An overweight truck conviction in CA can lead to a $238 fine for a slightly overweight truck.
However, it could cost as much as $1.00 per pound over the limit for a grossly overweight truck. CA Vehicle Code (CVC) Section 35551, Axle Limits, a commercial vehicle overweight by more than 4,500 is a misdemeanor crime.
The driver of the grossly overweight truck may receive probation or up to six months in the county jail and a “base fine” of $1,000 or a combination of fine, probation, and jail. The base fine was set at the time of approval, typically years ago. In the case of CVC 35551, it was 1959.
Since then, the California Assembly, Senate, and Governor have approved ten surcharges added to the base fine for items such as court construction, night court administration, DNA ID, Emergency medical technicians, and more. These ten surcharges can add up to five times the base fine.
Furthermore, the entire vehicle does not need to be overweight to be cited for an overweight truck. CVC 35551 prescribes the weight over one tire, axle, or group of axles, depending on the distance between those axles.
“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.”
For instance, the weight allowed when the distance between axles is 8 feet is 34,000 pounds, but the weight for a 9-foot span is 39,000. CHP adjusts the measured distance up or down at a half foot. Therefore, an axle span of 8’ 5” is allowed 34,000, but if the span is 8’6” up to 9 feet is allowed 39,000 pounds.
Imagine the surprise for a trucker who thought the axle distance of 8’6” but was actually 8’5.” They might just have gone from being legal to being a criminal. Granted, most CHP will not measure the axle distance but go by GVW—gross vehicle weight established by the manufacturer and displayed on the truck’s door panel. This is something every driver should know.
Why You Need a CA Traffic Defense Attorney to Resolve an Overweight Truck Ticket
Navigating California freeways, like I-15, in a commercial truck is a challenging task. The last thing you need is an overweight truck ticket to add to your stress. Beyond just a hefty fine, such a violation can affect your commercial driving record and potentially your employment. That's where a traffic defense attorney comes into the picture.
As mentioned above, overweight truck regulations in California are stringent, and the penalties for violations can be substantial. This isn't a matter you should tackle alone. An experienced traffic defense attorney can help you understand the complexities of your case and formulate a strategic defense.
These attorneys understand the intricacies of California's commercial vehicle laws and the importance of protecting your Commercial Driver's License (CDL). They can often help negotiate lesser fines, prevent points from being added to your driving record, and sometimes even get the ticket dismissed entirely.
Simply put, having a traffic defense attorney by your side can make the difference between a conviction for a misdemeanor and a manageable situation. It's a small investment that can protect your livelihood and your future in commercial driving.
Contact Bigger & Harman for an Aggressive Defense of an Overweight Truck Ticket in Victorville Traffic Court in San Bernardino County, CA. Consult Bigger & Harman
Ticketed for an overweight truck that must be resolved in Victorville Traffic Court in Sa Bernardino County, CA? Contact Bigger & Harman (661) 349-9300. Likewise, you can use the convenient contact form or email email@example.com them.
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The DMV Portal CA Commercial Driver Handbook.