texas.yankee
Active Member
- Joined
- Mar 4, 2019
- Messages
- 156
- Reaction score
- 110
Yeah since we've got your attention, I've got some questions too.
As far as I know, being over payload is not illegal, not in my state anyway, Kansas. Trucks roll over DOT scales over mfr rated payload all the time, no tickets. That's here and many other states I've been in as well.
So what state(s) is your first hand knowledge in? What are they looking for? Over tire ratings? Over axle or what?
I've flat out asked KS DOT about GCWR and 2 different officers have told me they don't pay any attention to it.
Another interesting little tidbit on KS DOT rules, they'll give you a set amount of overweight grace, pretty sure it's 5%.
Exceeding any manufacturer rated capacity is illegal, but it's a federal standard. Most states have their own policy and enforcement can vary significantly between departments. Generally, most go off GVWR and GCVWR and axle ratings. Ask any seasoned long-haul OTR driver and he'll be able to tell you where to have your **** in order, and where you can slide by. CMV in Texas can and will issue citations, especially if they think you're trying to skirt having a CDL. I have personal knowledge of CMV requiring a non-cdl driver's trailer to be unhitched on a Ram 3500 DRW due to Exceeding payload of truck and GCVWR. Driver was issued a citation for both and given option to have someone come get trailer ASAP or it would be impounded and towed away (I was legal truck and license that saved his ass). I personally have been scaled (mobile) several times in Texas (specifically west DFW) and in Southern OK. In OK, I was within 50 lbs of rated capacity (GVWR of trailer, not truck) and told I was lucky that if I was over they'd be taking my trailer.
FYI, the 5% in KS is for mobile scales only due to variance in scale equipment, but fixed, certed scales are 0% tolerance (enforcement is again, different).
I've been issued warnings for chains not crossing on a bumper pull. The officer has discretion on how much he wants to make your life a pain.
I don't *think* they do tire loads, but I would have to ask to verify. I believe it's just axle and over all.
It is not illegal, it's a civil penalty. Can't stop someone for it, etc. Nobody cares if you're just driving and overloaded. Have a bicyclist wadded up in your fender and things that weren't an issue before now may be an issue. Civil Court, especially, where they will use it to paint you as reckless and disregarding manufacturers safety rules.
Low odds, high stakes.
It can be criminal. Look at the jackass hauling a boat way too big and killed some people. It was criminal negligence Exceeding manufacturer specifications. Not sure if it was payload, though, and probably didn't matter at that point.
Sent from my SM-S918U using Tapatalk