VTL 385-3(a) – Overlength Vehicle (Single Vehicle)

The Benjamin Goldman Law Office represents motorists and commercial drivers cited under VTL § 385(3)(a), Overlength Single Vehicle. New York State maintains strict length limits for single vehicles to ensure safety on highways and proper maneuverability. Operating a single vehicle that exceeds the maximum length limit of 40 feet (inclusive of load and bumpers) without a proper permit can lead to significant fines and possible loss of commercial driving privileges. We defend these tickets statewide.

Penalties for VTL 385-3(a) Overlength Single Vehicle

Violations of VTL § 385(3)(a) are typically handled as traffic infractions. The fines are substantial compared to standard traffic tickets.

• 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 "overlength" 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 the vehicle poses safety hazards. 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.

3. (a) The length of a single vehicle, inclusive of load and bumpers, shall be not more than forty feet unless otherwise provided in this subdivision.

What This Means for Drivers: In simple terms, any single vehicle (not a combination vehicle like a truck with trailer) cannot exceed 40 feet in total length when measured from the front bumper to the rear bumper, including any cargo or load. This applies to trucks, buses, RVs, and other single-unit vehicles. If your single vehicle is longer than 40 feet, you generally need a Special Hauling Permit or must qualify for a specific exception under other provisions of VTL § 385.

How to Fight a VTL § 385(3)(a) Ticket

Fighting an overlength single vehicle ticket involves examining the specifics of the stop, the measurement method, and whether the vehicle qualifies for any exceptions. This is especially important for commercial drivers where license status is 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 front bumper to the rear bumper, inclusive of load? Length measurements can be affected by how bumpers are counted, load overhang, and the angle at which the measurement was taken.
• Vehicle Classification: Was this actually a "single vehicle" or was it part of a combination? If it's a combination vehicle, different length limits may apply under other subsections of VTL 385.
• Permits: Did the driver have a valid Special Hauling Permit that covered the length dimensions? Was there a misunderstanding of the permit's conditions or route restrictions?
• Bumper Exclusions: Were certain extendable bumpers or safety devices improperly included in the measurement when they should have been excluded?
• Load Overhang: Was the vehicle itself within legal limits, but the load was temporarily extending beyond? Can you demonstrate that the vehicle can be loaded to comply with the 40-foot limit?
• Special Exemptions: Does the vehicle qualify for any special exemptions provided elsewhere in subdivision 3 of VTL 385 (such as for specific vehicle types like buses or articulated vehicles)?

Why These Tickets Are Common: Commercial drivers operating delivery trucks, box trucks, or other single-unit vehicles often face these tickets at Department of Transportation (DOT) checkpoints or when pulled over for other violations. Officers are vigilant about length because overlength single vehicles can pose safety risks in traffic, at intersections, and in parking areas. These violations are common when drivers underestimate the total length including cargo overhang or when operating vehicles near the 40-foot limit.

The Benjamin Goldman Law Office can handle VTL § 385 violations statewide, including overlength single vehicle cases. We understand the nuances of commercial vehicle regulations and work to protect your license and 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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