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Archive for the ‘CMV with Flow Charts’ Category

Commercial Motor Vehicles Page 77

21 Dec

COMMERCIAL MOTOR VEHICLES

STATUTORY AUTHORITY & REGULATIONS

Sections 14-f, 138(2), 140.2, 143, 145, 211 & 212 of the State Transportation Law & Article 19-B of the NYS
State Vehicle & Traffic Law provides Statutory Authority for the Commissioner of the Department of
Transportation to promulgate regulations that apply to the operation of commercial motor vehicles on the
public highways of the State.  In general, these regulations have adopted the Federal Motor Carrier Safety
Regulations found in Title 49 of the Code of Federal Regulations (49 CFR), parts 390, 391, 392, 393, 396 &
397, and the Hazardous Materials Transportation Regulations found in 49 CFR parts 100 through 199 as
they apply to interstate transportation.
There are specific exceptions to these regulations for vehicles operated strictly in intrastate commerce.
Refer to Title 17 of the New York Code of Rules & Regulations 820.
 

Commercial Motor Vehicles Page 78

21 Dec

CMV violations are written under section 14-f & 140 of the NYS Transportation Law.

New York State, for the most part, has adopted Title 49 of the Code of Federal Regulations.  (See DOT Reg ID # TRN-22-04-00004.)  Parts 507, 819, 820, 822, 824 and section 845.3 were repealed and a new  Part 820 & 845.3 were added, effective 60 days after publication in the NYS Register dated 13 October 2004. What this means is that the State has updated its regulations to the current Federal Standards as shown in the 2003 edition of the Code of Federal Regulations.  Additional information is found:

In the NYS VTL, section 378, additional safety requirements for commercial motor vehicles,

In the NYS Transportation law, sections 14-f (HAZMAT), 140 (commercial vehicle safety), 211 & 212 (labor hours & log books),

In the NYS Tax Law, section 1815 and,

In 17 NYCRR, Parts 720 bus & passenger safety regs & 820 commercial transportation of property regs.

In this guide, CHART HAZMAT covers section 14-f & CHART CMV covers section 140, both of the NYS Transportation Law.

I have eliminated Title 49 of the Code Of Federal Regulations.  However, if you need to look them up, HAZMAT starts at section 107 and the EQUIPMENT sections start at 380.

Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien, NY.

 

Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien, NY.

Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

 

 

 

Hours of Labor Operations Page 79

21 Dec
HOURS OF LABOR OF OPERATORS OF MOTOR TRUCKS & BUSES
See NYS Transportation Law  211 & 213 (fines)
17 NYCRR 820.06 & 11
49 CFR 395
see www.fmcsa.dot.gov, for more information
mandatory $200 fine max.
6 months or both
NYS Transportation Law 213
Driving more than the authorized hours, PROPERTY CARRYING TRUCKS
395.3(a)(1) CMV driver may drive no more than 11 hours after 10 hours off duty
395.3(a)(2) CMV driver may not drive beyond the 14 hours after coming on duty,
following 10 hours of off duty
395.3(b)(1 & 2) CMV driver may not drive after 60/70 hours on duty in 7/8 consecutive days.
Can restart the 7/8 day period by taking at least 34 consecutive hours off duty.

395.3(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty
period of 34 or more consecutive hours; or
395.3(c)(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
see exceptions; sleeper berth exception, industry exceptions and agricultural exceptions 49 CFR 395.1

Driving more than the authorized hours, PASSENGER CARRYING VEHICLES
395.5(a)(1) CMV driver may not drive more than 10 hours after 8 hours off-duty
395.5(a)(2) CMV driver may not drive after 15 hours on-duty, following 8 hours off-duty
395.5(b)(1 & 2) CMV driver may not drive after 60 / 70 hours on-duty in a 7 / 8 consecutive days
see exceptions; sleeper berth exception, industry exceptions and agricultural exceptions 49 CFR 395.1

Section 212No log bookmandatory $200 fine
max.
6 months or both
NYS Transportation Law 213
see exceptions, section 214
 

