Overweight!

How did they just slide foward eight feet? Did you scale the load before you left the area? Or did you just take there word for it?

 

If you scaled the load, most companies will eat the fine if you have the ticket. You have proof you scaled it and can't always be responsible for a shifted load. Did you make a hard stop? Did you have an idea the load shifted? Were there anti skid mats in there? Did you quit or get fired? If the trailer was sealed, how do you know it was legal and balanced? I would NEVER take a sealed trailer of paper rolls with out first inspecting it before leaving the receiver so I can see how it is loaded.

 

Wrong, wrong and wrong.....Yes I have worked for companies that will pay an overweight fine but that was because they knew we ran overweight all the time since it was their commodity. On average, a company is not going to pay an overweight ticket due to driver or shipper error.The poster said the load was " legal Gross and balanced" ....but that it later shifted in transit. The fact of the matter is the driver was overweight no matter what the circumstances were meaning it's his ticket, period! Maybe the company, (Swift) I believe, will be nice and pay part or all of it but why would they be? It's the poster's fault. It doesn't matter if the driver stopped quickly or a magic fairy reached in the trailer with an invisible hand and shifted the load..It's still the driver's fault..............$3500 you say? My advice would be to get an Attorney or go to court without one and beg for mercy..In all fairness, I would think there's a good chance the Judge would reduce this fine at least some...It sounds excessive but then again who knows.

 

Research it, look for an Attorney that specializes in transportation or traffic. As far as leniency goes, that's unpredictable. The fine seems excessive to me but all commercial fines are excessive because that's what it's about, money....About 6 years ago I got caught for "unsecured load". I would have paid the fine since it was a $250 civil fine but....... the DOT charged me criminally which meant the fine could go as high as $13,000.. It was "up to the Judge's discretion" I was told. I didn't want to take that chance and hired an Attorney which resulted in a reduction to civil fine and a $250 fine...Oh yeah and a $550 Attorney fee. It's all a joke and if you get caught it's going to cost you..Good luck on the ticket.

 

talk to roadlaw. don't have their number but google should show something for them.

 

Plead "not guilty" and request a jury trial.

Some time B4 they go to "all the trouble" of selecting jurors & such, they will become interested in "making a deal".

Collect your evidence. Visit with the states attorney.

They will likely accept a plea to a lesser charge. Maybe bald tires or something.

 

smorgan87, did you keep copies of the BOL and the scale ticket? In your opinion was the load secured properly?

Final question: did you have an "event" while driving that would have shifted the load, like a hard braking event?

Paper loads are notorious for shifting. I've had them shift side to side, but never forward and aft. If you suspected that the load shifted, then it would have been best to immediately rescale the load and seek help in moving and resecuring the rolls (like finding the closest paper warehouse that might be able to do the job).

 

Road law 1-888-276-8000
endorsed by the OOIDA
ggod luck