As i said i know unladen means not loaded. Thats why I said the games that they play. For example when you can be 200 lbs over and officer 1 lets you by with a warning or nothing at all. But down the road your getting an over weight ticket for 200 lbs. Isnt over weight here the same as over weight there.
Overweight is up to the officer's discretion. Unladen is just that. If you are empty, have been released from duty, and are not attempting to stage your truck for it's next dispatch...basically just running around town in search of food/lodging/etc...then whether you're pulling a trailer or not, you aren't going to get a ticket unless the officer feels you're lying to him about your actual duty status in which case he'll leave it for a judge to decide. Cops can't redefine words on the side of the road. What you're claiming is that if a person was 79,800 gross with 11,940 on the steers, 33,880 on the drives, and 33,980 on the trailer, that the officer could write you a citation for overweight. You aren't, same as when you are not loaded you are unladen. Discretion doesn't mean they can write a ticket where no violation exists...only that they can look at the circumstances surrounding an incident (including the severity of the violation) and choose NOT to cite the violation. They can't make up the law.