Caught On A "NO TRUCKS" Road?

Discussion in 'Trucker Legal Advice' started by Tanksmuch, Dec 22, 2020.

  1. Tanksmuch

    Tanksmuch Light Load Member

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    Legally placed signs are required regardless of
    That's when I'd appeal as well as file a complaint against the judge. That's all I can do.
     
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  3. MTN Boomer

    MTN Boomer Road Train Member

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    Something I was told. If there is a factory on that road , and they have an 80, 000 lb permit. You are covered by the permit.
     
  4. NorthEastTrucker

    NorthEastTrucker Medium Load Member

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    Once caught in Maryland off the I95 southbound loaded on a side road (somewhere from the exit for Churchville, MA) where I didn't notice a sign regarding weight restrictions. They took me to a scale house that was located in the middle of the forest on side road for a weight. I was 15k lbs over weight and issues a ticket. Most of the signs in Ontario, Canada are posted Maximum 5 Ton per Axle. Since running to the U.s anytime I've always paid close attention to any side road weight restriction signs.
     
  5. God prefers Diesels

    God prefers Diesels Road Train Member

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    Yeah, that's the ones I'm talking about. Where the sign is a hundred feet or so after you already turned onto the road. I make my route in Google Maps, and then I trace the route against my atlas looking for restricted roads. Once I customize the route to my liking, I'm on my way. But I've still ended up on some of them. Here's an example. We traveled FM86 all the time when I was in the oilfield. Wireline trucks, cranes, frac pumps, water haulers, you name it. It's not in the atlas, but it is on the website the atlas tells you to go to for "other truck restrictions in Texas". So if you get busted on this road you get a ticket, right? Or no?

    86.2.PNG 86.PNG

    Edit: Here's the load zone website: Texas Load Zone
     
  6. Tanksmuch

    Tanksmuch Light Load Member

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    I'm not aware of any law that requires a commercial carrier to be solely responsible for pre-planning to avoid weight restricted roads. If so, then why do they put signs on the roads? I know that oversize and overweight and highly dangerous products have special routing... that's regulated. In Arkansas, our state laws say that the road signs (traffic control devices) are the ultimate authority.

    So you tell me... here's the purpose of traffic control devices as stated by the MUTCD (which all states abide by).

    Section 1A.02 Principles of Traffic Control Devices Support: 01 This Manual contains the basic principles that govern the design and use of traffic control devices for all streets, highways, bikeways, and private roads open to public travel (see definition in Section 1A.13) regardless of type or class or the public agency, official, or owner having jurisdiction. This Manual’s text specifies the restriction on the use of a device if it is intended for limited application or for a specific system. It is important that these principles be given primary consideration in the selection and application of each device. Guidance: 02 To be effective, a traffic control device should meet five basic requirements: A. Fulfill a need; B. Command attention; C. Convey a clear, simple meaning; D. Command respect from road users; and E. Give adequate time for proper response.
    The sign you don't see until you turn on the road, does not satisfy E.

    There are more places in the MUTCD that specifically talk about giving the road user or trucks an opportunity to avoid a prohibited road by either detouring or avoiding.

    These signs are basically "Detour Signs" and it gives notice to avoid, not notice that you're screwed.
    Again...

    Section 2B.59 Weight Limit Signs 06 If used, the Weight Limit sign (see Figure 2B-29) shall be located in advance of the applicable section of highway or structure. Guidance: 07 If used, the Weight Limit sign with an advisory distance ahead legend should be placed at approach road intersections or other points where prohibited vehicles can detour or turn around.

    Again...
    Section 2B.39 Selective Exclusion Signs Support: 01 Selective Exclusion signs (see Figure 2B-11) give notice to road users that State or local statutes or ordinances exclude designated types of traffic from using particular roadways or facilities. A. No Trucks (R5-2), C. NO COMMERCIAL VEHICLES (R5-4), D. NO TRUCKS (VEHICLES) WITH LUGS (R5-5), 07 The Selective Exclusion sign should be placed on the right-hand side of the roadway at an appropriate distance from the intersection so as to be clearly visible to all road users turning into the roadway that has the exclusion.
     
    Last edited: Dec 24, 2020
  7. God prefers Diesels

    God prefers Diesels Road Train Member

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    So if I'm understanding you correctly, I wouldn't be at fault for traveling along FM86 from my above post, correct? It bothers the hell out of me knowing I might end up on one of these roads, even after I put in the time to route plan. It's happened twice so far.
     
  8. Tanksmuch

    Tanksmuch Light Load Member

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    In my case the judge agreed with me and dismissed the state's case. I was 72,000 pounds on a 63,000 pound weight limited road, but the sign was on the weight limited road, not before it. I had no opportunity to avoid the road.
    So yes, I'd fight it if I were you. Doesn't cost anything to represent yourself and get a civics lesson in the process.
     
  9. scott180

    scott180 Road Train Member

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    In Atherton CA a garden shed starts at a million dollars. It's the rich area in the bay area. To get to the Full service gas station there you go down a avenue in a neighborhood. That's normal for gas trucks. But halfway down the road is one ##### block, just one block with a no truck sign. Can't turn down the narrower side streets or make a u-turn so a cop sits and waits to trap someone. I got lucky the cop wasn't there when I did it but one of our guys did get a ticket. All because some ultra rich folks don't want trucks driving by their house to their Full service gas station.
     
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  10. Tanksmuch

    Tanksmuch Light Load Member

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    Central Arkansas
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    That "no truck" sign requires an advisory sign at a place where a truck can detour or turn around. To be valid according the MUTCD
     
  11. scott180

    scott180 Road Train Member

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    It was a trap no doubt.
     
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