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Survey - who has had a citation for RV overweight?

noteven
Explorer III
Explorer III
Details appreciated like where, details of weight, fine or jail time, did your rig get towed, were you handcuffed...
95 REPLIES 95

dfb
Explorer
Explorer
transamz9 wrote:
moresmoke wrote:
LarryJM wrote:
demiles wrote:
The only one I've seen was down in NC leaving ZMAX dragway and wasn't the normal trailer/fifth wheel. I was following a friend pulling a 30Ft racecar trailer with living quarters and he was pulled over and weighed. He was over his registered GVWR and received a fined which was $150 I think. They told him he was considered commercial because he received money and or products for competing. He also had the usual product stickers all over the side of the trailer.


Over the years I've also read more than a handful of first hand posts usually from Pa concerning weight and or registration fines with these race car trailers with all the advertising and even some where because they could win $$$ they were considered commercial rigs.

Larry


The most common test of this I have heard of is: If you are guaranteed money for showing up at the event - then you would be considered commercial. You are being paid as a performer.

Now some states interpret these rules to their own likes. The 10,000 lb trailer rule is one. Some states have it worded as a trailer over 10000 and GVW over 26000. Others use a trailer over 10000 or GVW over 26000.

I run around to motorsports events in the summer, if I ever get accused of being commercial, I am going to start filing my expenses on my taxes. I bet the IRS will claim its a hobby!


Those numbers are the determining factor that requires one to have a CDL. To be considered commercial your GVWR or combined truck and trailer GVWR will be 10,001# and up. Our F150's and Tundra's are considered commercial as soon as one is hooked to any of our trailers. Our lightest duty trailer has a GVWR of 7'000#.
Not in Nevada.. we don't need any special lisence... used to ... not now tho...

dfb
Explorer
Explorer
campingken wrote:
In CA if you are involved in a multi fatal accident on the freeway the CHP MAIT (major accident investigation team) may be called to investigate. They will put all the pieces on a scale and if they determine that being over weight effected your ability to stop (and this is a cause of the accident) you could be cited. If you are grossly overweight manslaughter (causing a death due to negligence) could also come into play (especially if you wiped out several children on a school bus and it became a major story (political.)

This being said I am not aware of any actual criminal cases being filed due to an overweight RV.

HOGWASH!

dfb
Explorer
Explorer
the bear II wrote:
Here's the real concern if an RV is overweight.... you and your family's safety. Not to mention the vehicles around you.

If you are involved in an accident with your RV and if the investigation determines your vehicle is over weight, whether the accident is your fault or not, the over weight condition can be considered a contributing factor. Possible liability for you and fines.


HOGWASH!!!!

Grit_dog
Nomad III
Nomad III
10 pages and other than the one retired overzealous dot cop from IL, no one has had a ticket?
Sounds like something to continue losing sleep over......
2016 Ram 2500, MotorOps.ca EFIlive tuned, 5โ€ turbo back, 6" lift on 37s
2017 Heartland Torque T29 - Sold.
Couple of Arctic Fox TCs - Sold

nevadanick
Explorer
Explorer
Feds now allow motorhomes to be 24k on rear axle. Mine is 21,300 before hooking a trlr on. I know of no one that has been ticketed or even weighed in an rv.

blt2ski
Moderator
Moderator
http://www.wsdot.wa.gov/NR/rdonlyres/56B2C39E-1BC7-4F93-AFAE-96100E3701E3/0/2007Fall_Pages2026.pdf

http://www.wsdot.wa.gov/NR/rdonlyres/F6F2E1BB-8F78-4756-AB42-FC3D59E16281/0/AnnualRefresherMaster.pd...

Here are two pdfs from the wa st dot. These have good examples of what is considered overweight per say. WIth this in mind, note none of the examples are RV's. If you really look over the how the laws are enforced, you will see a majority of you will never be over weight!
Still trying to find link that shows you can not be jailed per say for being overweight.......

Marty
92 Navistar dump truck, 7.3L 7 sp, 4.33 gears with a Detroit no spin
2014 Chevy 1500 Dual cab 4x4
92 Red-e-haul 12K equipment trailer

blt2ski
Moderator
Moderator
ksss wrote:
blt2ski wrote:

As I understand the weight laws, one can not be jailed per say for being overweight.

Marty


That is potentially not true. When you are overweight by a small portion (cant remember the amount) it is an infraction-a fine. However if you are over the infraction amount, it becomes a misdemeanor which can absolutely get you booked into jail and in the process handcuffed. Officer discretion and department policy would likely have much to do with whether or not that actually occurred.


Everything I have read shows that keeping commerce moving, keeping rigs under the road design limits is the goal. One Has 8 hrs to move thing around on the rig to get under axle limits etc. IF one cannot,then you pay the TAX, for the damage you will do to the road, and continue on your way.
Many drivers get overload tickets daily depending upon circumstances, company they drive for gives them a CC to pay for fine, and off they go to destination.
I am sure there are some very obtuse overload situations where one can get put in jail for being overweight, that is NOT the intent of the law.
We have other issues that will get use in more trouble than a weight law.

marty
92 Navistar dump truck, 7.3L 7 sp, 4.33 gears with a Detroit no spin
2014 Chevy 1500 Dual cab 4x4
92 Red-e-haul 12K equipment trailer

ksss
Explorer
Explorer
blt2ski wrote:

As I understand the weight laws, one can not be jailed per say for being overweight.

