Another "driving award"

Discussion in 'Trucker Legal Advice' started by sodbuster03, Apr 12, 2009.

  1. shredfit1

    shredfit1 Road Train Member

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    Correct if I'm wrong but, are you saying your oversize load speed limit was/is 55mph for Virginia only? Thus, you can drive the posted speed limits in other states?

    If so, isn't that like saying you can pee in this side of the swimming pool but not that side?
     
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  3. psanderson

    psanderson Road Train Member

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    Oversize/overweight permits are issued by the individual states. And each state may set the parameters of that permit within that state or commonwealth. To that end, his Virginia permit restricted him to 55 MPH just the same as many other states restrict the speed in the same manner. This is because of the varied and different laws in each individual state or commonwealth over and above any federal rules.

    Speed is not the only parameter these permits require/allow/restrict/permit either. There are many variances on individual state/commonwealth permits.
     
  4. shredfit1

    shredfit1 Road Train Member

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    So, you can pee in this side of the pool but not that side.

    Typical bureaucracy, it makes so much sense. :roll:
     
  5. Lilbit

    Lilbit Road Train Member

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    Oversize and overweight loads are an entirely different matter than regular freight.
     
  6. shredfit1

    shredfit1 Road Train Member

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    Are you saying 'State' laws are "over and above" Federal law? A state law can trump a federal law.

    A state court should then be allowed to 'overrule' or 'trump' the Supreme Court. I don't think so... Unless we had vastly different college gov't classes.

    :biggrin_25525:
     
  7. psanderson

    psanderson Road Train Member

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    Yes, it does make sense. But in order to understand it you must first take the time to understand the laws and rules. You must first understand that a law and a rule/regulation are two different things. But then it becomes more complicated and takes an understanding of law in and of itself before you can understand a rule and why your statement doesn't hold water.
     
  8. psanderson

    psanderson Road Train Member

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    I didn't state any such thing. Your statement fails to consider that there are federal laws and rules, then there are state laws and rules.

    Here's a simple one that perhaps even you may understand..........who sets the speed limit within an individual state/commonwealth? Answer: the individual state/commonwealth because the federal government does not regulate that by law. The federal government passed a bill and President Reagan signed it into law that removed the mandated 55 MPH speed limit in all states. Therefore the individual states/commonwealths may set that parameter within that individual state/commonwealth. The Commonwealth of Virginia has chosen to restrict the speed limit to 55 MPH on their overweight/overdimention permits. Other state may or may not be this restrictive.

    You must also remember that the federal law restricts the weight of a commercial vehicle to 73,280 pounds but there is no federal rule to that effect. How do you think you can get by with running 80,000 all day long and not receive an overweight citation?
     
    Last edited: Apr 13, 2009
  9. shredfit1

    shredfit1 Road Train Member

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    Yes you did say that, see my above quote.

    What happens when a state law/reg/rule contradicts a federal law/reg/rule? Whom trumps whom? If push came to shove, which law would preceed the other, or would state and federal enforcement arm wrestle over it(winner gets to enforce).
     
  10. psanderson

    psanderson Road Train Member

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    Lilbit.........I give up.
     
  11. redneck31

    redneck31 Light Load Member

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    He made my head hurt just reading his replies.:biggrin_2554:
     
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