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Dimension and weight enforcement in New York

Enforcement methods and penalties for violating vehicle dimension or weight limits, including fines and proceedings.

23 facts, each with the passage it comes from, quoted from 3 official sources.

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  • Where is automated weight enforcement active, and what penalty applies?Nothing on file for New York answers this yet.

  • What registration and procedural consequences can follow a violation?Nothing on file for New York answers this yet.

Facts

8 topics

Overweight fine per violation (Fees)

Fine amount charged per overweight violation detected by automated weigh-in-motion enforcement, in the currency stated.

  • BQE WIM automated enforcement, Queens-bound direction$650USD
  • BQE WIM automated enforcement, Staten Island-bound direction$650USD

Overweight fine schedule (In words)

The schedule of fines for operating a vehicle or combination above the legal or permitted weight, expressed as bands of excess weight (percentage or absolute weight) with the corresponding fine amount.

  • Violation of subdivision eight, nine, or ten, or weight limitations specified by permit issued pursuant to subdivision fifteen; fines levied on registered owner; basis is percent of excess weight

    Percent of excess weight greater than 0, less than or equal to 2.0: $150; 2.0-4.0: $300; 4.0-6.0: $450; 6.0-7.0: $525; 7.0-8.0: $600; 8.0-10.0: $750; 10.0-12.0: $950; 12.0-14.0: $1,150; 14.0-16.0: $1,350; 16.0-18.0: $1,550; 18.0-20.0: $1,750; 20.0-22.0: $1,950; 22.0-24.0: $2,150; 24.0-26.0: $2,350; 26.0-28.0: $2,550; 28.0-30.0: $2,750; 30.0-32.0: $2,950; 32.0-34.0: $3,150; 34.0-36.0: $3,350; 36.0-38.0: $3,550; 38.0-40.0: $3,750; 40.0 or greater: $3,750 plus $125 for each percent over 40 percent

  • Violation of subdivision ten in a city not wholly included within one county, or of city department of transportation rules setting maximum allowable gross weight without a permit; excluding enforcement scale tolerance not to exceed five percent; fines levied on registered owner; basis is excess total weight in pounds

    Excess Total Weight (pounds) greater than 0, less than or equal to 2,000: $50; 2,000-3,000: $75; 3,000-4,000: $100; 4,000-5,000: $200; 5,000-6,000: $300; 6,000-7,000: $400; 7,000-8,000: $500; 8,000-9,000: $600; 9,000-10,000: $700; 10,000-15,000: $1,200; 15,000-20,000: $1,700; 20,000-25,000: $2,200; 25,000-30,000: $2,700; 30,000-35,000: $3,200; 35,000-40,000: $3,700; 40,000-45,000: $4,200; 45,000-50,000 or greater: $4,700

  • Violation of subdivisions eight and nine in a city not wholly included within one county, or of city department of transportation rules setting maximum allowable axle or tandem axle weight without a permit; fines levied on registered owner; basis is percentage of excess axle weight

    Percentage of excess weight greater than 0, less than or equal to 5.0: $100; 5.0-10.0: $200; 10.0-15.0: $350; 15.0-20.0: $600; 20.0-25.0: $1,000; 25.0-30.0: $1,600; 30.0-35.0: $2,450; 35.0-40.0: $3,600; 40.0-45.0: $5,100; 45.0 or greater: $7,000

  • Violation of subdivisions eight and nine in a city not wholly included within one county; basis of excess is axle or tandem axle weight

    Percentage of excess weight (PERCENTAGE) | AMOUNT OF FINE (DOLLARS): greater than 0, less than or equal to 5.0: 100; 5.0-10.0: 200; 10.0-15.0: 350; 15.0-20.0: 600; 20.0-25.0: 1000; 25.0-30.0: 1600; 30.0-35.0: 2450; 35.0-40.0: 3600; 40.0-45.0: 5100; 45.0 or greater: 7000

Permit void if excess weight exceeds threshold (Measures)

The percentage of excess total weight, axle weight, or axle-group weight above the permitted limits that causes a permit to be deemed void, after which fines are calculated as if no permit had been issued.

  • 0 %Excess axle or axles weight; city not wholly included within one county; any excess above permitted limits voids permit
  • 0 %Excess total weight; city not wholly included within one county; any excess above permitted limits voids permit
  • 7 %Total weight, axle weight or axle grouping weight; areas outside a city not wholly contained in one county; including any applicable enforcement scale tolerance
  • 7 %Total weight, axle weight or axle grouping weight; areas outside a city not wholly contained in one county; including any applicable enforcement scale tolerance

Maximum registration suspension period (Measures)

The maximum number of days for which a vehicle registration may be suspended for a violation of dimension or weight limits.

  • 365 daysAny violation of the provisions of this section
  • 365 daysAny violation of this section, including operation within a city not wholly included within one county exceeding city DOT limitations
  • 365 daysIn addition to fines imposed by paragraphs (a), (c) and (d) of subdivision 19
  • 365 daysVehicle subject to a permit issued pursuant to paragraph (f) of subdivision fifteen; failure to appear or pay fine

Mandatory surcharge (Fees)

The mandatory surcharge amount added to any sentence or other surcharge upon conviction for a violation of dimension or weight limits, in the currency stated.

  • Conviction for a violation of this section where the court or administrative tribunal has made the specified mailing; does not apply to owner-operators or to vehicles registered to a lease/rental business unless operated by an employee of the registrant or for a community of interest other than the lease or rental agreement$30USD
  • Conviction for a violation of this section; does not apply to owner-operators or lease/rental vehicles unless operated by employee of registrant or for a community of interest$30USD

Single fine for multiple weight violations (Yes or no)

Whether only a single fine is imposed when a vehicle is found in violation of multiple weight-related subdivisions (e.g. total weight and axle weight) during the same weighing, with the fine not exceeding the highest applicable amount.

Yesin 2 cases

  • Violation of subdivision ten and also subdivision eight or nine, or both subdivisions eight and nine
  • Violation of subdivision ten and also subdivision eight or nine, or both subdivisions eight and nine, found during the same weighing

Summons issued to registrant (Yes or no)

Whether an appearance ticket or summons for a dimension or weight violation may be issued to the registrant of the vehicle (or hauling vehicle in a combination) rather than the operator.

Yesin 2 cases

  • Vehicle or combination of vehicles operated in violation of this section; if combination, to registrant of hauling vehicle; operator deemed agent of registrant for service
  • Vehicle or combination operated in violation of this section; if operated by a person other than the registrant, the ticket is served on the operator, who is deemed the registrant's agent

Plea bargain restriction (Yes or no)

Whether a guilty plea in satisfaction of a dimension or weight violation must include at least a plea of guilty to one of the subdivisions of the dimension and weight law, with any exceptions requiring district attorney consent.

Yes

Exception: district attorney may consent, and the court may allow, a plea to that or another charge if the district attorney determines the charge is not warranted or suspension is not appropriate; court must impose at least the minimum fine

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