Marty


That is potentially not true. When you are overweight by a small portion (cant remember the amount) it is an infraction-a fine. However if you are over the infraction amount, it becomes a misdemeanor which can absolutely get you booked into jail and in the process handcuffed. Officer discretion and department policy would likely have much to do with whether or not that actually occurred.
2020 Chevy 3500 CC 4X4 DRW D/A
2013 Fuzion 342
2011 RZR Desert Tan
2012 Sea Doo GTX 155
2018 Chevy 3500HD CC LB SRW 4X4 D/A
2015 Chevy Camaro ZL1

northshore
Explorer
Explorer
Has anyone had a ticket or citation for an overweight RV rig?
Not me.
Had an accident going over the Tehachapi Mts in CA, went to court weight never became an issue.
After 9 pages of comments, I want to just mention that many years ago I observed that the Nebraska authorities conducted weight checks on secondary roads, for any vehicle towing a trailer. I want to qualify that with, at the time i was not towing but did see numerous pickups lined up that were towing trailers, I did not see any RVs so I do not know if RVs were included. I did see many pickups flat towing small cars and small pickups being checked.
Some thing I wanted to include for conversation, maybe some one from Nebraska could chime in.

Jarlaxle
Explorer II
Explorer II
nickthehunter wrote:
There is no way anyone ever received a ticket for being overweight. The only law regarding weight is you can not exceed 20,000 lbs per axle or 80,000 lbs gross weight. Anyone have an RV approaching either of those numbers? There is in some jurisdiction a "registration" weight. In those areas the more weight you want to tow, the higher your vehicle license plate fees. So if you want to tow more, you pay more. There is no limit to how much your can "registration" weight can be. If you didn't pay the proper vehicle license plate fee, you could be ticketed for exceeding your "registered" weight.


PLENTY of big DPs are right at or over 20K on the drive axle.
John and Elizabeth (Liz), with Briza the size XL tabby
St. Bernard Marm, cats Vierna and Maya...RIP. ๐Ÿ˜ž
Current rig:
1992 International Genesis school bus conversion

PA12DRVR
Explorer
Explorer
"The ultimate rv.net legal fantasy. Arguing 2500 vs 3500 GVWR with dualing experts in a jury trial. lol

I'd worry more about getting struck by lightning on the way to the courthouse. Love the armchair lawyer opinions in this thread."

^^^^ This....although several of my fellow members of the bar who practice on the plaintiff's side would gladly assert that the RV was overweight if it helped provide settlement leverage and/or additional fee-bearing discovery efforts.
CRL
My RV is a 1946 PA-12
Back in the GWN

IdaD
Explorer
Explorer
CWSWine wrote:
CWSWine wrote:
spoon059 wrote:
CWSWine wrote:
When I sat on a jury we had to fill out form stating what factors caused an accident and one of the questions was "Was the Vehicle Operating within manufacture specs - Yes - No What percentage of cause do you assign" or sometime to those words.

Who is the manufacturer... the truck manufacturer that simply assembled the parts, or the manufacturer of the axle?


Is the axle the factor or is the frame, brakes and etc. The towing guides warns you not to exceed GVWR and GM even has page on their site not to exceed the GVWR Click Here YOu can argue all you want but you will to convince a jury of lay people that are not RVers that the warnings put out the Ford, Chevy and Ram are not a reason to go by. After sitting on a jury I will honor the manufacture specs. I don't want to spend legal fees to defend that either.



In a civil case you would have to convince a house wife that the specs on your 2500 are the same as 3500 and it is ok to exceed them even though the manufacture warns against it. While the other side shows manufacture specs that your are over weight according to the manufacture. I agree with lot or what you say and the truck will probably handle the weight I wouldn't want to be on your side of court room try to defend you position.

The jury instructions in a civil is more likely then not and the weight of each item that causes a accident is decided by the jury and over weight could 10% or 100% depends on what percentage the jury assigns to that one cause.


The ultimate rv.net legal fantasy. Arguing 2500 vs 3500 GVWR with dualing experts in a jury trial. lol

I'd worry more about getting struck by lightning on the way to the courthouse. Love the armchair lawyer opinions in this thread.
2015 Cummins Ram 4wd CC/SB

CWSWine
Explorer
Explorer
Sitting and think about the trail I was on there two witness that claimed at 65 miles per hour the car was within 10 feet of the back bumper of the car he hit in the rear. One jury member argued that 10 feet was plenty of room and she done it for years and never got in accident and there was no law against it. LOL
2017 Discovery XLE 40 D DP
Sold Grand Design Solitude 310GK-R
Sold 2016 GMC Denali 1 ton Diesel 3722 CC
5er 13,600 - 3100 pin - Truck Weight 11380 Truck GVWR 11,500
Only 180 lbs below my trucks MAX GVWR

noteven
Explorer III
Explorer III
I would tell the court the weight rating on my truck is limited by cooling capacity. They would then contact the OEM who would tell them some bs line about not being able to release such Secret Information, same thing they tell their customers. Then the media would present alternator facts.