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This entry was published on 2014-09-22
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SECTION 376-A
Defective equipment
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 9
§ 376-a. Defective equipment. 1. If any vehicle is driven or operated
on a public highway in violation of any provision of section three
hundred seventy-five, three hundred seventy-six or three hundred
eighty-one of this article relating to required equipment or its proper
repair and adjustment, other than a provision relating to service
brakes, any police officer shall be authorized to take such action as
may be required or permitted by the provisions of this section.

2. If the vehicle is being operated or driven in violation of the
provisions of this chapter relating to the use or proper repair or
adjustment of headlamps, and there is not in operation at least one
headlamp lighted and adjusted as required by law, such officer shall
issue a summons for such violation and shall order the operator to
remove such vehicle from the highway. In such event, such vehicle shall
not again be driven or operated until such time as the vehicle can be
driven or operated without being in violation of such provisions.

3. If the vehicle is being driven or operated in violation of any
provisions of section three hundred seventy-five, three hundred
seventy-six or three hundred eighty-one of this article relating to
required equipment, except a violation described in subdivision two of
this section, subdivision forty-seven of section three hundred
seventy-five of this article, and except a violation relating to service
brakes, such officer shall issue a summons, provided, however, that a
summons shall not be issued if, in the discretion and at the request of
such officer, the defect is corrected in the presence of such officer.
The refusal of a police officer to permit the repair of any defect in
his presence shall not be reviewable, and shall not be a defense to any
violation charged in a summons issued pursuant to the provisions of this
subdivision.

4. Any complaint issued for any violation of section three hundred
seventy-five, three hundred seventy-six or three hundred eighty-one of
this article relative to required equipment, except a violation
described in subdivision two of this section, subdivision forty-seven of
section three hundred seventy-five of this article, and except for a
violation relating to service brakes, shall be dismissed by the court
before which the summons is returnable if the violation as set forth in
the summons is corrected not later than one-half hour after sunset on
the first full business day after the issuance of the summons and proof
of such correction as set forth in subdivision five of this section is
submitted to the court. For the purposes of this subdivision, "business
day" shall mean any calendar day except Saturday and Sunday, or the
following business holidays: New Year's Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,
Thanksgiving Day, and Christmas Day.

5. (a) Acceptable proof of repair or adjustment shall consist of
submission to the court on or before the return date of the summons
either:

(i) a statement of correction from an officially designated state
inspection station duly executed by the person performing or making such
inspection and bearing the facility number of the state inspection
station, or

(ii) a statement of correction from an automobile repair shop on the
letterhead of such repair shop duly executed by the person who made the
correction, or

(iii) a statement of correction from any registrant having more than
twenty-five vehicles registered and having a fleet maintenance program
administered by the registrant, duly executed by the person performing
or making such correction and countersigned by the fleet maintenance
supervisor, or

(iv) a signed statement of any police officer that the necessary
corrections have been made, or

(v) evidence acceptable to the court from any person that he or she
completed the repair together with proof of purchase of the equipment
needed for the repair, or

(vi) in the discretion of the court, submission of the vehicle to the
court for inspection not later than one-half hour after the next ensuing
sunset.

(b) The statement required by this subdivision shall be directed to
the court having jurisdiction of the alleged violation, shall be
affirmed as true under penalty of perjury, and shall include:

(i) the name, occupation and position of the person making the
statement;

(ii) the time and date that the repairs or inspection were made; and

(iii) a statement that the defective equipment, cited in the summons
or information, on the vehicle in question, is in proper working order.

6. The provisions of this section shall not be construed to affect any
cause of action or the rights or liabilities of any person with respect
to damages or injuries caused or suffered as a result of the operation
of a motor vehicle.