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Old 01.15.2008
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Companies sue to overturn truck fines

Companies sue to overturn truck fines
1/15/08
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RALEIGH --

State troopers are too heavy-handed when writing tickets as high as $25,000 for overweight trucks, according to several trucking and heavy equipment companies that have sued to overturn the patrol's system of assessing fines.

Six companies filed lawsuits in Wake County against the N.C. Department of Crime Control and Public Safety, which oversees the highway patrol. They claim that troopers are illegally using lesser violations as a basis to decide that special permits for heavy trucks are totally invalid, allowing the steep fines. A judge has already sided with one company.
The complaint from the trucking companies, five of which are represented by the same lawyer, comes as the highway patrol has doubled its enforcement of the restrictions and begun writing tickets for sums near the maximum allowed.
The companies are asking to pay only the fines for the lesser violations, up to $1,000, and have the big fines -- ranging from $22,120 to $25,000 -- thrown out. The lawsuits also seek to have a judge declare the fines excessive and unconstitutional.
Patrol officials are unapologetic.
"We're not interested in how much money it generates," said Lt. Everett Clendenin, the patrol's spokesman. "We're trying to make the highways safe."
The state had long been lax about ticketing trucks that exceed the weight limits on state highways, according to a 2005 News & Observer investigation. Overweight trucks cause an estimated $130 million worth of damage to North Carolina roads each year, according to figures generated by the transportation department.
http://www.charlotte.com/business/br...ry/446781.html
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Old 03.22.2008
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As reported in Transport Topics 3/17/08, a judge in North Carolina ruled in favor of a trucking company. Earthmovers Equipment Co., Kylertown, PA, is entitled to a complete refund of a $22,120 overweight fine issued when a North Carolina state trooper invalidated its overweight permit because there were not enough escort cars.
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