The New York State Department of Transportation (NYSDOT), as well as the New York State Police, are both responsible for conducting roadside inspections for commercial vehicles. These inspections are not only done to help reduce crashes, but also to “remove unsafe trucks, unsafe loads, and unqualified drivers from the highways.” When the NYSDOT or the New State Police select a vehicle to inspect, drivers are expected to follow the instructions that are given until the inspection has been completed.

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Trucks that are found to be in violation of one or more traffic rules could be placed out-of-service until the necessary repairs are made.

At the conclusion of a commercial vehicle inspection, the inspector will explain any defects that were found and provide the operator with a copy of the safety inspection report. In the event a defect is found, you can expect one or more of the following to occur:

 

  1. The vehicle may be placed out-of-service if serious defects are discovered. When this happens, the vehicle is not to be driven until the necessary repairs are made. If a vehicle is utilized before the repairs are made, a penalty of $1,000 or $5,000 may be assessed. These penalties are expected to help deter drivers and trucking companies from utilizing unsafe vehicles.

 

  1. If a violation is found but it does not result in the vehicle being placed out-of-service, the repairs must be made prior to the vehicle being used again. The agency who issued the violation will give a 15-day time limit to complete the necessary repairs and return the Driver-Vehicle Explanation Report that certifies the repairs have been made.

 

  1. If a driver is found to be in violation of the hours of service rules, he or she may be placed out-of-service and assessed a penalty. An example of when a driver would be in violation of the hours of service rules is if he or she has been operating their vehicle for a period that exceeds what state and federal regulation allows. The hours of service rules are designed to help prevent drowsy driving which is one of the main factors that contributes to truck crashes.

 

  1. The inspector may add on penalties of up to $500 for each hazardous materials violation.

 

  1. Depending on the type of violation, the inspector may issue a Uniform Traffic Citation.

 

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If you think you have a case against a trucker or trucking company, contact the lawyers at Isseks and Smith to discuss your matter in depth.

The State of NY strives to keep unsafe and unqualified drivers off the road as well as prevent any defective or hazardous vehicles from being operated. Unfortunately, some companies fail to abide by state laws and regulations and all too often are these the vehicles that are involved in a collision. If you were involved in a truck accident in Middletown, NY that was caused by a negligent driver or a vehicle that was in violation of one or more laws, you need to speak with a Middletown, NY truck accident lawyer.

After speaking with an attorney, you might find that you have viable grounds to sue the trucker and even the company he or she works for and obtain compensation for the various damages you may have suffered. If you would like to discuss your incident with an attorney, the legal experts at Isseks and Smith are available to speak with you now.

 

Isseks and Smith is located at:

 

6 North Street

Middletown, NY 10940

Phone: 845-344-4322

Website: www.isseksandsmith.com