The Board of Trustees hereby adopts the New York State Department
of Transportation Regulations 17 NYCRR 820.0 et seq. (DOT Regulations)
and the Federal Motor Carrier Regulations (CFR) necessary for the
enforcement of the following article with respect to drivers and trucking
and commercial vehicles with the same force and effect as though herein
fully set forth at length. To the extent the DOT Regulations or CFR
are amended in the future, this article shall hereby be amended to
conform to same. No portion of this article shall be construed as
authorizing operation of any vehicle in violation of any provision
of the New York State Vehicle and Traffic Law or Transportation Law.
If a vehicle or combination of vehicles is operated in violation
of this article, an appearance ticket or summons may be issued to
the registrant of the vehicle, or in the case of a combination of
vehicles, to the registrant of the hauling vehicle, rather than the
operator.
A. In the event the vehicle is operated by a person other than the registrant,
any appearance ticket or summons issued to the registrant shall be
served upon the operator, who shall be deemed the agent of the registrant
for the purpose of receiving such appearance ticket or summons. Such
operator-agent shall transmit such ticket or summons to the registrant
of the vehicle or hauling vehicle.
B. If the registrant does not appear on the return date, a notice establishing
a new return date accompanied by a copy of the summons or appearance
ticket shall also be mailed by certified mail by the court to the
registrant at the address given on the registration certificate for
the vehicle or, if no registration certificate is produced at the
time the appearance ticket or summons is issued, the address of the
registrant on file with the Department of Motor Vehicles or given
to the police officer issuing the appearance ticket or summons.
C. A failure of a corporate registrant to appear or answer upon arraignment
or trial shall constitute a default which may result in the entry
of a civil judgment in an amount corresponding to the amount of fine
for a violation of this article.
D. The provisions of this subsection shall not apply to owner-operators
of any motor vehicle or to any motor vehicle or trailer which is registered
in the name of a person whose principal business is the lease or rental
of motor vehicles or trailers, unless the motor vehicle or trailer
is being operated by an employee of the registrant or for a community
of interest other than the lease or rental agreement between the parties
to the lease or rental agreement.
E. Whenever proceedings in court result in a conviction for a violation
of this section, and the court has made the mailing specified herein,
the court shall levy a mandatory surcharge, in addition to any sentence
permitted by law, in the amount of $30. This mandatory surcharge shall
be paid to the Clerk of the Court.
In any case wherein the charge before the court alleges a violation
of this section, any plea of guilty thereafter entered in satisfaction
of such charge must include at least a plea of guilty to a violation
of one of the subsections of this article. No other disposition of
plea of guilty to any other charge in satisfaction of such shall be
authorized; provided, however, that if the prosecuting attorney, upon
reviewing the available evidence, determines that the charge of a
violation of this article is not warranted, the prosecuting attorney
may consent, and the court may allow, a disposition by plea of guilty
to that or another charge in satisfaction of such charge; provided,
however, that the court must impose at least the minimum fine, as
authorized in this article, for the offense.
The schedule of fines for excess total weight are hereto attached.
If any clause, sentence, paragraph, section or part of this Article
XVI be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof but shall be applied in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgment shall have been rendered.