I'm not saying I doubt anybody, but I've never heard of weight tickets being issued to any company. The driver is the one who gets penalized. I guess if somebody decided to carry a 500,000-pound dump truck around a scale house and got caught, the company would be held at least partly at fault, as the driver wouldn't be able to foot the fine. However, the driver would still be held accountable to some degree.
If companies are being held responsible, then drivers could simply refuse to rearrange loads in places like Cally as well. I never saw that. If the load is arranged badly and you're overweight on an axle, you will be expected to move it yourself if you get busted in California. I never saw reps from companies coming via helicopter to places like Truckee to rearrange loads. The driver was the one rearranging, as HE is the one responsible.
overweight tickets
Discussion in 'Report A BAD Trucking Company Here' started by hunternsc, Apr 30, 2008.
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NO company can force you to run overweight, so what they tell you is a moot point. It does not matter in the eyes of the law , because you the driver are in control of the vehicle and have the responsibility to follow the laws in the states you travel in.
If you are picking up a heavy load in a area that has no scales around then you need to have a a waiver of liability faxed to the nearest scale you will cross or have a overweight permit. -
Maryland must be behind the times. States found it easier to collect the money by citing the company. If they don't pay, then they yank their operating authority. I got one in Virginia as a newbie. They laughed and said don't worry it goes to your company. Same deal at the pleasant joint venture between Mississippi and Louisiana on I59.
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Did you read what I posted? I said PAID ON YOUR BEHALF, NOT TOLD YOU TO RUN IT!
Everyone knows NO company can make you run over weight. -
Did not say MAKE, "to bring into being" I said FORCE "the use of power to impose one's will on another"
I had to give up a job at a flatbed outfit hauling roofing materials because they would try to force (the use of power to impose one's will on another)me to go around the scale houses on I-80 and I-880 in the bay area of Ca on overweight loads. They would make (to bring into being)other drivers who wanted to keep their jobs go around the scales.
So yes, company's can make (to bring into being) a driver run overweight and no they can't force (the use of power to impose one's will on another) a driver to do it. -
Wow. This is the first I've ever heard of that. A company being charged for the overweight? No way. But I guess it could be true in some places.
What if you're a newbie who knows no better, are fine when you leave a dock with a 53 loaded with 44,000, but your rears are too far back? When you make yourself legal length-wise in a place like Truckee, does the company send a rep via chopper to the scales to hoof the freight forward, one piece at a time? The company is responsible, after all. -
Not sure if its legal.In some states the company has to have your consent before deducting anything from your check.Or keeping check.
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You should definitely contact the wage and hour division of the state you live in and report them unless you signed a contract allowing them to pay for your tickets. They would need to have a power of attorney to do so. If you did not sign one contact the wage and hour people and they will get your money to you fast! If not you can collect damages and they are assumed you do not need to prove them. The government does not mess around in this area. Good luck.
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No they cannot take your check without you having signed a fine agreement that states they can and even if you did that they must by law inform you of their intent.
They sound like the last company I was with Mega Gulf Cost lines out of Grand PRairie Texas. The company will try to B.S. you and say it is their right to do so, but any and all agreements must be made in writting and signed off by you. Any agreement they make among them selves will always be against you the driver. Your recourse is always going to be at the level of law file with your states attorney general and with you states work commission if it is not in the states of texas the state of texas has the texas work force comission or as i like to call it the texas employers protection commission. hope this help and good luck the law is more on your side than theirs also if you have a legal aid office in you town or county at little or no charge they can advie you or maybe a lawyer will take it on a percentage basis. -
It only depends on what The driver signed in Orientation. If he did not sign anything allowing the company to deduct damage or fines out of his check then I would say that they don't have the right to take the fines out of his check.
He will have to file a claim with the state Labor and Industries claiming he was not paid for work performed. Then if the company responds that the money was deducted from paycheck, he could have them show documentation that he authorized it.
If he did nor sign away his rights the company could be forced to pay him his money back and seek the money for the overweight fines in civil court.
And again if you are DP on a heavy load to a location that has no scales in the area before you go thru the scale house then you get a release of liability or you don't haul it without realizing you might have to pay a fine
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