Dune Hauler
Malibu Hills
New Member
Joined: 09/06/2008
View Profile
 Offline
|
My friends were towing out of class as the ticket reads CVC 42031 exceeding vehicle weight ratings. Example F250 towing 18,650LBS truck rated at 15,400, 3000lbs overweight the penalty fees are 4 times the violation fees. It will shure mess up a good time. I know they had portable scales in the CHP truck, and the officer said anything past 1500lbs over weight they will ticket.
|
fly-boy
Los Angeles, CA
Senior Member
Joined: 11/05/2004
View Profile
|
????????
I thought only the DOT could you write you up for being overweight and that the CHP could only write you up for driving without the proper license.
The GVWR on the door of your truck are only what the manufacture rates the vehicle for and are not enforceable by the CHP- so I understood.
2008 GMC 3500 SLT Duramax
2009 WW HKD plus 4 feet
2008 Custom Rhino
2005 CRF 450
2008 KTM 50
2006 KFX 50...
|
raroberts
SoCal
Full Member
Joined: 08/06/2006
View Profile
Offline
|
I had the same impression as fly-boy. The CHP could not cite you for being overweight, but could for driving out of class. How does the CHP know what the truck's capacity is, besides the sticker, which is only a manufacturer's suggestion and does not take modifications into account. Ford just increased their F450's towing rating for 4.30 geared trucks without changing a thing.
08 F450 4X4 Lariat
07 Stellar 37' 5W Toyhauler
95 XR600R
03 XR400
07 660 Rhino
75 Z1B
|
TF36DSMatt
SoCal
Senior Member
Joined: 05/15/2007
View Profile
Offline
|
There are very few posts on rv.net regarding RVers getting tickets for being overweight. There has been speculation that it could happen based on the CHP's loose interpretation of CVC 24002. Here's the CVC 24002:
24002. (a) It is unlawful to operate any vehicle or combination of vehicles which is in an unsafe condition, or which is not safely loaded, and which presents an immediate safety hazard.
(b) It is unlawful to operate any vehicle or combination of vehicles which is not equipped as provided in this code.
Source
And here's the CHP's interpretation of 24002:
Overloading your camper so as to exceed the gross vehicle weight rating of the pickup truck chassis making it liable to easily overturn, is illegal. (VC Sec. 24002)
Source
Looks like they are specifically addressing truck campers, but it seems it could be applied to 5ers and TT's as well.
I did a search and couldn't find any references to CVC 42031 on rv.net. Here's the text:
42031. Whenever the gross weight and any axle or wheel weight of a vehicle are in excess of the limits prescribed in this code, the excess weights shall be deemed one offense in violation of this code.
Source
What's even more interesting is the editorial comment under CVC 42030.1 (partial CVC below):
Declared Gross Vehicle Weight Limit Violations: Penalties
42030.1. (a) Every person convicted of a violation of any declared gross vehicle weight limitation provision of this code, shall be punished by a fine that equals the amounts specified in the following table:
Pounds in Excess of the Declared Gross Vehicle Weight, Fine
1,001-1,500 $ 250
1,501-2,000 $300
2,001-2,500 $350
2,501-3,000 $400
3,001-3,500 $450
3,501-4,000 $500
4,001-4,500 $550
4,501-5,000 $600
5,001-6,000 $700
6,001-7,000 $800
7,001-8,000 $900
8,001-10,000 $1,000
10,001 and over $2,000
[ Fines imposed for a conviction of a violation of operating a vehicle in excess of it's declared gross vehicle weight. ] *
*The bracketed information has been added editorially to meet accessibility requirements and is not part of statute.
