Equipment Violations

Background

Vehicles, particularly trucks used in commerce, are heavily regulated.  These regulations are put in place to ensure trucks on the road are safe and not detrimental to the environment.  The standards are set by the Federal Government with the State and Local governments adding their own guidelines and enforcing the regulations through active policing.  Enforcement varies from locality to locality but typically involves checkpoints at river crossings, weigh stations or roadside inspections from mobile units.  Inspections involve a thorough check of exhaust emissions, electrical systems, fire prevention, safety equipment and registration compliance.

A Fine Toothed Comb

As the police go through their checklist of items on your truck, you probably think everything is fine and you may end up with 1 or 2 tickets.  Two tickets could easily incur fines of $1,000.  Instead, when the cop gives you your documents back, they’re accompanied by a dozen or so tickets.  “No Battery Cover” “License Plate Bulb” “Mismatched Registration” “Fire Extinguisher Strap” “Missing Triangles”…what?!?!  If there is a violation on your truck, you will receive a summons for it.  You could easily be facing over $10,000 in fines and a dozen misdemeanors for missing $5 pieces of plastic and $0.40 light bulbs.  But wait, there’s more.

Are You operating Your Truck for a Business?

If you are earning a living using your truck for a business entity such as a corporation, LLC or LLP, then you made the right decision.  However, when violations are issued to the business, the business can not show up to court and defend itself, and neither can the owner.  New York and pretty much every other state has laws stating businesses must be represented in court by a licensed attorney.  So on top of the fines you are facing, you must hire an attorney.

Any Good News?

There is some good news.  If you get the violations repaired in a timely manner and have proof of the repairs, then most, if not all of the violations may be dismissed or heavily reduced.  It is important to have the repairs done by a reputable mechanic and to keep and provide all documentation to your attorney.  Finally it is equally important to have an experienced attorney handling your equipment violation case.  Choosing an inexperienced attorney versus an experienced attorney can cost you thousands of dollars in unnecessary fines.  Give us a call to see how we can help save you and your business hard earned money.