§ 378. Additional safety requirements for commercial vehicles and
vehicles transporting hazardous materials. 1. Motor vehicles and
trailers operated pursuant to or requiring a certificate or permit for
the transportation of property or hazardous materials from the
interstate commerce commission or the commissioner of transportation and
all other motor vehicles and trailers operated for the commercial
transportation of property or hazardous materials, in addition to being
subject to the provisions of this chapter and regulations promulgated
thereunder, are also subject to the provisions of section one hundred
forty of the transportation law and safety rules and regulations
promulgated thereunder.

2. Vehicles transporting hazardous materials, in addition to being
subject to the provisions of this chapter and regulations promulgated
thereunder are also subject to the provisions of section fourteen-f of
the transportation law and rules and regulations promulgated thereunder.

3. Whenever a vehicle is in violation of a provision of both the
vehicle and traffic law and section fourteen-f or section one hundred
forty of the transportation law or safety rules and regulations
promulgated thereunder, if the offenses arise from the same incident and
the elements of both offenses are substantially the same, the alleged
violator shall be charged only with the appropriate offense of the
transportation law.