VTL 1233-3, “Clinging to Vehicles”

VTL § 1233-3 prohibits attaching oneself to a motor vehicle while it is operating on a roadway. VTL § 1233-3 prohibits a motorist from knowingly permitting someone to attach themselves to their vehicle. Pleading guilty to this ticket or being convicted of this violation will put two points on your New York driving record. The exact fine is determined by the judge with the maximum being $150 + 93 mandatory surcharge. The fines may differ in city courts. However, the most significant cost of this violation will probably be the increased insurance rates. Your insurance company will likely raise the premiums with such a violation appearing on the driving record.

Text of the Statute

§ 1233. Clinging to vehicles.
1. No person riding upon any bicycle, coaster, in-line skates, roller skates, skate board, sled, or toy vehicle shall attach the same or himself or herself to any vehicle being operated upon a roadway.
2. No person shall ride on or attach himself to the outside of any vehicle being operated upon a roadway.
The provisions of this section shall not apply to:
(i) vehicles in an emergency operation as defined in section one hundred fourteen-b of this chapter; and
(ii) farm type tractors used exclusively for agricultural purposes or other farm equipment; and
(iii) riding on the open, uncovered cargo area of a truck with the permission of the operator of such truck; and
(iv) vehicles employed by a municipality for local garbage collection; and
(v) vehicles participating in a parade pursuant to a municipal permit.
3. No vehicle operator shall knowingly permit any person to attach any device or himself to such operator's vehicle in violation of subdivision one or subdivision two of this section.

Disputing a 1233-3 Ticket

It is not unethical or illegal to plead Not Guilty to a traffic ticket even if you committed the alleged infraction. Contrary to popular belief, a Not Guilty plea does not mean you are making a factual statement that the police officer was lying or mistaken. Pleading Not Guilty merely means that you are utilizing your Constitutional rights to require that the police officers prove the charges. A motorist that receives a traffic ticket can fight the charges regardless of whether the allegations are true, partially true, false, or partially false.

In New York, motorists can retain counsel to handle their traffic ticket in its entirety. Your attorney can file the Not Guilty plea in court for you and should be able to make court appearances in your place. The violation can likely get reduced or dismissed without the motorist having to take off from employment or even leave their home. For more detailed information, you can contact the attorneys at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York law firm that practices Vehicle & Traffic Law. We have experience with almost all types of traffic-related charges and have experience handling traffic tickets in the vast majority of New York traffic courts. Our firm helps motorists in Central New York, Mohawk Valley, Finger Lakes, Southern Tier, Catskill Mountains, New York City, Long Island, North Country, Western New York, and the Capital District. For more detailed information, you can contact our team during regular business. We can be reached by website submission, email, text message, or email. You can also meet us in person at our office should you be so inclined. The team at the Benjamin Goldman Law Office looks forward to taking on your case.

Fight a VTL § 1233-3 Ticket