Over Weight Ticket

Discussion in 'Trucker Legal Advice' started by Arial, Dec 15, 2012.

  1. Arial

    Arial Light Load Member

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    Sep 11, 2012
    California
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    I received in the mail on Thur Dec 13th 2012 a notice on an over weight citation that happened back on Oct 1, 2012. I had sent it to my company, (Werner) and did not think anything more about it. This notice states that I missed court and now if I am not in court by Dec 20th or bail paid of $170.00 I will get an arrest issued. I did not get any other notices till this one and was told that the company would handle it. I called safety and they said I need to pay it then they would pay me. Only if I pay it over the phone I get no receipt for it. Plus it was a short pay check due to the fact this truck breaks down every other week.
    What if anything can I do?
     
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  3. 48Packard

    48Packard Ol' Two-stop Shag!

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    Pay it ASAP. Deal with the details afterwards. The details won't rob you of your living. Non-payment might.
     
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  4. twolane

    twolane Medium Load Member

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    Dec 16, 2010
    Arizona
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    Pay the ticket no matter what yourself!

    Collect the money back from Werner if you can. (they probably won't pay you as you are the one that shoulda made sure you wern't overweight)

    Pay the ticket!
     
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  5. Arial

    Arial Light Load Member

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    Sep 11, 2012
    California
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    So, how does a driver know how much it weights? Remember I am not the driver but asking for the driver.
     
  6. ladywrongway03

    ladywrongway03 Heavy Load Member

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    Aug 28, 2008
    trotwood oh
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    you pick up a load and then you have to go to truckstop and weigh it out.In some cases Werner will tell you to run a heavy load and if your caught they will pay ticket.I always hated those dog food loads,but with csa 2010 I dont haul nothing overweight
     
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  7. twolane

    twolane Medium Load Member

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    Dec 16, 2010
    Arizona
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    9 out of 10 times the shipper will have the weight of the product (load) shown on the BOL. It's usually pretty accurate for dry freight like dog food for instance. They will almost never overload you but they can sure not distribute it properly causing an overweight axle. Not over gross weight, but over-axle.
    It's the drivers responsability to weigh the rig,,,and get axle weights right by either sliding the trl. tandems, or 5th wheel. If he can't get right, then back ya go to the shipper and have the whole thing reloaded properly. Bottom line,,,it's the drivers responsability.
     
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  8. Arial

    Arial Light Load Member

    73
    33
    Sep 11, 2012
    California
    0
    Thank you so much everyone.
    Would anyone know how many point it takes off your license for being overweight.
     
    Last edited: Dec 15, 2012
  9. twolane

    twolane Medium Load Member

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    Dec 16, 2010
    Arizona
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    I don't know but not many I'd expect as it's not a big safety issue. If it's just an "overaxle" ticket I wouldn't worry much about it. Some expert here can tell ya but weight tickets usually ain't a big deal. It will count tho so don't do it again! ;)
     
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  10. pokerhound67

    pokerhound67 Heavy Load Member

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    Oct 30, 2012
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    it is the driver's responsibility to ensure he/she is not "overweight"...if there is any question..ie if the bills show you are close to maximum weight, or close enough that youre unsure of the axle weights being ok, you must go to a scale, most of which are found at truck stops. most companies pay for all scale tickets a company driver deems it necessary to get. most drivers, myself included, only scale a load when they are really close to maximum, and a consequence of that may be you end up overweight on one or another axle, and may end up with a ticket. most companies would tell you thats the driver's responsibilty to pay, however, doesnt seem to be the case here. in any case, a warrant for arrest for NOT paying a ticket WILL be the drivers fault, no matter who said theyd pay the fine. and it may earn him a suspended license, which will in turn earn him a one way ticket to unemployability for a significant amount of time. this is a HUGE deal...pay the darn ticket, and if and when the company decides to fork over the cash, great. if not, you are out a couple hundred bucks, but you still have a job, and still have the ability to find a new job as a driver. which,by the way, id be looking for asap if i had more than a couple issues with breakdowns and company didnt get me into a different truck.
     
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  11. twolane

    twolane Medium Load Member

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    Dec 16, 2010
    Arizona
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    ABSOLUTELY NAILED IT! Well said.
     
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