People v. Hesselink
| Decision Date | 06 December 1973 |
| Citation | 351 N.Y.S.2d 270,76 Misc.2d 418 |
| Parties | PEOPLE of the State of New York, Plaintiff, v. David J. HESSELINK, Defendant. |
| Court | New York Town Court |
The defendant was arrested on May 7, 1973, at 10:10 P.M. for having affixed to the roof of his car, on a metal bar, unauthorized lights.
The fact that the defendant had attached to his vehicle a bar with two amber lights, capable of rotating, is undisputed. The defendant contends that because he is a member of Henrietta Civil Defense, he is, therefore, authorized to have affixed such lights.
The defendant was arrested under Sec. 375, subd. 41 of the Vehicle and Traffic Law, which indicates:
'No light, other than a white light . . . shall be affixed to, or displayed on any vehicle except as prescribed herein.'
The Section further defines amber lights in Subdivision 41, par. 3, stating that amber lights may be affixed to a hazard vehicle. A hazard vehicle is described in Sec. 117--a of the Vehicle and Traffic Law as follows:
'Every vehicle owned and operated by a utility, whether public or private, used in the construction, maintenance and repair of its facilities, every vehicle specially equipped or designed for the towing or pushing of disabled vehicles, and every vehicle engaged in highway maintenance, or in ice and snow removal where such operation involves the use of a public highway.'
The only other use of an amber light upon a vehicle other than a hazard vehicle, as defined, is on a vehicle that is disabled. Such a light should be only temporarily affixed and must be on the Disabled vehicle as a warning to other motorists.
Although the use of a red light and certain white lights in a revolving, rotating, flashing or oscillating manner is not the specific issue in this case, it should be noted that the use of such a light is restricted to only an authorized emergency vehicle. (Sec. 375, subd 41, par. 2, Vehicle and Traffic Law). An authorized emergency vehicle is defined in Sec. 101 of the Vehicle and Traffic Law as:
'Every ambulance, police vehicle, fire vehicle and civil defense emergency vehicle.'
One must further define a civil defense emergency vehicle, through Sec. 106--a of the Vehicle and Traffic Law, as
'Every communications vehicle and rescue vehicle owned by the state, a county, town, city or village...
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People v. Page
...to display such emergency lights from his or her private vehicle (see Vehicle and Traffic Law § 375[41] ; People v. Hesselink, 76 Misc.2d 418, 418–419, 351 N.Y.S.2d 270 [Town of Brighton Just. Ct. 1973] ). Moreover, a private person may not falsely express by words or actions that he or she......
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Nicosia v. Shultis
...flashing light or siren when he uses it to respond to emergencies as a member of the East Fishkill Rescue Squad (see, People v. Hesselink, 76 Misc.2d 418, 351 N.Y.S.2d 270). The plaintiff has also failed to sustain his argument that the defendants were preempted from promulgating a regulati......
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People v. Page
...not authorized to display such emergency lights from his or her private vehicle (see Vehicle and Traffic Law § 375 [41]; People v Hesselink, 76 Misc 2d 418, 418-419 [Town of Brighton Just Ct 1973]). Moreover, a private person may not falsely express by words or actions that he or she is act......