limit applies to all vehicles on New York State highways and roads. If your vehicle or load is taller than this, you generally need a Special Hauling Permit. Additionally, if your overheight vehicle (exceeding 13 feet) causes damage to bridges or overhead structures, you and your employer may be held liable for repair costs, which can be substantial.

How to Fight a VTL § 385(2) Ticket

Fighting an overheight ticket involves examining the specifics of the stop, the measurement method, and the vehicle's classification. This is especially important for commercial drivers where license status and potential liability for infrastructure damage are at stake, similar to other CDL endorsement violations.

Common defense angles include:

• Measurement Accuracy: Did the officer use a calibrated measuring device? Was the measurement taken correctly from the underside of the tire to the top of the vehicle (or load)? Height measurements can be affected by tire pressure, road conditions, and the angle at which the measurement was taken.
• Permits: Did the driver have a valid Special Hauling Permit that covered the height dimensions? Was there a misunderstanding of the permit's conditions or route restrictions?
• Load Shifting: Did the load shift during transportation, causing a temporary height increase that wasn't present at the start of the trip? Can you demonstrate that the vehicle was within legal height limits when initially loaded?
• Height Clearance Signs: Was the vehicle following a route that had adequate clearance, but the cited location had lower clearance than posted signs indicated?
• Special Vehicle Exemptions: Certain vehicles or loads may have specific exemptions under special circumstances or agricultural permits.
• Bridge Strike Defense: If damage occurred, can you demonstrate that factors other than height (such as improper signage, construction, or other vehicles) were the proximate cause of the incident?

Why These Tickets Are Common: Commercial drivers transporting construction equipment, mobile homes, or tall loads often face these tickets at bridge crossings, underpasses, or the Department of Transportation (DOT) checkpoints. Officers and DOT inspectors are particularly vigilant about height because overheight vehicles pose serious risks, including bridge strikes that can cause structural damage, traffic delays, and safety hazards. Bridge strikes in New York can result in significant repair costs and extended highway closures.

The Benjamin Goldman Law Office can handle VTL § 385 violations statewide across New York State. We have specific experience with overheight cases, including cases that involve bridge strikes or infrastructure damage. Our team works to 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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