i have a friend that is a Texas DPS officer i made a phone call to him this evening he told me he will find out from the license division and let me know
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In my area the DOT and state police with portable scales look at the OTR trucks much more than the local trucks.
A concrete company I use to work for would run trucks heavy all the time. Had to in order to make money and get the jobs done. Otherwise even with permits we could not deliver more than 6-7.5 yards of concrete per truck.
They would usually pull one of us in a year to hand out tickets, then we were good for the year.
The company would go to court on all tickets.
I went with them on one.
The Judge had never seen over weight tickets before.
They had dinged me for over gross.
Over weight axle.
And over weight registration.
Every ticket they could get me for. I was almost 14,000 over. We ran this way several loads a day every day.
At court the judge threw out 2 of the tickets and gave us a fine less than the lowest allowed on the one she kept. We paid 380 for the fine. Our total would have been right around 1 dollar a pound. ($14,000)
The local municipality's know that these company's need to run this way to be profitable, and the roads take the weight easy. This was in a 10 wheel straight truck. Or max gross weight in NY, with permits on that truck was 62,000.
I use to legally haul 85,000 in Maryland with the same trucks.
In OTR trucks I do not normally haul over weight loads, unless I have permits.
I will go back to the shipper and get it fixed, or I will refuse the load. When I was on Flats many times load refusal was not really possible. So I would have to get reloaded. But this did not happen often. In those cases it was normally me or the shipper would mess up slightly in how the load was positioned, so we would fix it. No sliding of tandems on a spread axle. You get it right or you fix it.
In Colo. overweights and most DOT tickets are zero point violations. I get two or three various ones per year and they jus tshow up as zero points, once they are are 3 yrs old, if I have no other violations, we send them a letter a and they remove them from my license.
My brother drives down in So. Cal. and he was stopped at the scales (Banning) for being overweight, but they didnt write him up for overweight they wrote it as "failure to comply" or something of that nature and he ended up with 1 1/2 points on his record
My DPS trooper friend called today.He spoke with a commercial vehicle enforcement officer he said that as far as he knows the overweight tickets do not count points on your cdl in Texas but the fines due escalate for each concurrent ticket.He is still waiting for a callback from DPS in Austin to verify this 100 percent,will keep posted
The points on your CDL are important, but starting in Jan 2010 FMCSA will also have a point rating system to grade drivers. All warnings, equipment deficiencies, citations, and accidents will be counted. They will stay on your record for 36 months and will move with you from employer to employer. If FMCSA rates you as unfit no carrier can hire you. The penalty would be to lose operating authority. Don't take my word for it, go to the official site and read it yourself. "CSA2010.COM".
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