N.Y. Comp. Codes R. & Regs. tit. 17 § 820.10

Current through Register Vol. 46, No. 50, December 11, 2024

Section 820.10 - Penalties and remedies

(a) Any person who operates, or any corporation, company, association, joint stock association, partnership, person or any officer or agent thereof, who shall require or permit any person to operate, a motor vehicle in violation of the department's safety rules and regulations, shall be guilty of a traffic infraction and all of the provisions of the Vehicle and Traffic Law, except as otherwise specifically provided herein, shall be applicable thereto.

(b) Any person violating the provisions of section 820.6 of this Part as it pertains to hours of service of drivers or failing to keep or falsifying any records to be kept in compliance therewith, or any corporation, company, association, joint-stock association, partnership, person or any officer or agent thereof, who shall require or permit any person to violate the provisions of this section or to falsify any record to be kept in compliance therewith shall be guilty of a misdemeanor and punishable by a fine of $200, or by imprisonment not exceeding six months, or both.

(c) Any person, corporation, company, association, joint stock association, partnership, person or any officer or agent thereof, found guilty of violating any of the department's safety rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, except with regards to farm plate vehicles, as defined in section 820.1 of this Part, and except for the transportation of hazardous materials, shall be subject to a fine of:

(1) not less than $350 nor more than $1,000 for the first offense; and

(2) not less than $1,000 nor more than $2,500, or by imprisonment for not more than 60 days or by both such fine and imprisonment upon being found guilty of a second or subsequent offense committed within eighteen months.

(d) Any person, corporation, company, association, joint stock association, partnership, person or any officer or agent thereof, found guilty of violating any of the department's safety rules or regulations involving an out-of-service defect relating to load securement, except with regards to farm plate vehicles, as defined in section 820.1 of this Part, and except for the transportation of hazardous materials, shall be subject to a fine of:

(1) not less than $500 nor more than $1,200 for the first offense; and

(e) Any person, corporation, company, association, joint stock association, partnership, person or any officer or agent thereof, found guilty of violating any of the department's safety rules or regulations involving a defect other than an out-of-service defect relating to brake systems, steering components, coupling devices, and/or load securement, and except with regards to farm plate vehicles, as defined in section 820.1 of this Part, and except for the transportation of hazardous materials, shall be subject to a fine of:

(1) not less than $150 nor more than $500 for the first offense; and

(2) not less than $500 nor more than $1,000, or by imprisonment for not more than 30 days or by both such fine and imprisonment upon being found guilty of a second or subsequent offense committed within 18 months.

(f) Any person operating a farm plate vehicle, as defined in section 820.1 of this Part, except for the transportation hazardous materials and if the violation as set forth in the summons is corrected not later than one-half hour after sunset on the third full business day after the issuance of the summons and proof of such correction as set forth in subdivision (n) of this section is submitted to the court, the penalty for a first violation shall be a fine of:

(1) $150 for an out-of-service defect involving brake systems; steering components; and/or coupling devices;

(2) $250 for an out-of-service defect relating to load securement; and

(3) $50 for a first violation involving any other out-of-service defect.

(g) Any person, corporation, company, association, joint stock association, partnership, person or any officer or agent thereof, transporting hazardous materials found guilty of violating any of the department's safety rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, shall be subject to a fine of:

(1) not less than $500 nor more than $1,500, or by imprisonment for not more than 60 days or by both such fine and imprisonment for the first offense; and

(2) not less than $1,500 nor more than $2,500, or by imprisonment for not more than 90 days or by both such fine and imprisonment upon being found guilty of a second or subsequent offense committed within 18 months.

(h) Any person, corporation, company, association, joint stock association, partnership, person or any officer or agent thereof, transporting hazardous materials found guilty of violating any of the department's safety rules or regulations involving a defect other than an out-of-service defect relating to brake systems, steering components or coupling devices, shall be subject to a fine of:

(1) not less than $350 nor more than $1,000 for the first offense; and

(2) not less than $1,000 nor more than $2,500, or by imprisonment for not more than 90 days, or by both such fine and imprisonment upon being found guilty of a second or subsequent offense committed within 18 months.

