Every vehicle registered in New York State is inspected for safety as part of a program to ensure that it is safe for operation on public roads and highways.
A well-kept vehicle saves its owner money, is safer, performs better, and burns fuel more effectively.
Car owners can personally perform safety checks in between yearly inspections. They can also adhere to the manufacturer's recommended schedule for routine vehicle maintenance.
This article will explore these codes to clarify what they say about brakes and the legal limits for brake pads in New York.
Safety Codes in New York on Brakes and Brake Pads
Several drivers overlook that a car must be safe to run and for other drivers to operate around. Brakes are vital to this requirement.
According to New York law, the brakes of a safe car should bring it to a stop when they are engaged. This means they must follow the points below:
The car should not have a leak or damaged hoses. A defective master cylinder or air in the lines will cause a brake to fail if the pedal is applied suddenly.
It should not have a defective or rusted brake caliper.
The wear sensor should not be engaged, and the brake pads must not be damaged or worn down to the metal if the car has disc brakes.
There can be no mechanical damage or cracks in the rotors or drums.
Cables for parking brakes cannot become brittle, frozen, or frayed. The parking brake must keep the car in place when the engine is in gear and moving at a slightly accelerated pace.
Are Bad Brakes Intentional or Accidental
Having defective brakes in New York is a misdemeanor. Even though some people believe that traffic tickets are nothing to worry about, violating this New York law can result in a permanent criminal record.
Drivers and vehicle owners should contact an experienced auto accident lawyer in Long Island immediately if they are charged with operating a vehicle with bad brakes.
This offers the defendant the best chance possible.
According to New York Penal Legislation 15.15, unless otherwise stated, every law that establishes a crime should be considered to require criminal intent.
The legislation implies that criminal intent is not crucial to being found guilty of a faulty brake violation. This is because neither Vehicle and Traffic Law 375(1) nor Vehicle and Traffic Law 375(32) specify that intent is required.
New York courts use the public's need for highway safety to justify several presumptions; nevertheless, the legislature did not make such a provision.
In New York, automobiles must undergo routine inspections, and the general public relies on the results of these inspections to ensure the safety of their vehicles.
Inspections are performed by licensed automotive specialists. As a result, prosecutors must demonstrate that the accused must know—or, with due care, should know—that their brakes are malfunctioning.
The New York state legislation initially required that equipment infractions be dropped if the defendant could show the court that they fixed the problem as soon as possible.
The evidence that the issue has been fixed had to meet any of the conditions below:
It should be produced by a recognized inspection facility.
The evidence must come from a registered repair facility for automobiles.
It must be based on a statement that bears the signature of a police officer.
Lawmakers altered the law to make it simpler to invoke the statutory defense, except for cases involving defective brakes, to encourage individuals to maintain their cars.
Other equipment breaches may be dismissed under Vehicle and Traffic Law 376-a(5a) if there is evidence that the necessary repair was bought. Defective brakes were not included in this change. This demonstrates the state's policy of enforcing the equipment regulations banning subpar brakes.
The consequences of four points and a misdemeanor criminal charge make it necessary to retain legal counsel to make the best case possible to enhance the outcome.
For legal guidance regarding New York laws such as driving without insurance and dog bite laws, contact a specialized attorney.
Contact Us
Contact an experienced lawyer to help you handle such vehicle regulation issues when they pop up. The Law Office of Carl Maltese has been representing the good people of New York for years. We know how to ensure that road violations don’t mess up your records.
Call us at (631) 857-3703 to schedule a free consultation.