As a commercial driver, the issue of operating an overweight truck is a major concern.
The financial and legal consequences can be significant, and understanding how to navigate these complexities is paramount. With that in mind, let's delve into the important factors of this topic.
Knowing Your Commercial Vehicle’s GVWR
Every commercial vehicle has a Gross Vehicle Weight Rating (GVWR), the maximum operating weight specified by the manufacturer.
This includes the vehicle's body, engine, fuel, driver, passengers, and cargo. Driving an overweight truck without a permit violates California traffic law, and the penalties can be severe.
However, the load must also be evenly distributed so that too much weight is not centered over one wheel or axle set, depending on the distance between axles.
The responsibility of ensuring the truck's load stays within the GVWR primarily rests with the shipper. However, once you drive out of the shipper's gate, the accountability for an overweight truck shifts to you, the driver. Therefore, knowing your truck's GVWR is crucial for legal compliance and your safety on the road.
Stopping Distances Increase Dramatically for an Overweight Truck
Safety is a major concern when hauling cargo in a commercial vehicle.
The weight of a truck directly influences its stopping distance. The heavier the truck, the longer it takes to stop. An overweight truck, therefore, poses an increased risk for accidents, especially in emergency situations requiring immediate braking. This, combined with the potential for damaging roads and infrastructure, makes adhering to weight limits essential, or when the load cannot be reduced, the driver must ensure they have the proper permits before entering the state.
An Overweight Truck Is the Driver’s Responsibility, Typically
As mentioned, any weight violations become the driver's responsibility once you've exited the shipper's premises.
It's a burden that can come with hefty penalties. Fines start from $238, and 1.5 negligent operator treatment system (NOTS) points for trucks overweight 4,500 pounds or less. However, trucks overweight by 4,501 pounds or more incur fines of about $1.00 per pound, two NOTS points, and potentially a misdemeanor charge.
To avoid these complications, consider using private weigh stations outside Los Angeles, Long Beach, and Oakland ports. Although this service has a fee, it pales compared to the potential fines and legal implications of operating an overweight truck.
In summary, operating an overweight truck has significant legal and safety implications. It's your responsibility as a driver to ensure your vehicle complies with weight regulations or get the proper permits.
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If you do find yourself facing an overweight truck violation, it's advisable to consult a CA traffic attorney. They can guide you through the legal process, helping to protect your interests and mitigate any penalties you might face.
When it comes to navigating these hefty issues, we at Bigger & Harman are here to assist. Don't let an overweight truck violation weigh you down—reach out to us for professional advice and support.
Contact Bigger & Harman, APC, If You Need Help with a Traffic Ticket in Fresno, CA
Bigger & Harman is a traffic law firm that routinely practices in Fresno County Courthouse. Call us at (661) 349-9300, utilize our online contact form or email us attorney@biggerharmanlaw.com.
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References:
The DMV Portal CA Commercial Driver Handbook.