Highway Use and Fuel Tax Page 80

21 Dec

HIGHWAY USE &  FUEL USE TAXES

ALL SECTIONS REFER TO THE NYS TAX LAW

SECTIONVIOLATIONPENALTYMISCELLANEOUS
1815(a)(1)(A)(i) No permit or tag1st violation $100 - $250
2nd violation $250 - $500 or
10 days imprisonment or both
see 1815(a)(2)
1815(a)(1)(A)(ii) No license or decal1st violation $100 - $250
2nd violation $250 - $500 or
10 days imprisonment or both
see 1815(a)(2)
1815(1)(B) Operating with weight in excess of permit1st violation $100 - $250
2nd violation $250 - $500 or
10 days imprisonment or both
see 1815(a)(2)

 

Idling Prohibition for Heavy Duty Vehicles Page 81

21 Dec

IDLING PROHIBITION FOR HEAVY DUTY VEHICLES
Statutory Authority ECL 1-0101, 3-0301, 19-0103, 19-0105,
19-0107,19-0301, 19-0303, 19-0305, 19-0320,
71-2103 (fine section), 71-2105 (criminal fine section), 6 NYCRR 217-3.2, VTL 304.c & 375.28

The NYS Environmental Conservation Law prohibits heavy duty vehicles from idling for more than 5 minutes at a time.

The Idling regulation is found in Title 6 NYCRR 217-3. This Part applies to all on-road heavy duty vehicles propelled by diesel fueled and non-diesel fueled engines excluding marine vessels.

Heavy Duty Vehicle means a vehicle that has a GVWR exceeding 8,500 lbs and is designed primarily for transporting persons or properties. section 217-3.1.

SECTIONVIOLATIONPENALTYMISCELLANEOUS
6 NYCRR 217-3.2 Idling for more than 5 minutes
Exceptions are listed in section 217-3.2
Civil Liability - see ECL 71-2103
1st violation $500 - $18,000.
Yes, 18k, not a typo
2nd violation & sub. not to exceed $26,000

2nd violation & sub. not to exceed $26,000
and an additional penalty not to exceed
$22,500 for each day violation continues

Criminal Liability (misd).- see ECL 71-2105
1st $500 - $18,000 or 1 year or both
2nd not to exceed 26k or 1 yr or both
each day violation occurs is a separate violation
 

Commercial Motor Vehicle Emissions Page 82

21 Dec

EMISSIONS INSPECTION OF HEAVY DUTY VEHICLES
Annual & Roadside
These violations are found in the ECL, 19-0320.4 and in the VTL 301-b

SECTIONVIOLATIONPENALTYMISCELLANEOUS
301-b.1Failure to pass roadside emissions inspection
1st violation$700
Reduced to $150 if corrected no later
than 30 days of issuance of summons
or ticket
2nd and subsequent$1,300
Reduced to $500 if corrected no later
than 30 days of issuance of summons
or ticket

301-b.2No certificate of inspection for annual emission inspection
1st violation$700Reduced to $350 if found to have
a certificate that was valid
within the past 30 days
2nd and subsequent$1,300Reduced to $750 if found to have
a certificate that was valid
within the past 30 days

 

CHART G-2 Page 91

21 Dec

CHART G – 2
Weights in violation of 385.8, 9 or 10
or
Special Hauling Permits 385.15
Penalties found at 385.19(a)
*FINES ARE LEVIED ON THE REGISTERED OWNER*

Percent of excess weight
(percentage)
greater thanless than or equal toFine
02$150
2.04.0$300
4.0 6.0$450
6.07.0$525
7.08.0$600
8.010.0$750
10.012.0$950
12.014.0$1,150
14.016.0$1,350
16.018.0$1,550
18.020.0$1,750
20.022.0$1,950
22.024.0$2,150
24.026.0$2,350
26.028.0$2,550
28.030.0$2,750
30.032.0$2,950
32.034.0$3,150
34.036.0$3,350
36.038.0$3,550
38.040.0$3,750
40.0 $3,750
Each % over 40%plus $125

NOTE: Where the total weight, axle weight or axle grouping weight is greater than 7% including any applicable enforcement scale tolerance in excess of the limits specified in the permitted areas outside a city
not wholly contained in one county, the permit shall be deemed voided and then the amount of fine shall be determined in accordance the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

