failure to secure load

One of our drivers got a failure to secure citation at the Dalton scale. It got dismissed. The rule by the handbook when dealing with an enclosed trailer is the load must be secured if it would cause the truck to become unstable if it were to shift. I think GA is trying a new way to generate revenue.

 

Failure to secure load seems to be a bit "off", and he may have cut you a lot of slack considering some of the other potential violations he could have possibly used. Was this a result of an accident where another object or vehicle was struck to cause this or did it simply decide to go for a walk by itself while you were innocently going down the road?

 

Maybe you shoulda secured your axels better. jk, I don't know the law in GA, but it seems to me that if the load didn't shift, it's kinda hard to make a case for it being unsecured. But rationality and common sense has never been a high priority when writing laws for the trucking industry.

 

If you want it reduced, changed and or thrown out ( dismissed ) you will need an attorney. You will have to hunt for the right one. My guess is they used the wrong statute. In other words they are charging you with a violation you did not commit. They can not do that legally. But you have to get the right lawyer. Call the Bar association for that area. Do not try to represent yourself.

 

nothing wrong with representing yourself. very easy to do these days. thanks to google.

look up the code for that state on the citation and google it. chances are pretty good you'll find the state law and some wording in there you can go to court on and it will automatically be dismissed. even take pics.

i once got a ticket for not covering my load. i googled, printed, and went to court. was a no brainer for dismissal. and i didn't have to hire an attorney.

 

The citation would only be correct IF a loose/unsecured part of the load CAUSED the axle to fall off. I wouldn't think that happened in this case.
Although the citation is legally incorrect, as STexan said, it is actually far less serious a citation, than one's that would be correctly applicable to the "incident".
An axle is part of the motor vehicle equipment, not load. I would take this citation as a HUGE break for you.

 

How do axles fall off? But axles aren't cargo. You should of been written up for something like malfunctioning equipment or failure to inspect equipment. Something like 393.201 Frames and axle attachment. Securement has nothing to do with the axles coming loose. You can beat that.

What is the violation number on the ticket?


Keith the rules say the load had to be secure where it doesn't move anywhere including backwards.

 

Is it possible that you forgot to check the pins on your tandem axle? I have had an axle slip even though I checked and pins were out and handle locked. Luckily I was only going 15 mph when it slipped. Just asking.