N.Y. Vehicle & Traffic Law § 393: Measurement and weight of vehicles; responsibility for damages

§ 393. Measurement and weight of vehicles; responsibility for damages.

Any peace officer in this state, acting pursuant to his special duties,

police officer or employee of the department of transportation, having

reason to believe that any vehicle registered under the provisions of

subdivision seven or eight of section four hundred one or described in

section three hundred eighty-five of this chapter or the load thereon is

unlawful is authorized to stop, measure and weigh the same on any public

highway by means of portable or stationary measures and scales. Any

peace officer in this state, acting pursuant to his special duties, or

police officer may require that such vehicle shall be driven to the

nearest scales in the event such scales are within three miles, and if

he finds that such vehicle is loaded in violation of the provisions of

said subdivision seven or eight of section four hundred one or section

three hundred eighty-five, he shall cause the excess load to be removed

from such vehicle; and all material or goods so removed shall be removed

and cared for by the owner or operator of such vehicle at the risk of

such owner or operator of such vehicle; provided further that the owner

and operator of any vehicle unlawfully operated or moved on any highway,

or over any bridge or culvert in any highway, and the carrier in the

conduct of whose business such vehicle is being operated at the time of

violation, if such vehicle is then being operated in the conduct of

business of a motor carrier, shall be jointly and severally responsible

for all damages to such highway, bridge or culvert, as the result of the

movement thereover of any vehicle, the weight or size of which violates

any of the provisions of said section three hundred eighty-five. The

department of transportation, in the case of highways, bridges or

culverts under its jurisdiction, and the authority having jurisdiction

thereover, in the case of highways, bridges or culverts situated within

municipalities, may bring such civil action or actions against the owner

and operator of the vehicle or the motor carrier as may be necessary to

recover the damages sustained; and all funds recovered by the department

of transportation in behalf of the state shall be paid to the state

treasurer to the credit of the fund available for the maintenance and

repair of state highways, and funds recovered in behalf of a

municipality shall be applied in improving the highways, bridges and

culverts in such municipality.