If there is a of violation of section 385(10) and also of 385(8) or 385(9), only one fine (i.e., the higher fine) may be imposed

The registration may be suspended for a period not to exceed one year. 385.19(e)

 

CHART G-3 Page 92

21 Dec

CHART G – 3
Weights in violation of 385.10
or
Special Hauling Permits, 385.15
Penalties found at 385.19(c)
FINE APPLIES ONLY WHEN THE VIOLATION OCCURRED
IN A CITY NOT WHOLLY INCLUDED
IN ONE COUNTY
*FINES ARE LEVIED ON THE REGISTERED OWNER*

EXCESS TOTAL WEIGHT
(pounds)
greater thanless than or equal toFine
02,000$50
2,0003,000$75
3,000 4,000$100
4,0005,000$200
5,0006,000$300
6,0007,000$400
7,0008,000$500
8,0009,000$600
9,00010,000$700
10,00015,000$1,200
15,00020,000$1,700
20,00025,000$2,200
25,00030,000$2,700
30,00035,000$3,200
35,00040,000$3,700
45,00045,000$4,200
45,00050,000 or greater$4,700

NOTE: Where the excess total weight is greater than the limits specified by a permit, the permit shall be deemed voided and the amount of the fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

 

CHART G-4 Page 93

21 Dec

CHART G – 4
Weights in violation of 385.8 or 385.9
FINE APPLIES ONLY WHEN THE VIOLATION OCCURRED
IN A CITY NOT WHOLLY INCLUDED
Penalties found at 385.19(d)
*FINES ARE LEVIED ON THE REGISTERED OWNER*

EXCESS TOTAL WEIGHT
(pounds)
greater thanless than or equal toFine
05.0$100
5.010.0$200
10.0 15.0$350
15.020.0$600
20.025.0$1,000
25.030.0$1,600
30.035.0$2,450
35.040.0$3,600
40.045.0$5,100
45.0$7,000

NOTE: Where the excess total weight is greater than the limits specified by a permit, the permit shall be deemed voided and the amount of the fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

 

CHART U Page 109

21 Dec

CHART U
Speeding on restricted highways (work zones), 1180(d.2 or f) or
Speeding vehicles with GVW of 18,000 lbs. or more
and using a Radar or Laser Detector, 1180(g).
Penalties found at 1180(h)3

VIOLATIONMin FineMax FineMax Imprisonment


1st conviction

Exceeded speed limit by not more than 10 mph$90$150none stated

Exceeded speed limit by more than 10 mph but not more than 30 mph *$180$60030 days or both

*EXCEPTION A. Any rule or regulation involving an out of service defect relating to brake systems, steering components
and / or coupling devises or B. transporting flammable gas, radioactive materials or explosives the fine shall be $300 or
imprisonment for 30 days or both.

Exceeded speed limit by more than 30 mph *$360$60030 days or both

*EXCEPTION Same as EXCEPTION above except that the fine shall be $600 or imprisonment for 30 days or both

2nd conviction within 18 monthsThe maximum fine may be increased
by an additional $150 *

3rd or subsequent within 18 months The maximum fine may be increased
by an additional $375 *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may
be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 

CHART Z Page 114

21 Dec

CHART Z
Driving While Intoxicated or While Ability Impaired by Drugs
Section 1192.2, 2-a, 3, 4 or 4
Penalties found at 1193.1(b & c)
Suspensions & Revocations found at 1193.2

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation
1192.2, 3, 4 or 4-a
Misd. #
$500$1,0001 year or bothshall be revokedmay be revoked6 months
1 year
if under 21
1193.2(b)(6)
1192.2-a(a)
Misd
$1,000$2,5001 year or bothShall be revokedmay be revoked1 year
1193.2(b)(2)
1192.2-a(b)
E Felony
$1,000$5,0004 years or bothShall be revokedMay be revoked1 year
1193.2(b)(2)

2nd violation within 10
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehicular assault), or

