Navigating the legal pathways to rectify an equipment violation summons can seem daunting, but understanding the Correction For Equipment Defect form is a crucial step in this process. This form, identified as TB-37 (REV 3/01), serves as a lifeline for individuals who find themselves cited under various sections of the Vehicle and Traffic Law (VTL) – specifically sections 375, 376, or 381 – with exceptions noted for headlamp and brake-related violations. Essentially, it offers a straightforward method for having charges dismissed, provided that the equipment defect is remedied by a specific deadline. The form is versatile, accepting various forms of proof such as statements from inspection stations, repair shops, fleet maintenance programs, police officers, or even the individual if they’ve undertaken the repair themselves. Additionally, the document requires detailed affirmations including the name and position of the person rectifying the issue, the time and date of repair, and a declaration that the previously cited equipment is now in proper working order. Such thorough documentation ensures that the process is carried out with transparency and integrity, allowing for a smoother interaction with the legal system, and underscores the importance of promptly addressing vehicle safety concerns.
| Question | Answer |
|---|---|
| Form Name | Correction For Equipment Defect Form |
| Form Length | 1 pages |
| Fillable? | Yes |
| Fillable fields | 17 |
| Avg. time to fill out | 3 min 39 sec |
| Other names | statement of correction for equipment defect form, tb 37 statement of correction, equipment defect template, statement defect template |
STATEMENT OF CORRECTION FOR EQUIPMENT DEFECT
If a summons is issued for an equipment violation of VTL sections 375, 376, or 381, (except where both headlamps are defective and except a violation relating to service brakes or audio amplification systems), the charge will be dismissed if proof is presented to the court that the defect was corrected prior to 1/2 hour after sunset on the first full business day after issuance of the summons (VTL section
(a)Under Section 375, sub. 5, the following are acceptable proofs of correction:
(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
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 repair, or
(vi)in the discretion of the court, submission of the vehicle to the court for inspection not later than
(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; and the
(ii)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.
The following may be used by inspection station, fleet maintenance supervisors and police officers:
To ________________________________ , I_________________________________ , ___________________
Court |
Name |
Occupation |
|
_________________________ , _____________________________________, |
affirm under penalty of perjury that |
||
Position |
Address or Police Department |
|
|
on ______________________ , at____________ , I inspected (and repaired)* the ________________________ |
|||
Date |
Time |
|
Cited Equipment |
of a_______________ , |
________________ , |
_______________ and that at such time the defective equipment, |
|
Year of Vehicle |
Make of Vehicle |
Plate Number |
|
cited in the summons or information, on the vehicle in question, was in proper working order.
___________________________________________________________________________________________
Place inspection station facility number and signature of inspector, or signature of fleet maintenance supervisor or police officer above. (Repair shops which are not licensed inspection stations must use business stationary.)
*Strike out if inapplicable