393.118.3 (ii)

It is in the book. 393.118(d)(3)(ii)

The way its written is ambiguous.

I'm assuming this truck was hauling lumber in more than one tier. The officer is interpreting the law as applying to all of the spacers including those on the bottom of the load against the deck.

While I disagree with his interpretation I do understand why he might read it that way.

Unfortunately arguing with a cop who is unwilling to listen won't work. The only chance you have at getting out of the OOS on the spot would be to somehow find a trooper who out ranks the guy who wrote you and was willing to do something about it.

That section of the law could be easily be fixed with a few extra words added to say whether it applies to all spacers on a multi tier lumber load or only those between tiers of lumber.

People with common sense would realize that that section isn't talking about a 3x4 board that is very unlikely to tip. It's meant to keep Mills from trying to stack bundles on super narrow spacers like less that half as wide as they are tall.

I've hauled a lot of large pieces on blocking that is significantly taller than it is wide. It can be done but you need to be able to properly secure for lateral movement which you can do with just straps over the top like lumber.

I also have issue with how they were loaded. Go sit in your truck while we load you. Nah I'm good I'll just not take the load. This isn't a dry van I need to make sure it's done right so dumb stuff like this doesn't happen.

 

Never heard of this! We use 3x4’s all the time and I personally think that they’re stronger when stood up on the narrow side. Sometimes the blocks at the front and rear of the trailer need to be stood up on the narrow side to compensate for the camber of the trailer

 

Wow. Guess learn something everyday.. Thanks for finding that.. Id still submit a data q on that.. Seems like a pile of bs

 

Definately be on the phone with state dot headquarters working my way up the chain for sure... Oos over that is pure technicality - i have nothing better to do type of ########.

 

I agree that it's complete BS. That law is obviously meant to apply to super thin spacers that could easily tip over. The only way a hardwood 3x4 is tipping under the load is if the entire load move more than an inch upwards and the boards roll over. At that point the straps were already loose and a much larger issue.

It's almost one of those situations where I wonder if that's the full story. I have seen drivers get an attitude with DOT at a scale and that trooper will then make it their mission to find a problem.

I've also personally had AR highway police measure a load that was a few inches over my permit but everybody was being respectful from the start and he let us roll. He could've voided all the permits on the spot if he wanted.

 

One has to understand the motives of the individual officer.

 

True, I bet half the story is missing though. Attitude or lack of goes a long way...

 

May have had nothing to do with either party’s attitude.

Some enforcement officers have a list of obscure, little known or otherwise unenforced regulations.
They use these things as a way to create “ probable cause “ for lack of a better wording.
They use the fact that it is obscure to their advantage. They write a number of citations and get to collect fines. They are super heroes in their mind. Truth is most of these types are just miserable people. Misery loves company. Here’s you citation.