(i) Operation of a motor vehicle after it has been placed out-of-service as provided for in the department's safety rules and regulations and not transporting hazardous materials, shall constitute a misdemeanor and shall be punishable by a fine of:

(1) not less than $1,000 nor more than $2,500, or by imprisonment for not more than 90 days, or by both such fine and imprisonment upon the first offense; and

(2) not less than $2,500 nor more than $5,000 or by imprisonment for not more than 180 days or by both such fine and imprisonment upon being found guilty of a second or subsequent offense within 18 months.

(j) Operation of a motor vehicle after it has been placed out-of-service as provided for in the department's safety rules and regulations and involving the transportation of hazardous materials, shall constitute a misdemeanor and shall be punished by a fine of:

(1) not less than $2,500 nor more than $5,000, or by imprisonment for not more than one year or by both such fine and imprisonment; and

(2) a conviction for a second or subsequent offense committed within 18 months shall constitute a class E felony and shall be punished by a fine of not less than $3,500 or by a period of imprisonment as provided in the Penal Law, or by both such fine and imprisonment.

(k) No person, corporation, limited liability company or business entity, joint stock association, partnership, or any officer or agent thereof, shall knowingly allow, require, permit or authorize any person to operate a commercial motor vehicle during any period in which such person or such commercial motor vehicle has been placed out of service as provided for in the department's safety rules and regulations, shall be subject to a fine of not less than $2,500 and not more than $10,000 for any violation thereof.

(l) Any complaint issued for an equipment violation, except for a violation involving an out-of-service defect relating to load securement, brake systems, steering components and/or coupling devices, and except for the transportation of hazardous materials, and except for a violation involving the operation of any motor vehicle after it has been placed out-of-service, shall be dismissed by the court before such summons is returnable if the violation as set forth in the summons is corrected not later than one-half hour after sunset on the first full business day, or if such complaint involves a farm plate vehicle as defined in section 820.1 of this Part, not later than one-half hour after sunset on the third full business day after the issuance of the summons and proof of such correction as set forth in subdivision (n) of this section is submitted to the court. For the purposes of this section, business day shall mean any calendar day except on, Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.

(m) When transporting hazardous materials, any complaint issued for an equipment violation, except for a violation involving an out-of-service defect or except for a violation involving the operation of any motor vehicle after it has been placed out-of-service, shall be dismissed by the court before such summons is returnable if the violation as set forth in the summons is corrected not later than one-half hour after sunset on the first full business day after the issuance of the summons and proof of such correction as set forth in subdivision (n) of this section is submitted to the court. For the purposes of this section, business day shall mean any calendar day except Sunday, or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.

(n) Acceptable proof of repair or adjustment shall consist of submission to the court on or before the return date of the summons of:

(1) a statement of correction from an officially designated State inspection station duly executed by the person performing or making such inspection and bearing the official stamp of the State inspection station;

(2) a statement of correction from an automobile repair shop on the letterhead of such repair shop duly executed by the person who made the correction; or

(3) a signed statement of any police officer or a department inspector that the necessary corrections have been made.

The statement required by this subdivision shall be directed to the court having jurisdiction of the alleged violation, shall be affirmed as true under penalty of perjury, and shall include the name, occupation and position of the person making the statement, the time and date that the repairs or inspection were made and a statement that the defective equipment, cited in the violation, on the vehicle in question, is in proper working order.

(o) Repealed

N.Y. Comp. Codes R. & Regs. Tit. 17 § 820.10

Adopted New York State Register June 24, 2015/Volume XXXVII, Issue 25, eff. 7/1/2015

Amended New York State Register December 21, 2022/Volume XLIV, Issue 51, eff. 12/21/2022