Posted by Bret4207 on November 22, 2012 at 04:19:48 from (64.19.90.196):
In Reply to: mud on the highway posted by bigdiesel on November 21, 2012 at 18:25:47:
NYS V+T 1220 B1 is a specific exemption for agricultural purposes. IOW, mud, chopped corn or hay, etc, deposited on the roadway due to farming practices is not a violation in and of itself. If there was so much mud as to cause a traffic hazard then you were liable to remove it in a reasonable amount of time. Or so I was taught at the NY State Police Academy and as been my experience as a Trooper for over 20 years. You probably got a city boy from Yonkers or Buffalo that wasn't familiar with country life. It happens.
I suggest you appear and plea not guilty at court. I would suggest providing this section as your defense and note it is an affirmative defense for agricultural practices. Also note that no warning or time to remove the mud was given. My bet is if you live in a rural area the Judge will dismiss. If the DAs office is not willing to agree to a dismissal or if the judge isn't inclined to dismiss then you have the option of a trial.
FWIW- it's always a good idea to remove anything that can cause damage from the road that results from farming. It' may not be "illegal" to leave mud, but if Myron Faberwinkle, Esq., wrecks his Beemer trying to avoid your cow crap in the road, he can and likely will sue.
What County did this occur in?
This post was edited by Bret4207 at 04:20:28 11/22/12.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Product Review: Black Tire Paint - by Staff. I have been fortunate in that two of my tractors have had rear tires that were in great shape when I bought the tractor. My model "H" even had the old style fronts with plenty of tread. My "L" fronts were mismatched Sears Guardsman snow tires, which I promptly tossed. Well, although these tires were in good shape as far as tread was concerned, they looked real sad. All were flat, but new tubes fixed that. In addition to years and years of scuffing and fading, they had paint splattered on
... [Read Article]
Latest Ad:
2022 John Deere 5045E, 4wd, front end loader and 3rd function with grapple. 120 hrs, 55k new, must sell
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
