[Added 6-21-2018 by L.L.
No. 2-2018]
The Board of Trustees hereby adopts the New York State Department
of Transportation Regulations 17 NYCRR 820.0 et seq. (DOT Regulations)
and the Federal Motor Carrier Regulations (CFR) necessary for the
enforcement of the following article with respect to drivers and trucking
and commercial vehicles with the same force and effect as though herein
fully set forth at length. To the extent the DOT Regulations or CFR
are amended in the future, this article shall hereby be amended to
conform to same.
The following is a list of trucking and commercial vehicle violations
which may be issued by a Malverne police officer or code enforcement
officer based upon observation and inspection of a particular truck
or commercial vehicle. The subject areas are divided into:
A.
Operating a commercial vehicle or truck with an inspection sticker
which is torn, damaged, or illegible.
B.
Operating a commercial vehicle or truck which has not been properly
inspected.
C.
Operating a commercial vehicle or truck without properly inspecting
its emergency equipment.
D.
Operating a commercial vehicle or truck while failing to utilize
emergency equipment properly.
E.
Operating a commercial vehicle or truck while failing to properly
utilize four-way flashers and road reflectors.
F.
Operating a commercial vehicle or truck while failing to utilize
required equipment.
G.
Operating a commercial vehicle or truck while failing to provide
proper access to emergency equipment.
H.
It is prohibited to operate a commercial vehicle or truck in such
a condition as to likely cause an accident or a breakdown of the vehicle.
I.
Operating an out-of-service commercial vehicle or truck.
J.
Operating a commercial vehicle or truck with an unauthorized passenger.
K.
Operating a commercial vehicle or truck unsafely in hazardous conditions.
L.
Operating a commercial vehicle or truck by an ill or fatigued driver.
M.
Operating a commercial vehicle or truck by a driver who is impaired
by either the consumption of alcohol or under the influence of drugs.
N.
The failure of the driver of a commercial vehicle or truck to be
wearing a seat belt while operating the vehicle or truck.
O.
A driver of a vehicle who is smoking within 25 feet of a commercial
vehicle or truck containing hazardous materials.
A.
Operating a commercial vehicle or truck with body ply or belt material
exposed through the tread or sidewall.
B.
Operating a commercial vehicle or truck with all front tires which
do not have a tread depth of at least 4/32 inch.
C.
Operating a commercial vehicle or truck with tires other than front
tires which do not have a tread depth or at least 2/32 of an inch.
D.
Operating a commercial vehicle or truck with a flat tire or audible
leak.
E.
Operating a commercial vehicle or truck with parts and accessories
which are not in safe and proper operating conditions including an
underinflated tire.
F.
Operating a commercial vehicle or truck with cracked rims or wheels
or with nuts or bolts missing or loose.
A.
Operating a commercial vehicle or truck which does not have properly
secured cargo or has cargo which is not properly distributed.
B.
Operating a commercial vehicle or truck with loose dunnage.
C.
Operating a commercial vehicle or truck without the tailgate, tailboard,
doors, tarpaulins, spare tire, and other equipment used in its operation,
and the means of fastening the vehicle's cargo being secured.
D.
Operating a commercial vehicle or truck with tie downs that are either
torn or defective.
E.
Operating a commercial vehicle or truck without safety chains crossed
and attached to the vehicle near the points of bumper attachments
to the chassis of the vehicle.
F.
Operating a commercial vehicle or truck without workable coupling
devices and towing methods when two are more vehicles are operated
in combination.
G.
Operating a commercial vehicle or truck when its cargo or equipment
is not secured to prevent the cargo from leaking, spilling, blowing,
or falling, or the cargo is not immobilized or secured to prevent
shifting upon or within the vehicle to such an extent that the vehicle's
stability or maneuverability is adversely affected.
H.
Operating a commercial vehicle or truck with a hazardous material
such as an open container of gasoline (uncapped) or other container
unless it is properly classed, described, packaged, marked, labeled,
and in condition for shipment.
I.
Operating a commercial vehicle or truck without properly operating
brakes acting on all wheels.
J.
Operating a commercial vehicle or trunk without a properly operating
trailer breakaway device.
K.
Operating a commercial vehicle or truck with a leaking, damaged,
chaffed, or kinked brake hose.
L.
Operating a commercial vehicle or truck with brake components which
are not constructed, installed, and maintained to prevent excessive
fading and grabbing, or the means of attachment and physical characteristics
of such brake components do not provide for safe and reliable stopping
of the vehicle.
M.
Operating a commercial vehicle or truck with brakes that are not
capable of operating.
N.
Operating a commercial vehicle or truck equipped with air brakes
without automatic and manual means of operation.
A.
Operating a commercial vehicle or truck without a properly working
brake warning device or ABS light which provides a warning to the
driver when a failure occurs in the vehicle's service brake system.
B.
Operating a commercial vehicle or truck without required lamps or
reflective devices.
C.
Operating a commercial vehicle or truck with lamps other than head
lamps which are not securely mounted or within specifications.
D.
Operating a commercial vehicle or truck with lamps other than head
lamps which do not meet the visibility standards of the CFR.
A.
Operating a commercial vehicle or truck with an uncovered battery.
B.
Operating a commercial vehicle or truck with a fire extinguisher
that does not comply with rating requirements for the contents of
the extinguisher.
C.
Operating a commercial vehicle or truck without the proper markings
of the name, address, identification number of the company or proprietorship,
or other required markings on the doors of the vehicle.
D.
Operating a commercial vehicle or truck without required seat belt
assembly(ies).
E.
Operating a commercial vehicle or truck without all seats being securely
mounted in the vehicle.
F.
Operating a commercial vehicle or truck with a fractured, defective,
obstructed, or otherwise damaged windshield.
G.
Operating a commercial vehicle or truck without a properly working
defroster or defogger.
H.
Operating a commercial vehicle or truck with unnecessary holes or
openings.
I.
Operating a commercial vehicle or truck with pushout windows, emergency
doors, or emergency door markings which are not properly inspected,
repaired, or maintained.
J.
Operating a commercial vehicle or truck with a cracked, loose, sagging,
or broken frame.
K.
Operating a commercial vehicle or truck with cab doors or door parts
which are missing or broken.
L.
Operating a commercial vehicle or truck with a hood that is not securely
fastened.
M.
Operating a commercial vehicle or truck with a front bumper that
is missing, loosely attached, or protruding beyond the confines of
the vehicle so as to create a hazard.
N.
Operating a commercial vehicle or truck without a rear impact guard
(bumper) or rear impact protection device in working order.
O.
Operating a commercial vehicle or truck without rear vision mirrors.
P.
Operating a commercial vehicle or truck with a tailgate, tailboard,
doors, tarpaulins, spare tire, other equipment used in its operations
and the means of fastening such vehicle's cargo which are not
secured.
Q.
Operating a commercial vehicle or truck without a securely mounted
fuel tank.
R.
Operating a commercial vehicle or truck without a securely fastened
fuel tank cap.
S.
Operating a commercial vehicle or truck without a properly secured
trailer hitch or coupling device.
T.
Operating a commercial vehicle or truck without safe and operating
rubber covers on the gas, brake, and clutch pedals.
U.
Operating a commercial vehicle or truck with an oil or grease leak.
Any person, partnership, corporation or other entity which violates a provision of Article XV shall be fined not less than $50 nor more than $500 for each violation. A summons issued for a violation of this article by a police officer or code enforcement officer shall be returnable in the Malverne Village Court.
If any clause, sentence, paragraph, section or part of this Article XV be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof but shall be applied in its operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such judgment shall have been rendered.
