overweight tickets - Page 3 - Truckers' Trucking Forum | Message Board

Tip · **^ Top** #21 05.07.2008

I'm not saying I doubt anybody, but I've never heard of weight tickets being issued to any company. The driver is the one who gets penalized. I guess if somebody decided to carry a 500,000-pound dump truck around a scale house and got caught, the company would be held at least partly at fault, as the driver wouldn't be able to foot the fine. However, the driver would still be held accountable to some degree.

If companies are being held responsible, then drivers could simply refuse to rearrange loads in places like Cally as well. I never saw that. If the load is arranged badly and you're overweight on an axle, you will be expected to move it yourself if you get busted in California. I never saw reps from companies coming via helicopter to places like Truckee to rearrange loads. The driver was the one rearranging, as HE is the one responsible.

bigblue19 · **^ Top** #22 05.10.2008

Quote:

I can see that being legal. If you went to court, they would say they paid them on your behalf. They can say they never told you to run overweight. Even if they did, how can you prove it?

NO company can force you to run overweight, so what they tell you is a moot point. It does not matter in the eyes of the law , because you the driver are in control of the vehicle and have the responsibility to follow the laws in the states you travel in.

If you are picking up a heavy load in a area that has no scales around then you need to have a a waiver of liability faxed to the nearest scale you will cross or have a overweight permit.

gar-rose · **^ Top** #23 05.10.2008

Maryland must be behind the times. States found it easier to collect the money by citing the company. If they don't pay, then they yank their operating authority. I got one in Virginia as a newbie. They laughed and said don't worry it goes to your company. Same deal at the pleasant joint venture between Mississippi and Louisiana on I59.

Quote:

Originally Posted by MACK E-6

Maybe in your state, but not here in the Peoples' Republic of Maryland. Overweight tickets are written TO THE DRIVER here. Oh, the company can pay it if they feel so inclined, but they are always free to say "screw you".

dieselhound · **^ Top** #24 05.10.2008

Quote:

Originally Posted by bigblue19

NO company can force you to run overweight, so what they tell you is a moot point. It does not matter in the eyes of the law , because you the driver are in control of the vehicle and have the responsibility to follow the laws in the states you travel in.

If you are picking up a heavy load in a area that has no scales around then you need to have a a waiver of liability faxed to the nearest scale you will cross or have a overweight permit.

Did you read what I posted? I said PAID ON YOUR BEHALF, NOT TOLD YOU TO RUN IT!

Everyone knows NO company can make you run over weight.

bigblue19 · **^ Top** #25 05.11.2008

Quote:

Everyone knows NO company can make you run over weight.

Did not say MAKE, "to bring into being" I said FORCE "the use of power to impose one's will on another"

I had to give up a job at a flatbed outfit hauling roofing materials because they would try to force (the use of power to impose one's will on another)me to go around the scale houses on I-80 and I-880 in the bay area of Ca on overweight loads. They would make (to bring into being)other drivers who wanted to keep their jobs go around the scales.

So yes, company's can make (to bring into being) a driver run overweight and no they can't force (the use of power to impose one's will on another) a driver to do it.

Tip · **^ Top** #26 05.12.2008

Wow. This is the first I've ever heard of that. A company being charged for the overweight? No way. But I guess it could be true in some places.

What if you're a newbie who knows no better, are fine when you leave a dock with a 53 loaded with 44,000, but your rears are too far back? When you make yourself legal length-wise in a place like Truckee, does the company send a rep via chopper to the scales to hoof the freight forward, one piece at a time? The company is responsible, after all.

Highballin · **^ Top** #27 05.12.2008

Quote:

Originally Posted by dieselhound

I can see that being legal. If you went to court, they would say they paid them on your behalf. They can say they never told you to run overweight. Even if they did, how can you prove it?

Not sure if its legal.In some states the company has to have your consent before deducting anything from your check.Or keeping check.

dcedlr · **^ Top** #28 05.13.2008

You should definitely contact the wage and hour division of the state you live in and report them unless you signed a contract allowing them to pay for your tickets. They would need to have a power of attorney to do so. If you did not sign one contact the wage and hour people and they will get your money to you fast! If not you can collect damages and they are assumed you do not need to prove them. The government does not mess around in this area. Good luck.

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