Anyone gotten a warning for Overweight Vehicle?

Discussion in 'Trucking Industry Regulations' started by pans858, Feb 8, 2010.

  1. pans858

    pans858 Bobtail Member

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    First, Greetings, and thanks in advance for any help. I’ve just registered, and am sending this to several forums where I see similar topics have been discussed.

    I got a ticket in NC for a very slightly overweight vehicle/trailer combination (dealership made an error on the weight registration and provided an affidavit); I am appealing. The state’s prosecutor stated that warning tickets are not given for this violation (not true) and the judge gave me 30 days to see if I could find any documentation that warning tickets have ever been issued in lieu of a citation. She prefers to see written warnings rather than hear of oral warnings. If you know of anyone who’s gotten one, could you pass that along? Not trying to reopen old discussions, or even discuss this event, just need to find out if anyone ever got a warning for overweight instead of a ticket.

    By the way, I’m non-commercial, just an F250 w/17’ tandem enclosed trailer. SHP says they can give warnings for anything, as we know, but they would not provide examples. One weigh station guy suggested talking to truckers to see if I could find an example. If you know of anyone who ever got a warning instead of the green stamps, how about chime in?
    Thanks
     
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  3. coastie

    coastie Road Train Member

    Years ago (Late 90's) I gotten warning in Georgia but never in NC. Each state have their own different ways of doing things.

    Louisiana had me slode the tandems and if I could fix it, they would give me a green light, if not then gotten a ticket. I was able to slide it and gotten the Green Light.

    Every time I been heavy going through NC the Scales been closed..
     
  4. pans858

    pans858 Bobtail Member

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    Feb 8, 2010
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    Yeah, that's what I've been finding...sometimes you get a break and a verbal warning, but so far I haven't been able to turn up any written warnings. I wonder if that's due to the fact that in order to weigh you, they've already made computer entries and set up the system, so they just don't give any leeway. In a sense the law allows 500 lbs if you interpret the statute in that sense (less than 500 lbs not counted, over 500 lbs requires the next 1000 lb weight tag). Thanks for the reply, anybody else??
     
  5. Grouch

    Grouch Road Train Member

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    I have never heard of any written warning for overweight. I have been told that, "hey driver you are a little over, but go ahead and don't buy any fuel before the next scale". A written warning, I don't think so.

    A word to the wise, you are dealing with N.C. and in recent years, this state has gone "crazy". Trucks are profiled and targeted. In my opinion, you might as well pay the fine and accept the verdict, you are not going to win.
     
  6. coastie

    coastie Road Train Member

    In the 90's they did give me a written warning in Georgia. Could I show it now? No sorry I did not hang on to them. Things can be different now.
     
  7. lonewolf4ad

    lonewolf4ad Road Train Member

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    I am confused, when did you get the ticket? If you got the ticket that isn't a verbal or even written warning but a citation. If you weren't given the ticket at the time of the incident then why did you later get a ticket?
     
  8. Gotitmadecij

    Gotitmadecij Bobtail Member

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    I am real confused, I was a NCSHP MCE (S&W) Sergeant (ret in 2006) and our weight citations were civil citations (not carried to court) and we never wrote warnings for being overweight( although I guess it was possible, we tried to get the driver on the way asap after weighing). Usually if you were over, you received a overweight citation,if not over you were thanked and allowed to continue, unless we performed a MCSAP Safety Inspection. If you wished to protest the citation , you first had to pay the citation and then note a protest with your payment. The protests were handled in Raleigh. I never knew what was done after I wrote the citation, unless the hearing officer called for additional information. I cant tell you what changes have occured since I retired.
     
    dieselbear Thanks this.
  9. dieselbear

    dieselbear Road Train Member

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    As one who has never written an overweight warning I guess I don't have much input. I do allow a tolerance over the weight allowed, but have never written a warning for the violation. I have done what some have posted on here. "Hey your 250 lbs over on the drives, don't get anymore fuel." But my question is how much overweight were you?
     
  10. lonewolf4ad

    lonewolf4ad Road Train Member

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    Seems many of us have questions about the event and no further information is coming so far
     
  11. driver4015

    driver4015 Medium Load Member

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    I just got a "warning" ticket for 550# at the northbound scale on hwy 97 here in oregon last week. No problems.
     
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