5) 125.14 of the Penal Law
(Aggravated vehiclular homicide)
Class E Felony #


$1,000$5,0004 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service

3rd violation within 10
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehiclular assault), or

5) 125.14 of the Penal Law
(Aggravated vehicular homicide)
Class D Felony #
$2,000$10,0007 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service
3rd violation within 15
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehicular assault), or

5) 125.14 of the Penal Law
(Aggravated vehicular homicide)
Class D Felony #

See 1193.1(c)(ii-a) Known as Vince's Law (eff 1 Nov 14)
$2,000$10,0007 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service

COMMERCIAL MOTOR VEHICLESSanctions found at 1193.1(d)(2, 4 & 5)

1st violation of
1192.1, 2, 3, 4 or
4-a while operating a C.M.V
Misd. #
if carrying flammable gas, radioactive materials or explosives, see EXCEPTION below
$500$1,5001 year or bothshall be revokedmay be revoked1 year


1192.2-a
E Felony #
if carrying flammable gas, radioactive materials or explosives, see EXCEPTION below
$1,000$5,0004 years or bothshall be revokedmay be revoked18 months
1193.2(b)(3)

EXCEPTION


Vehicle with GVWR over 18,000
containing flammable gas, radioactive
materials or explosives...(E Felony) 1193.1(d)(5)

1st violation of
1192.1, 2, 3, 4 or 4-a
E Felony #
1193.1(d)(5)
$1,000none stated4 years or bothshall be revokedmay be revoked3 years
1193.2(b)(5)(ii)

1192.2-a
D Felony #
$2,000$10,0007 years or bothshall be revokedmay be revoked3 years.
1193.2(b)(5)(ii)

2nd violation of
1192.1, 2, 2-a 3, 4 or
4-a while operating a C.M.V within 10 years
E Felony #
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable after 10 yrs.
1193.2(e)(3)b

3rd violation of
1192.1, 2, 2-a 3, 4 or
4-a while operating a C.M.V within 10 years
E Felony #
$2,000$10,0007 years or bothshall be revokedmay be revokedPerm disqual of CDL
Not waivable
1193.2(e)(3)c

 
# If convicted of violation of 1192.2,2-a or 3 then
see 1193.1(b)(ii) and 1193.1(c)(iii) for ignition interlock system
see 1193.1(c)(ii) for drug and alcohol assesment
see 1198 for ignition lock requirements

No unconditional discharge may be granted for any 1192 offense.
A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e).

see 1193.2(c) regarding reissuance of licenses

 

CHART AA Page 115

21 Dec

CHART AA
Special Vehicles
Alcohol and Drug Related Offenses
Penalties found at 1193.1(d)(1 & 4)
Special Vehicle defined as: Where a violator is operating a taxicab
or livery and carrying a passenger for compensation, or a truck
with a GVWR greater than 18,000 pounds but not more than
26,000 pounds, not carrying HAZMAT
and which is not a commercial vehicle.

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation of
1192.1,2, 3, 4 or 4-a
Misd.
$500$1,5001 year or bothshall be revokedmay be revoked1 year
1193.2(b)(4)

1st violation of 119.2-a
E Felony
$1,000$5,0004 years or bothShall be revokedmay be revoked18 months
1193.2(b)3

2nd special vehicle
violation within 10 years
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revoked1 year
1193.2(b)(3)

3rd special vehicle
violation within 10 years
D Felony

$2,000$10,0007 years or bothshall be revokedmay be revoked 1 year
1193.2(b)(3)

No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 

CHART BB Page 116

21 Dec

CHART BB
Commercial Motor Vehicles
Section 1192.5: per se- Level I
B.A.C. of .04 but not more than .06 (.2 to .4 if under 21) eff 11/01/03
Penalties found at 1193.1(d)(2) & 2(b)(5)

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation of
1192.1,2, 3, 4 or 4-a
Misd.
$500$1,5001 year or bothshall be revokedmay be revoked1 year
1193.2(b)(4)

2nd CMV
violation within 10 years
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revoked1 year
1193.2(b)(3)

3rd CMV
violation within 10 years
D Felony

$2,000$10,0007 years or bothshall be revokedmay be revoked 1 year
1193.2(b)(3)