Source
So for Dune Hauler's friend, it looks like the penalty would be $450 for being 3000-3500 lbs overweight.
|
jmtandem
carson city nv
Senior Member
Joined: 01/18/2006
View Profile
Offline
|
Tf36dsmatt,
You reference this as mostly a truck camper issue. This is not consistent with any references on the truck camper forum. I have been there almost daily for three years and never remember any reference to getting a truck and camper weighed except, of course, voluntarily by the owner to understand their weights. Most campers are placarded about 1000 pounds less than actual down the road weights that include water, fuel, people, and stuff. In any event, even those that are admittedly over GVWR, 99 percent are under the 1500 pounds grace given. So really, it would be a waste of time to weigh truck campers unless obviously overloaded (bumper almost dragging on the ground,etc.). However, and admittedly very rare, there has been discussion on this toy hauler forum about the need for the endorsement and that for the heavy toy haulers (probably the triple axle ones) that exceed the normal drivers license towing parameters. So.......either things are changing or something was obviously wrong with your friends experience.
'05 Dodge Cummins 4x4 dually 3500 white quadcab auto long bed airbags overload springs bumpers
'00 Elkhorn 10V w/basement
|
|
|
Dune Hauler
Malibu Hills
New Member
Joined: 09/06/2008
View Profile
Offline
|
I just talked to my buddy that got a ticket last year. He is looking for the ticket to give me the code sections, but this is what he told me. He was STUPID he had 3 violations on 1 ticket, first 75MPH while towing, second driving out of class, no A non commercial, third no seat belts. He said his fines were almost $850.00. What can I say I have some dumb friends; He definitely gave them probable cause at that speed. He was in a F450 towing a 3 axle WWFTL4005
|
Hap Hazard
Mammoth Lakes
Senior Member
Joined: 12/10/2006
View Profile
Offline
|
Forget the gross overweight issue, it's the limits on the trailer placard for gross weight of the trailer that tigger the need for the license (even if the trailer is empty and weighs 8000# below gross). The question of over gross weight will follow the P.C. for the stop (with possible citation), the discovery of your out of class operation ( with citation & possible parking/towing),and then your trip on the scales. Your day has already gone downhill before the gross weight issue comes up.
How many people scream about illegals driving without a license and no insurance? You're doing the same thing!!!! If you're out of class, you're unlicensed and your insurance company can walk. Just get the license or a lighter trailer.
Hap
|
jmtandem
carson city nv
Senior Member
Joined: 01/18/2006
View Profile
Offline
|
Hap,
You are correct. The only information that is pertinent is what is the placarded trailer/fifth wheel gross weight. It makes no difference what the trailer really weighs or if it is empty and actually below the endorsement threshold. That is why I was questioning why the need to weigh any trailer or fifth wheel (with portable scales) since the placard determines whether the driver needs the endorsement or not. My sense is that most that tow in California have a hard time with the 55 mph as the flow of traffic is much higher and the constant feeling that driving the flow of traffic is a 'best practice' without requiring everybody to pass. Interestingly, most dealers are silent about the endorsement issue.
|
kd5drx
Mosul Iraq
New Member
Joined: 06/02/2008
View Profile
|
I guess this is a CA issue because i am not sure any other state requires a non commercial class A license as long as you under 26000 gvw and not for hire you are exempt from any thing other than a regular drivers license as far as i know. Any way i have a class A CDL so i guess i am covered either way.
1992 Ford F350 7.3 diesel Hypermax Turbo 5 speed,2008 Raptor 3712TS, His 1997 Road King Custom Hers 2004 Heritage Classic custom. And don't forget Chooch the scooter pooch
|
matthewc66
San Diego
Senior Member
Joined: 04/12/2006
View Profile
Offline
|
jmtandem has it right.
Your trailer could be empty but all that matters is what the GVWR says on the sticker.
5'er at 15,001lbs or more or a TT with a GVWR of 10,001lbs or more needs a non comm class A.
I got the license a few months back.
May never need it but I would hate to lose my house if my insurance company walks on me due to being unlicensed.
As far as weighing trailers I would bet you never see that in a hundred years unless it is gross and a clearly visible issue.
CHP is more concerned with overloaded dump trucks, cement trucks, etc as that is what ruins the roads.
|
|
|
|
