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What to Do about an Overweight Truck Ticket in Roseville, CA

undefinedMany new truck drivers wonder how much weight they are allowed to haul, who is responsible for the fine, the driver or the trucking company, and what they should do about a traffic ticket for an overweight truck.

In California, unless there is a written agreement between the trucking firm and the driver, the driver is responsible for the safe operation of the truck, including its weight. Another quirk that many novice drivers do not know is that the shipper must weigh your vehicle if they have a scale available at the shipping and packing yard or pay to have your truck weighed at the closest public scale.

However, whatever the cost to weigh your vehicle before you get out on the road is worth it to avoid an overweight truck ticket. 

Many seasoned drivers use the closest Certified Automated Truck (CAT) scale to ensure they are within the standards outlined in CA Vehicle Code (CVC) Section 35551Axle Limits. This traffic code prescribed how much weight for the vehicle overall and for each axle or set of tandem axles.

Once again, if you look closely, the code has another oddity. That is the “The distance between axles shall be measured to the nearest whole foot. When a fraction is exactly six inches, the next larger whole foot shall be used.” Therefore, if the distance between two outer axles is 8’ 5,” that is considered eight feet, not nine, at eight feet between axles, you are allowed 34,000 pounds. However, if you thought it was rounded up, you might believe you could carry 42,500 pounds. 

That’s a difference of 8,500 pounds, more than enough to qualify as a misdemeanor, and a possible fine of $8,500. When you get above a certain point of weight in CA, you can figure your fine will be about $1.00 per pound over the limit.

A large trucking fleet might take that massive fine in stride, but the owner-operator or small fleet owner who is barely scraping by. That could push them into bankruptcy. You must challenge the ticket with a CA traffic attorney. 

Single Wheel & Axle Weight

Although it is rare for truckers to get an overweight truck ticket in around Roseville, CA, most are over on I-80 on the Donner Pass at the Truckee, CA, weight station. However, when a law enforcement officer (LEO) sees a truck leaning to one side or the other, they might believe the truck’s cargo was not loaded correctly. One tire, one axle or set of axles is carrying too much weight; they could have the driver take the truck to the closest weight station to determine if they are within tolerance.

In most cases, no axle should bear more than 20,000 pounds and an axle group is typically allowed 34,000, except that “any front steering axle of a motor vehicle shall not exceed 12,500 pounds.”

How to Challenge an Overweight Truck Ticket in Roseville, CA Traffic Court with a CA Traffic Attorney 

When you get an overweight truck ticket on I-80 in Truckee, CA, call Bigger & Harman, (661) 349-9300. Se habla Español (661) 349-9755.

We use a flat fee to resolve all traffic tickets. Whatever we agree to at an initial consultation is what you will pay. There won’t be any surprise add-ons or an hourly wage. 

Email: attorney@biggerharmanlaw.com

References:

The 2019-2021 CA Commercial Driver Handbook.pdf

CVC Section 35551Axle Limits