People v. Delta Carting Corp.
| Decision Date | 21 July 1987 |
| Citation | 518 N.Y.S.2d 572,136 Misc.2d 268 |
| Parties | PEOPLE of the State of New York, v. DELTA CARTING CORP., Defendant. |
| Court | New York Traffic Court |
Denis Dillon, Dist. Atty., Timothy McNamara, Asst. Dist. Atty., for the people.
David B. Grossman, South Huntington, for defendant.
The defendant was charged with operating an auto ca -dump truck, commonly known as a garbage truck, where the weight on the rear axles was greater than 36,000 pounds to wit: 62,000 lbs., in violation of VTL Section 385(9). After the People's case, the defendant moved to dismiss due to the failure of the People to prove a prima facie case as to each element of the crime. Specifically, the defendant argued and one of the People's witnesses agreed that the police did not check to see if the truck was "loaded" when it was stopped and weighed. The court denied the motion and allowed the defendant to renew his motion upon submission of a Memorandum of Law at the end of the entire case. Both sides have submitted and the court will now address that issue.
VTL § 385(9) states:
The referred to exception deals with axles greater than eight feet but less than ten feet apart, and provides that the permitted weight on the axles shall not exceed that allowed by 385(10)(b). When we refer to 10(b) we see the same phrase, "when loaded" used in line "2" of subdivision 10. As we proceed first to subdivision "a" the words "total weight" appear and then in subdivision "b" "overall gross weight" is the verbiage used preceding the formula to determine maximum weight. It is apparent to the court that if the exception states that the weight of a vehicle "when loaded" is to refer to gross weight then the main section VTL § 385(9), also refers to gross weight. Assuming that it does, how does it effect the defendant's challenge to the proof of the elements?
Gross weight is defined by VTL § 117 as the weight of any vehicle without load plus the weight of any load thereon. Thus the People need only prove beyond a reasonable doubt, that the gross weight on the two axles in question exceeded thirty-six thousand pounds which would be the weight of the vehicle plus any load, if there is a load. The court finds, therefore, that VTL § 385(9) applies to vehicles loaded or unloaded which exceed 36,000 pounds. The People are only required to prove, therefore, that the weight on the axles exceeds 36,000 lbs. whether the truck was loaded or unloaded. Once they have proven the weight exceeds 36,000 lbs. it is irrelevant whether it is loaded or not. People v. Hayes, 60 Misc.2d 208, 302 N.Y.S.2d 484 (Dist.Ct.Nassau County 1969). To find otherwise would be ludicrous.
The legislative intent of our statutes affecting overweight vehicles has been to protect our roads. (Governor's Special Committee on Vehicle Weights and Dimensions, Jan. 10, 1969). A perfect example of this is VTL § 385(9) and (10). In nine you are allowed a certain amount of weight on the axles when they are less than eight feet apart. When they are further apart and the weight can be better distributed with less direct pressure on the road, then greater weight is allowed. It should not matter, therefore, if the truck is loaded or unloaded (Section VTL 385(23); 55 Op.Atty.Gen. 217).
In the United States v. Goble and Schmidt (companion cases) 44 F.2d 224 (S.D.N.Y.1930) cited by defendant, the truck...
To continue reading
Request your trial
-
R & D Equipment Leasing Co. Inc. v. Adduci
...determination (see, Matter of Solomon Oliver Contr. Corp. v. Adduci, 201 A.D.2d 979, 607 N.Y.S.2d 836; cf., People v. Delta Carting Corp., 136 Misc.2d 268, 271, 518 N.Y.S.2d 572). Those of petitioner's other arguments that were raised at the administrative level and, hence, are properly bef......
-
Casalino Interior Demolition Corp. v. State Dept. of Motor Vehicle Traffic Violations Bureau Appeals Bd.
...Vehicle and Traffic Law (see, Matter of R & D Equip. Leasing Co. v. Adduci, 220 A.D.2d 900, 632 N.Y.S.2d 332; People v. Delta Carting Corp., 136 Misc.2d 268, 518 N.Y.S.2d 572). In addition, there is substantial evidence upon the whole record that the petitioner violated Vehicle and Traffic ......
-
MATTER OF CASALINO INTERIOR DEMOLITION CORP. v. STATE OF NEW YORK DEPARTMENT OF MOTOR VEHICLE TRAFFIC VIOLATIONS BUREAU APPEALS BOARD
...was overweight in violation of the Vehicle and Traffic Law (see, Matter of R&D Equip. Leasing Co. v Adduci, 220 AD2d 900; People v Delta Carting Corp., 136 Misc 2d 268). In addition, there is substantial evidence upon the whole record that the petitioner violated Vehicle and Traffic Law § 3......