tgatch

Meridian, ID

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Joined: 08/13/2003

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First let me preface this by saying. Get your rig weighed and stay under your recommended GVWR and GCWR. As I have recently found that I am over GVWR by a little over 300lbs but am still under GCWR I decided to do a little investigating.
I currently work for a sheriff's department in Southern California. I have asked several of our traffic officers the following question.
Have you ever seen or heard of any vehicle being weighed after an accident?
The answers have been the following:
One officer stated that he was involved in only one investigation where he weighed a vehicle. It was a fatality and the vehicle weighed was a Commercial big rig.
Most other officers stated they have not seen or heard of it happening. They did state that the only law enforcement in CA that would possibly do this would be the Highway Patrol. They all agreed that if your vehicle sits level with no major sag you wouldn't even get a second look from the CHP.
This was only a small group of officers, a total of 20 so far. Everything from Lt's to regular deputies.
Please understand I am not saying that it is ok to exceed your limits, nor am I saying that it is safe. I only did this investigating because there seems to be a lot of people that bring up the law enforcement when talking about being overweight.
I also asked about the fine if you are nailed for beign over weight. It is a very steep fine, but nobody had an exact answer. They did say that it was based on levels, ie: 100 to 500 pounds over then 500 to 1000, and so on.
Let me ask everyone here. Who has ever been weighed by any law enforcement? Who personally knows somebody that has been weighed? Where was it and what was the fine if they were overweight?
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MitchF150

Where I am now

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Joined: 07/13/2002

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I'd think I'd be more worried about any "Civil" cases that could occur if it's determined you were overweight and involved in an accident....... Heck, OJ was found innocent for murder in court, but found 'liable' in the civil case and sued accordingly........
#300 over the GVWR of the vehicle probably would not even be worth pursuing, but once you start getting over your GCWR, then I'd be a bit more concerned..... I'd be more concerned if you were over any GAWR however......
I'm right at my trucks GVWR, but over a ton UNDER my GCWR.......
1997 F150 XLT, 4x4, SuperCab, ShortBox, 5.4, 3.55 gears, Prodigy, EAZ-Lift WD hitch, Autometer Water/Trans temp gauges, 199,000 miles (GVWR #6250 GCWR #12500)
2003 Prowler Lynx 722F (GVWR #5000)
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T_Bone

Arizona

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Joined: 09/20/2001

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Hi Tom,
We went thru this a couple years ago. DOT is only concerned about GAW and that 20,000lbs is not exceeded and applys to commerical as well as private vechiles. There's very few "commerical" DOT laws that include GCWR numbers and none that I've heard have laws for private vechiles. Usually the only refferance to commerical GCWR from DOT is to tell when you need a license change and pay more fees.
One of the guys e-mailed his DOT and posted the answer and the officer stated they were only concerned about GAWR. He stated that they wouldn't even give a pick-up a second look as a pick-up could never carry 20000lbs on the rear axle.
Here AZ DOT allows the first 1000lbs as a freebie and starts fines at 1001lbs for "commerical" vechiles. Again there's no weight refference to private vechiles under 80000lbs. We have RV DOT laws here so that may be why. The RV rules only talk about length and width and triple combinations.
My son is a commerical carrier and has been stopped for being over weight. At several thousand pounds over the limit, DOT made him call for another trailer and off load the over weight. Son said it cost the company $480 but the officer didn't write him for the full over weight pounds. Son said he thought thats what the company would have paid for a over weight permit had they bought one before hand.
GCWR is nothing more than a mfg warranty thing. It does give some idea to lighter vechiles as to a vechile capablilitys. When you get into 3/4ton and higher then GCWR is nothing more than a sales/warrany tool for the mfg as the mfg abuse the use of GCWR meaning.
T_Bone
02 F350, 4x6, Crew, DRW, PSD, 6spd, 3:73, LWB
32ft RKSS Serria
Please do not trust everything you read on the internet. Use only valid engineering information from well established Companys.
Buy UNION Work UNION
It pays off in the long run
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carringb

Corvallis, OR

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Joined: 07/28/2003

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Like mentioned in the previous post, there is no legal implications for exceeding your GCWR in a non-commercial vehicle in most states. Now, you could find yourself in hot water if you exceed either your Tow Vehicle or trailer GVWR. This is the only number that has is legally recognized, hence the reason it is printed on your door. Being slightly overwight won't reaise any questions, but somebody who is grossly overweight could be caught. Like the sheriff department said. If it looks level, they won't get a second look.
Now to the myth about insurance. Your insurance must pay for damages up to your premium's cap, regardless of fault, including if you are overwieght. In fact, it would take a very pointed police report to even get them to ask what you were towing. Now, if you are at fault, especially for negligence in the form of overloading, they may (and likely will) cancel your policy from that point on. You will then be entered into the insurance administrators database with a flag, meaning all insurance companies will rate you as a high risk driving, and a new policy will be very expensive, if you can get one at all.
I have seen a driver who was hit with a citation for "unlawfull use of a motor vehicle" after flipping his 35' TT on a Portland freeway. He was using a 3/4 ton truck, without and weight distribution. It was also snowing and rush hour.
That said, the GCWR is a good guidline, and you should avoid exceeding it. Same for your GVWR. And finally, NEVER exceed an GA(axle)WR. That can have the most severe consequeses.
Bryan
2000 Ford E350 DRW Wagon (14-pass all captains chairs)
V10 w/ Banks PowerPack, Diablo Predator, 4.56 LS, 240,000+ miles
Had: Weekend Warrior 41' FSW (savin' dough for the next one)
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Ag Teacher

