Posted by Bret4207 on April 09, 2010 at 13:48:50 from (64.19.90.196):
In Reply to: Re: OT,NY hitch law posted by jdemaris on April 07, 2010 at 16:02:44:
Actually 388 refers to the operator of the vehicle being liable for negligence in the operation or use of a vehicle. There is nothing negligent about someone "bumping your hitch". There's also no definition for "negligence" that I saw. To the best of my recollection this was a "blanket" section that covered things like a person allowing a drunk driver to operate their vehicle or allowing a suspended operator to use their vehicle. I understand why this might read like you think it does, but not everything in the VTL reads in common language. If you back into another car with your hitch- that's unsafe backing. If someone barks their shin on your hitch that's not a moving violation and isn't related to the operation of the vehicle. It's not covered by the VTL anymore than operation of a farm tractor in a field is covered by the VTL. The case with the lady in NYC is a civil case, not a VTL case.
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