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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
 

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