Oklahoma

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Joined: 04/30/2001

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In this accident, they weighed and gave the truck involved a complete inspection. The only violation they found was that it was overlength (pole trailer hauling pine logs). That did not factor into the accident but the driver was sued anyway - even though it was the bus drivers fault. Pulled out in front because of sun glare.
http://www.ardmoreite.com/stories/082699/new_school.shtml
2005 Explorer by Frontier RV T265
Yamaha EF3000iSEB Generator
2005 Chevrolet 2500HD Ext. Cab LS, 4x4, 6.0, 5 speed manual
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BenK

SF BayArea

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Joined: 04/18/2002

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Agree, agencies don't pay much attention to pickups. They do clamp down on commerical. To me, not much difference in accident potential from overloaded semi to overloaded pickup. Maybe the amount of damage potential from an 80,000 lb trailer overloaded to 90,000 lbs, but still accident caused by overloaded pickup can maim or kill.
Ask yourselves if you would sue someone who killed someone in your family and they were over loaded and that overload contributed to the accident, maybe even caused the accident.
Now ask how it would look like to the jury when both sides brings their $500/hour board certified experts to testify.
I personally have to sleep at nite, so any advice I'll give on these types of forums is to stay within your published specifications. Especially for those who have to ask because they don't know HOW2. Those who know HOW2 should know enough about design and margins. Meaning being one pound over GVWR won't have your wheels intantly and magicly fall off...they will...but not instantly.
-Ben Picture of my rig
1996 GMC SLT Suburban 3/4 ton K3500/7.4L/4:1/+150Kmiles orig owner...
1980 Chevy Silverado C10/long bed/"BUILT" 5.7L/3:73/1 ton helper springs/+329Kmiles, bought it from dad...
1998 Mazda B2500 (1/2 ton) pickup, 2nd owner...
Praise Dyno Brake equiped and all have "nose bleed" braking!
Previous trucks/offroaders: 40's Jeep restored in mid 60's / 69 DuneBuggy (approx +1K lb: VW pan/200hpCorvair: eng, cam, dual carb'w velocity stacks'n 18" runners, 4spd transaxle) made myself from ground up / 1970 Toyota FJ40 / 1973 K5 Blazer (2dr Tahoe, 1 ton axles front/rear, +255K miles when sold it)...
Sold the boat (looking for another): Trophy with twin 150's...
51 cylinders in household, what's yours?...
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smokeyjo

fulltimer

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Joined: 08/04/2003

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I agree with those who say that the bigger worry is not with law enforcement, but with liability. If an overweight RV was invovled in an accident, particularly a fatal accident, it would only take a smart lawyer to have the rig weighed. If a vehicle was overweight, it seems it would be fairly easy for the lawyer to make this an issue in a civil suit against the RV'er. The bottom line is that not overloading an RV rig and/or tow vehicle is essential to safety on the road, and will also ensure that the rig will last longer. It is to everyone's benefit to adhere to proper weight ratings.
Smokey & Pam 
04 Teton 39' Grand Frontier
03 Peterbilt 385
http://www.waterless-clean-n-shine.com
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NGRRFan

Colo. Spgs., CO

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Joined: 07/25/2002

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I was pulled over at random for a vehicle weighing. Colorado State police had set up a set of portables and were randomly pulling vehicles in. I got waved in, weighed, thanked and sent on my way. Most vehicles were commercial, but they were also hitting some RVs as well.
I was well within limits, not overweight (and never plan to be) so I don't worry about it.
Rich,and Tobi (the rescued dog)
Prowler 5ver, 84 Ford F250
KCOCOLOR78 Weather
Colo. Spgs. CO
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WTTCS

freedom , U.S.A.

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Joined: 07/28/2003

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I pull my 38 fter with a s-10, 6 cyl with chip enhanced oerfirmance and air shocks, 5er weighs in at 13400 loaded. I was pulled over in arizona and weighed and the dot kinda laughed and said what the heck, if you can pull it go ahead.
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TRAY

Boise, Idaho

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Joined: 04/25/2001

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Wacky.....Did I read your post correctly, S-10 6 banger pulling a 38 foot 5er weighing 13,400#? You can't be serious!
...T.Ray
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