December 9, 2008

Out-of State Traffic Ticket Convictions May Come Home With You

A New York Traffic Law Attorney who is representing an out-of-state licensee needs to be aware of their client’s home state point system. A New Jersey licensee will have two points placed on their New Jersey driving record for any out-of-state traffic ticket resulting in a moving violation conviction. A Florida licensee who is convicted of an out-of-state moving violation will have points placed on their Florida Driving record if the ticket is a point assessable violation according to Florida statute 322.27(3). An Alaska licensee convicted of an out-of –state moving violation will have points entered on their driving record as if the conviction occurred in Alaska. For example, an Alaska Licensee who is convicted of traveling 20 MPH over the speed limit in New York will have four points entered on their New York driving record and six points entered on their Alaska driving record. A Vermont licensee will not have any points placed on their Vermont driving record for any out-of-state traffic ticket conviction but a code is entered on their record indicating that they were convicted of a specific moving violation. For example, code “S93” means speeding and code “S99” means speeding in school zone. The codes are presumably for the benefit of insurance companies who set insurance premiums based in part on an insured’s driving history. If you would like to know what effect an out-of-state traffic ticket conviction would have on your driving record, you should review your state’s points system and/or contact your state’s department of motor vehicle.

November 25, 2008

New York Is Stepping Up Emission Inspections of Heavy Duty Vehicles

Governor David A. Paterson announced today that the state will be stepping up emission inspections of heavy duty vehicles in urban areas throughout the state using roadside programs. Any heavy- duty vehicle exceeding emission levels when tested will be subject to a fine of $700 for a first violation and $1,300 for any subsequent violation. The fines are reduced to $150 for the first violation and $500 for any subsequent violation if the problem is corrected within 30 days of receipt of the ticket.

November 20, 2008

New Final Rule For Truck Drivers Across the Nation

The Federal Motor Carrier Safety Administration has issued a new final rule for truck drivers across the nation. The highlights of the new rule include:

• A truck driver cannot drive more than eleven hours each day;
• A truck driver cannot work more than fourteen hours each day;
• A truck driver needs to get no less than ten hours of rest between shifts;
• A truck driver cannot operate a truck if he or she has worked more than sixty hours during the week;
• A truck driver who rests at least thirty -four hours can reset his or her weekly work schedule.

The new final rule was issued November 18, 2008. A copy of the new final rule can be found at: http://www.federalregister.gov./OFRUpload/OFRData/2008-27437_PI.pdf