No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 

CHART CC Page 117

21 Dec

CHART CC
Commercial Motor Vehicles
Section 1192.6: per se Level II
B.A.C. of more than .06 but less than .08 eff 7/01/03
Penalties found at 1193.1(d)(2 & 4)

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation
Misd.
$500$1,500180 days or bothshall be revokedmay be revoked1 year
3 years if HAZMAT
see 1193.2(b)(5)

1192.6 with prior
1192.1,2, 2-a, 3, 4,
4-a or 6 conviction
within 5 years.
Misd.
$500$1,5001 year or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable
after 10 yrs
1193.2(e)(3)b

1192.6 with 2 or
more prior convictions
of 1192.1, 2 ,2-a,
3, 4, 4-a or 6 within
5 years, any one of
which was a Misd.
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable
after 10 yrs
1193.2(e)(3)b

1192.6 with 3 or
more prior convictions
of 1192.1, 2 ,2-a,
3, 4, 4-a or 6 within
5 years, any one of
which was a Misd.
D Felony
$2,000$10,0007 years or bothshall be revokedmay be revokedPerm. disqual.
Non Waivable
1193.2(e)(3)c



No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 
Comments Off on CHART CC Page 117

Posted in Charts, CMV with Flow Charts

 

CHART DD Page 118

21 Dec

CHART DD
Operator under 21 years. Consumed Alcohol
Section 1192-a
B.A.C. of more than .02 but less than .07
Penalties found at 1193.2(a)(2) & (b)(7)

No person under the age of 21 shall operate a motor vehicle after having consumed alcohol.
 
Any person who operates a motor vehicle in violation of 1192-a and is not charged with any 1192 violation,
shall be referred to the department for action in accordance with 1194-a.

This section shall not apply to a person operating a Commercial Motor Vehicle.

Not withstanding any provision of law to the contrary... a violation of this section is
not a judgment of conviction for a crime or any other offense

VIOLATIONCIVIL PENALTYMax ImprisonmentLicenseRegistrationTime

1st violation
of 1192-a
$125
see 1194-a.2
N/Ashall be suspendedmay be suspended6 months
1193.2(a)(2)

1192-a with a prior
offense or finding
$125
see 1194-a.2
N/Ashall be revokedmay be revoked1 year
or until age 21,
whichever is greater
1193.2(b)(7)

 

CHART EE Page 119

21 Dec

CHART EE
Chemical Test Refusal
Section 1194. Penalties found at 1194.2(d)(1 & 2) & 1194-a.2

VIOLATIONCIVIL PENALTIESLICENSE SHALL BE REVOKED

1st refusal$500 eff 11/1/06minimum 1year eff 11/1/06

2nd or subsequent refusal within
5 years, or refusal with a previous
1192 or 1192-a violation within 5 years
$750minimum 18 months eff 11/1/06

See 1194.2(d)1b regarding drivers under 21 years

1st refusal / under 21$125 (see 1194-a.2)minimum 1 year


Refusal with a prior finding,
conviction or Y.O. adjudication...
$1251 year
or until reaches 21 years

Chemical Test Refusal, When driving a Commercial Motor Vehicles

1st refusal$550 eff 11/1/0618 months / 3 years for HAZMAT

2nd or subsequent refusal within 5 years,
or a refusal with a previous conviction of
any of the following:

1) Any 1192 conviction
2) 600.2
3) 510-a.1(a)
$750Perm. Disqual. of CDL
Waivable after 10 years
1194.2(d)(1)c

3rd refusal or conviction of any 1192 offense requiring a permanent CDL revocation, such revocation MAY NOT be
waived. 1194.2(d)(1)d

No new drivers license or permit shall be issued...unless such civil has been paid. 1194.2(d)(2)

 

CHART CMV Page 126

21 Dec

CHART CMV
Commercial Vehicle Safety Violations
Penalties found at Section 140.2(c) of the
Transportation Law & 17 NYCRR 820.11
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

