VTL 385-7 – Overload on Wheels

The team at the Benjamin Goldman Law Office is ready and willing to help motorists and commercial drivers cited under VTL § 385(7), "Overload on Wheels." New York State maintains strict weight limits on individual wheels, axles, and axle groups to protect road infrastructure and ensure safety. Operating a vehicle that exceeds the maximum wheel or axle weight limits can lead to significant fines, potential liability for road damage, and possible loss of commercial driving privileges. Our Firm would be happy to defend these tickets statewide.

Penalties for VTL 385-7 Overload on Wheels

Violations of VTL § 385(7) 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 (city courts) / $93 (town & village courts).
• Second offense (within 18 months): Fine between $500 and $1,000; up to 60 days jail; surcharge $88 / $93.

While "overload on wheels" violations do not carry driver violation points, they may 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 Overweight violations, penalties can be even more severe and are calculated based on the percentage of excess weight.

Statute

The relevant section of the Vehicle and Traffic Law states:

§ 385. Dimensions and weights of vehicles.

7. No vehicle or combination of vehicles shall be operated or moved over any highway if the weight on any single wheel exceeds eleven thousand two hundred pounds, or if the weight on any single axle exceeds twenty-two thousand four hundred pounds, or if the weight on any tandem axle exceeds thirty-six thousand pounds.

What This Means for Drivers: In simple terms, the maximum weight allowed on any single wheel is 11,200 pounds. The maximum weight on any single axle is 22,400 pounds, and the maximum weight on any tandem axle (two axles spaced closely together) is 36,000 pounds. These limits apply to all vehicles on New York State highways and roads. 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 need a Special Hauling Permit. These weight limits are separate from and in addition to overall gross vehicle weight limits.

How to Fight a VTL § 385(7) Ticket

Fighting an overload on wheels ticket involves examining the specifics of the stop, the weighing method, calibration of scales, and the vehicle's configuration. This is especially important for commercial drivers where license status and potential liability for road damage are at stake, similar to other CDL endorsement violations.

Common defense angles include:

• Scale Calibration: Was the scale properly calibrated and certified? Were calibration records available and current? Scale accuracy is critical for wheel and axle weight measurements, and improperly calibrated scales can produce incorrect readings.
• Weighing Procedure: Was the vehicle weighed correctly? For wheel and axle weights, the vehicle must be positioned properly on the scale, and all wheels or axles must be on the scale platform simultaneously. Improper positioning can result in inaccurate measurements.
• Axle Configuration: Was the axle configuration correctly identified? Single axles, tandem axles, and other axle groups have different weight limits. Misidentification of the axle type could result in an invalid citation.
• Permits: Did the driver have a valid Special Hauling Permit that allowed for the excess wheel or axle 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 on a particular wheel or axle 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?
• Measurement Error: Was there a mathematical error in calculating the weight? For tandem axles, was the total weight properly measured and compared to the 36,000-pound limit?

Why These Tickets Are Common: Commercial drivers 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 wheel and axle weights because overloaded wheels and axles can cause significant damage to road surfaces, bridges, and infrastructure. Excessive weight on individual wheels or axles can lead to premature road deterioration, bridge damage, and safety hazards. These violations are common because load distribution can be challenging, especially with irregularly shaped cargo or when multiple axles are involved.

The Benjamin Goldman Law Office can assist with VTL § 385 violations statewide, including overload on wheels cases that involve road damage or permit issues. Our attorneys the nuances of commercial vehicle weight regulations and work 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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