Citation for overweight drive axle

Discussion in 'Experienced Truckers' Advice' started by expedite_it, Sep 25, 2023.

  1. expedite_it

    expedite_it Road Train Member

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    I am a company driver at a mega. I pull dry van trailers. A few days ago, I was hauling rolls of paper on the interstate. I was going about 60 mph in the right lane. Then a retarded truck driver driving in the hammer lane at approximately 30 mph ahead of me abruptly changed lanes into my lane without warning me ahead of time with his turn signal. I had to slam on the brakes to avoid crashing into his rear bumper. The freight in my trailer slid to the front of the trailer.

    Then I went into a weigh station in Virginia. I had both the trailer tandems and the 5th wheel all the way forward, and the drives weighed 39,768 pounds. The DOT officers issued my company a citation with a fine of $752. The DOT Officers told me that they were fining my employer, not me. So I emailed the citation to the Safety Dept at the company I work for. A Safety officer at my company emailed me back and said that drivers are responsible for all citations, and she asked me how I will handle this.

    As I said before, the DOT Officer said he was fining my company, not me. But the Safety officer said I have to pay the fine. How should I handle this?

    If DOT issues a citation for an overweight drive axle, who has to pay the fine, the driver or the trucking company?
     
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  3. Jubal Early Times

    Jubal Early Times Road Train Member

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    Your driver’s license is assigned to the ticket. If the fine isn’t paid it will be you they come after. The ol’ I’m fining your company and not you BS. Yes the ticket is written against your company but it’s your license on the line.

    Hire an attorney and take it to court. Or take it to court yourself. The attorney will likely be more than the fine. The commonwealth will usually settle, but they will drag it out.
     
    Last edited: Sep 25, 2023
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  4. Jubal Early Times

    Jubal Early Times Road Train Member

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    There is no moving violation points assigned to it. So you may choose to just pay it. I’m willing to bet the company will work out a payment plan. I also believe the state will as well.
     
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  5. expedite_it

    expedite_it Road Train Member

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    I am a member of US Legal Services. But they only help drivers for moving violations if I recall correctly. I wonder if US Legal Services will help me with this.
     
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  6. Lennythedriver

    Lennythedriver Road Train Member

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    I assume you were hauling those large rolls of paper that they load upright and weigh about 4000 pounds each? Be careful, I saw a driver get killed by one of those when it came right through the trailer into his cab and fell on him. That said, unfortunately, the weight scale ticket as his most all companies policies will be your responsibility. I’d just pay it and move on with life.
     
  7. Jubal Early Times

    Jubal Early Times Road Train Member

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    Worth a call.
     
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  8. buddyd157

    buddyd157 Road Train Member

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    that's a driver fine all day long...it wasn't defective equipment, it was defective driving.
     
  9. expedite_it

    expedite_it Road Train Member

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    When this driver was killed by a roll of paper crashing into his cab, was he driving a day cab or a truck with a sleeper berth?
     
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  10. Jubal Early Times

    Jubal Early Times Road Train Member

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    I received a 9750 dollar over weight ticket in Virginia once. I hired an attorney for a grand and the state settled for $500. Good luck
     
  11. buddyd157

    buddyd157 Road Train Member

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    won't matter...i drove both trucks..4,000 pounds is moving and not stopping easily.
     
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