I got a ticket for no brakes while going through the banning scales in california,i was driving a ford F550 pickup and hauling a bobcat on a trailer with electric brakes,the guy tried to give me unsecured load,low brake fluid ,trailer hitch worn,and brakes not working ,but the chp only wrote me for the brakes not working,i also had to have the traier towed back to the yard on a flatbed,when i got to the yard i found out the brakes worked and all it was was the gain was at 5 and it should have been at 9,is there a way to fight the ticket or should i just pay it?also a coworker said i should just go by the scales since im in a pick up.
no breaks on trailer ticket
Discussion in 'Trucking Industry Regulations' started by No5id3Fried, Nov 30, 2011.
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Depending on what the sign says. If its all trucks over xxxx lbs, than you must pull in. The DOT has no sense of humor for (real or perceived) scale dodgers.
You should definitely fight that ticket. Though checking the power level of your brake actuater should be something that is done frequently. -
Ca. scales almost always say "no pick-ups". Not sure if that's that particular scale or some of the signs have been knocked down and not replaced.
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Yes fight the ticket...
Secondly, how do they know the brakes didn't work? My best guess is that they checked the emergency battery and break-away on the electric trailer breaks. And if neither were there, or battery was dead, they write you a ticket... even if the brakes do in fact work. -
If the emergency breakaway system does not function properly, that in itself could be a ticket. It would be an out of service violation.dieselbear Thanks this.
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do ineed a lawyer to fight it?the way they tested it was have me drive forward and apply the brakes.
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You admitted they were out of adjustment. Truckers get tickets if their brakes aren't adjusted properly. Not saying you. but trailers like yours are one of the most neglected pieces of equipment on the road. Simply because construction companies are not in the transportation business. Inspections are minimal and things usually don't get fixed until they break completely. That said, he was probably teaching you a lesson?
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When I pull a load on my trailer I use the electric brake and engage it to see if the trailer brakes will stop the trailer/car. I do this about 5mph. If not then I adjust the gain till it slows down the combo, but not locking up the brakes.
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My guess is exactly what scalemaster stated. What regulation does the inspection report cite? 393.43 or 393.48? From my experience a trailer like you described would have the breakaway device activated to see if the emergency brakes work. Dead battery or no connection to the battery is the most common thing I find that render the emergency brakes useless. As for running by, be sure what that sign(s) say about who needs to pull in. Guys that run by generally get a lot of attention.
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I believe in Ca. if its a one ton and over with a certain weight ya gotta stop, but its been awhile.
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