Overweight Trucks

[mrnecsteve]

I am posing this question as a result of a conversation on the dieselstop.com.
If a vehicle rated for 10,000 pounds GVWR is carrying 10,400 ,while pulling a trailer gets into an accident, what are the likely consequences to the driver?

I would like permission to post a link to this forum with the possible answers.

[Jim1648]

Are wondering what would happen in Maryland or in another state? The reason I ask that is because I worked commercial vehicle enforcement years ago and most of Minnesota had a policy of going after civil penalties for anyone more than 7,000 lbs over, but our county attorneys office wanted nothing to do with that. Also, our judges are/were particularly lenient on overweight violations. I would venture to guess that in some areas the answer is nothing would happen. Also, the severity of the accident would clearly have an impact on the likely outcome. Are you talking about a very minor property damage traffic accident or one in which six Catholic nuns are killed when the van they are riding is struck by someone that is overweight? In my way of thinking a mere 400 over is nothing. I don't think I would have even bothered writing a tag for it. To me it would be like writing someone a ticket for 35 MPH in a 30 MPH zone. I just wouldn't do it. But each area has it own guidelines, so the answer really has to be area specific.

[Jackdanoelswcu]

Hope that the officer doesn't have a set scales in the trunk (ie. DMV).

Over loaded Vech.

[mrnecsteve]

I think I should elaborate on the nature of the forum discussions. I have read of stories on the web of serious charges being brought against drivers in the case of fatal accidents . Others believe that it is just a myth.

[1042 Trooper]

Theoretically, one could face civil issues, but 400 pounds over the weight rating isn't much. But yes, one could be cited for an overweight vehicle but the police would need a whole lot more evidence to prove any criminal negligence as well as, as stated above, a set of scales onhand. Not too likely.

Don't confuse this with commercial vehicle weight LIMITS as set forth by whatever jurisdiction applies, not the GVWR. TO exceed statutory limitsIS a criminal offense with heavy fines. If such overweight leads to a collision / crash / injury or death, you'll have some 'splainin' to do.