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tickets on pallisades... incorrect info?

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MikeBel

Junior Member
Hi i have a valid new york state drivers license and was recently pulled over on the new jersey section of the pallisades parkway. i got 1 ticket for operating a commercial vehicle on the parkway and 1 for suspended registration. there are a few issues..
I was driving a decommisioned yellow mini bus that my company uses as a cargo van... the bus is registered as a non-commercial vehicle ..
the officer said i was pulled over for the following reason .. buses need a special permit to drive on the pallisades parkway.. when he saw me he decided to take a closer look.. i was bringing kitchen cabinets that filled the bus to Monsey ny.. when he saw the bus full of boxes he thought i was using it for commercial so he pulled me over to find out.. turns out it doesnt matter how the plates are registered but what it appears u are doing that matters.. turns out the company's bus' registration was suspended because dmv records said we had no insurance... so here are my questions:

1) is it true that i can't drive a residential bus on a parkway with "commercial" products in it? couldn't i have been coming home from home depot with parts for my own house? should i claim this?
2)turns out the insurance company .. or the dmv.. not sure which. messed up and we had insurance all along.. if the ny dmv admits this, will nj throw out the registration ticket?
3) the officer wrote suspended registration on ticket but by statute he wrote 39:3-40 which i have read and it doesnt talk about driving w/ a suspended regis. but only about sus. license... can i get this off? even the nj website has my ticket listed as driving w suspended license and i clearly wasn't
4) the other ticket for commercial said commercial vehicle statute 32:14-20 which i dont believe says u cant drive a commercial on it..but he wrote also ordinance 412.2A which i could not locate.. please help me with this info
thank you
 


qcxlvr1

Member
The NYS DMV does not record out of state convictions on motorist's licenses. You will not receive any record of anything on your abstract.

Plead not guilty and show up at the court anyway. I know they plea bargain there.
 

Shay-Pari'e

Senior Member
qcxlvr1 said:
The NYS DMV does not record out of state convictions on motorist's licenses. You will not receive any record of anything on your abstract.

Plead not guilty and show up at the court anyway. I know they plea bargain there.


The Nonresident Violator Compact assures nonresident motorists in member states they'll receive the same treatment as resident motorists. When drivers receive traffic citations in member states, they must fulfill the terms of that citation or face the possibility of license suspension in their home state until they meet those terms. Nonresident drivers have due process protection and cannot be detained out of state. Currently, 44 states and the District of Columbia are members of the compact. Alaska, California, Michigan, Montana, Oregon and Wisconsin are nonmembers. The compact doesn't apply to parking or standing violations. Highway weight limit violations and violations of Hazmat transportation laws.
 
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lwpat

Senior Member
To Paridise
Nice to see that you can now cut and paste. Next time something revelant would be nice.

To the OP

If the bus is registered to a company it is automatically considered a commercial motor vehicle regardless of how it is being used. You are required to have the proper CDL license and follow all of the Federal regulations for the size of vehicle.

If he cited you for the wrong statute then obtain a certified copy of your license from the DMV. When you go in simply show it to the ADA and he will probably drop that charge. If you have a CDL license then you need to fight this ticket if he does not drop it since that is an automatic suspension of your CDL's. If you don't have a CDL this may be the violation. I can't access the NJ Code for some reason so cannot check the statute.

If you have a CDL all moving violations are suposed to be reported to your home state and entered on your record. NY does not enter minor out of state violations for those with a regular license.
 

qcxlvr1

Member
I will reiterate that the State of New York does not record out of state violation or convictions and consequently you do not receive points, notations, etc on your New York State Driver Abstract for offenses out of state.

The exception is offenses committed in certain Canadian provinces or alcohol or drug offenses in any state.

With respect to the "non-resident" compact, all that basicially means for NY license holders is that if you FTA (fail to answer) in any state other than the non-participants, you will be suspended in New York until you answer the out of state charge.
 

Shay-Pari'e

Senior Member
The guy never even asked about points on his NYDL. Because he is out of state, he should know what will happen if he does not take care of the issue.
 

qcxlvr1

Member
Not only is he not going to get points, there will not be ONE INDICATION on his driving record that anything happened.
 

MikeBel

Junior Member
My other questions...

hi .. ty for the responces but if anyone has any answers for my 3rd and 4th questions it would be great:

3) the officer wrote suspended registration on ticket but by statute he wrote 39:3-40 which i have read and it doesnt talk about driving w/ a suspended regis. but only about sus. license...first, is this true? and WHAT IS THE CORRECT STATUTE IN JERSEY FOR DRIVING WITH A SUSPENDED REGISTRATION? can i get this off? even the nj website has my ticket listed as driving w suspended license and i clearly wasn't
4) the other ticket for commercial said commercial vehicle statute 32:14-20 which i dont believe says u cant drive a commercial on it..but he wrote also ordinance 412.2A which i could not locate.. please help me with this info
thank you

im wondering what i should claim in court if these incorrect ( maybe incorrect?) statutes will work in jersey
 

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