VIOLATIONMin FineMax FineMax Imprisonment
Commercial Vehicle Safety Violations
140.2(c)(iii)(a) & 17 NYCRR 820.11(e)
All commercial vehicle safety violations except Out-of-Service violations.
Dismissable if corrected not later than 1/2 hour after sunset of the
first full business day after issuance of the summons & proof of
correction is submitted. If a farm plated vehicle, then 3 full business days
are allowed....see 140(2)(c)(iv)(a).
Traffic Infraction
1st conviction $150$500

2nd or subsequent conviction within 18 months $500$1,00030 days or both

140.2(c)(iii)(b) & 17 NYCRR 820.11(c).
Violation of any of the safety rules or regs.
involving an Out-of Service defect relating to brake systems, steering components, and /
or coupling. Out-of-Service defects are not dismissable, see 140(2)(c)(iv)(a).
1st conviction for brake systems, steering components & or coupling.$350$1,000

1st conviction for load securement. $500$1,200

2nd or subsequent conviction within 18 months $1,000$2,50060 days or both
FARM PLATED VEHICLES

140.2(c)(iii)(b) & 17 NYCRR 820.11(f)
Violation involving an Out-Of-Service defect relating to, brakes,
steering components and / or coupling. If the violation is corrected not later than
1/2 hour after sunset on the 3rd full business day,... then the fines are as follows:
Traffic Infraction

1st violation involving any Out-of-Service defect involving brakes systems
$150

1st violation involving any Out-of-Service steering component or coupling device$100

All farm load securement violations$250

1st violation any other Out Of Service defect $50

Commercial Vehicle Safety Violations
Both Farm and CMV
140.2(c)(v)(a) 17 NYCRR 820.11(i)
Traffic Infraction (eff. 6/2009)
1st violation $2,500$4,00090 days or both

2nd or subsequent conviction within 18 months $5,000$6,000180 days or both

140.2(c)(v)(b) Permitting Operating an Out-of-Service Vehicle$2,750 $25,000

140.2(c)(v)(c) Operating or permitting operation of a CMV in violation
of VTL 1171, Failure to stop at RR crossing or 1176, Obstructing
Highway-RR grade crossing (eff 6/2009)
none stated$25,000

140.2(c)(vi) Failure to appear for an appearance ticket. If a person does not appear for an appearance
ticket... or pay any fine, then the Commissioner of Motor Vehicles shall have the power to suspend the
registration or privilege of operation...

140.2(c)(vii) Permitting to operate without a CDL, proper class CDL, without the proper endorsements, or while suspended, revoked, ... $200$1,000
 

CHART HAZMAT Page 127

21 Dec

CHART HAZMAT
Hazardous Material Violations
Penalties found at
Section 14-f of the Transportation Law & 17 NYCRR 820.11
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

VIOLATIONMin FineMax FineMax Imprisonment

Commercial Vehicle Hazardous Material Violations

14-f.4(a) & 17 NYCRR 820.11(h)
All violations except Out-of-Service violations. Dismissable if
corrected not later than 1/2 hour after sunset of the first full business
day after issuance of the summons & proof is submitted...see 14-f.4(e)(i)
Traffic Infraction

1st conviction $350$1,000none listed

2nd or subsequent conviction within 18 months $1,000$2,50090 days or both

14-f.4(b) & 17 NYCRR 820.11(g)
Violation of any of the rules or regs. involving an Out-of Service defect
relating to brake systems, steering components or coupling. Out-of-Service defects are not dismissable,
see 14-f.4(a)(e)(i)
Misd.
1st conviction $500$1,50060 days or both

2nd or subsequent conviction within 18 months $1,500$2,50090 days or both

14-f.4(c) & 17 NYCRR 820.11(j)
Operating an Out-of-Service Vehicle.
Not dismissable, see 14-f.4(a)(e)(i)
1st conviction
Misd.
$2,500$5,0001 year or both

2nd or subsequent conviction within 18 months
E Felony
$3,500no max. listed4 years or both

14-f.4(d) Failure to appear for an appearance ticket. If a person does not appear for an appearance
ticket... or pay any fine, then the Commissioner of Motor Vehicle shall have the power to suspend the
registration or privilege of operation...