Overweight Violation Question

I was stopped in NYS last week and received an Overweight Ticket and a Ticket for not having an overweight permit.

I had just finished loading a trailer full of hay bales at a local farm. I was on my way to the local CAT scales (5 miles away). I was pulled over by a DOT inspector about 1.5 miles from the CAT scales. He asked me if I had weighed yet- which I responded “No”. He was very pleasant and even stated that he realized it is difficult for us (Hay transporters) to judge weight, size etc. But then he wrote me up for being overweight. I was at 88000.

Here’s My Question: Can I fight this ticket because I had not scaled yet? My stance is that if I had been allowed to scale and seen I was overweight, I could have returned to the farm and off loaded some bales. The weight is really hard to judge as these bales can weigh between 40 – 75+ pounds a piece and they are hand loaded at about 800 – 850 bales per trailer.

Any advice is appreciated because the company I am hauling for wants me to pay the tickets as they are in my name. Thank you!

I suppose they expect you to load light, scale, figure the wt. per bale, and return for an add-on.

You can always fight this. Take it to court, if at all possible, explain this to the judge and it could be thrown out or reduced.

Thanks for the replies. I did send in the ticket marked Not Guilty and included my explanation. Does anyone know what the regs are for something like this? I will start loading light and bringing in under weight loads if that is what it takes (I get paid by the mile for All miles - doesn't matter load weight). But I think the company I am hauling for won't like it if I bring in 70,000 instead of 80000 or above.

Not sure if it matter, but I am an owner /op. But it is the company's trailers.

Raven,I have seen the fines for over gross in New York and they are quite insane.If you are going to fight the ticket get a lawyer versed in transportation law.In the past most over weight tickets weren't dismissed but there has been some recent case law in favor of the driver.One of these was that an enforcement officer must have a non-discriminatory plan has to why he weighed the truck.His plan would have to show that say, he weighed every third truck or every truck.He can't just pull you in to weigh your truck because it might look over weight.That would equal discrimination.For that rule,you can search NYS DMV Counsels Office.#2-08.Since your hauling hay and if it's feed for for domestic animals you are required by law to to have a certified weigh ticket in your possession by a licensed weigh master.This law is under the Dept.of Agriculture and Markets.The certified weigh ticket must be in your possession when traveling on public roadways.You might argue to the court that you were in route to the nearest public weigh station to satisfy this law.So again,a good lawyer might be able to get the ticket dismissed but it will probably cost as much for the lawyer as opposed to the fine.If you do lose the case you will probably be responsible for the fine because you are the registered owner of the vehicle unless your contract/lease agreement states otherwise.Last thing,was the officer certified to operate the portable scales?Have the scales been recently serviced and calibrated?These are all questions a good lawyer would present to the court and maybe a few more.

the rule of thumb is: always fight a ticket. You may lose, but if you don't fight it, you have already lost

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It dosen't seem right that he didn't give you the chance to scale it? I think I would fight this one. Good luck

Good news, overweight doesnt affect your DMV.. Bad News, the A hole should have understood you just loaded down the road. Ive only had one overweight ticket (California) 10 bucks per 1000 pounds. Its really nothing but a pain in the Buttocks. Learn from your mistakes and if you live in the Northeast maybe it would be financialy good for you to fight this ticket. I wish you luck, but I live on the west coast and its much easier to just pay the freakin fine! DRIVE SAFE

In my opinion the best thing for him to do is go to court and plead guilty. Usually the fine is then reduced.

To try to explain ANYTHING trucking related to a judge, such as the Bridge Formula, will just result in the judge humiliating you. As far as anyone besides other truck drivers are concerned, truck drivers shouldn't be seen OR heard.

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I disagree . He should have an attorney deal with the prosecutor before the court date . That will at least save him from having lost time from work .