Fighting an overweight ticket

Discussion in 'Ask An Owner Operator' started by TaylorQuality, Aug 15, 2023.

  1. TaylorQuality

    TaylorQuality Bobtail Member

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    Let me say first, I UNDERSTAND THAT ULTIMATELY IT IS THE DRIVERS RESPONSIBILITY TO MAKE SURE WE ARE NOT OVERWEIGHT. However, it is impractical to think that we will weigh ourselves every time we pull out of a shipper. We only do this if anything has led us to believe we may be overweight. In this instance, we thought we were carrying around 6000lbs(this is a box truck with a capacity of 8800lb). Everything on the BOL matched what was loaded, and the shipper told us that the weight is calculated by the computer based on what is put on the shipping manifest. We had no reason to suspect anything. At the weigh station, we were calculated to be about 11000, 2200 over what we could legally carry. The officer took our plate off of the truck and said we had to get a complete new one, then return to that weigh station within 48hrs with it or face another ticket(or hire a tow). We immediately go to get another plate and were told we could not get another 26000 plate, even though our truck could not carry over that. We were MADE to get one for 33000. Fast forward a month and we get pulled over for having a 33k plate without a IFTA sticker. We try to explain to the officer we don't qualify for IFTA because our truck doesn't carry that much weigh, but of course he says our plate says otherwise. So now we are sitting with 2 violations on our record, which is costing us in tickets and brokers not wanting to work with us.

    I just feel like this is a big consequence for us, a small one truck company, for the mistake and probably intentional overloading from a shipper. Is there anything that can be done? We still have our day in court and if we can get it thrown out, can we also get it off our safer record?
     
    BillyBobFrank Thanks this.
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  3. tscottme

    tscottme Road Train Member

    What is the Gross Vehicle Weight Rating (GVWR) on your truck? There will be a a sticker or data plate attached to the truck frame or door frame.
    Will you trust the weight on the Bill of Lading next time?
    The only thing you can do is comply with both tickets and ask the judge for mercy. Not getting the IFTA, etc will just show the judge you refuse to comply if the two tickets are valid tickets. As a commercial operator you were supposed to know the rules before you had the situation. You are held to a higher standard and you get paid for providing a service.
     
  4. TaylorQuality

    TaylorQuality Bobtail Member

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    Our GVWR is 26k, that is why I say we cannot go over that. I found out we can get new plates for 26k again, so we should have the correct plates and no longer require IFTA by the time we get to court. I understand ignorance is not a defense, but we thought we had a good understanding of the rules, in fact we are pretty diligent about it, or so we thought. We knew our 26k truck did not qualify for IFTA, so why would we think anything otherwise, esp when that was the only plate the SOS offered us at the time of purchase.
     
    77fib77 Thanks this.
  5. Concorde

    Concorde Road Train Member

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    West Melbourne Florida
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    What state and do you cross state lines?

    Seem crazy that an officer took your tag off..never heard that one before.
     
    Sons Hero, Magoo1968, Hatt91 and 10 others Thank this.
  6. TaylorQuality

    TaylorQuality Bobtail Member

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    We primarily stay in MI but were crossing into OH that day.
    Yes, most people we speak with say they've never heard of that either.
     
    TexasRiverRat and 77fib77 Thank this.
  7. prostartom

    prostartom Light Load Member

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    Why would they take your plate and then make you drive the vehicle with no plate to get another one, makes no sense to me. Did the driver have a CDL? We have got caught overweight a few times and it's only ever been a fine. We only had to go get the load one time and that's because that particular driver had no CDL.
     
    Opendeckin and tscottme Thank this.
  8. TaylorQuality

    TaylorQuality Bobtail Member

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    No, he has no CDL and this is a non CDL truck. The broker we were running for sent another truck to offload us, but they took the plate anyway. He had a friend go pick him up, he was only a few hours from home, and drive him back the next day with the new plate. We are in the process of fighting the fine now, as the officer who inspected us said it was worth a try with the judge in that particular county.
     
    BillyBobFrank, 77fib77 and tscottme Thank this.
  9. tscottme

    tscottme Road Train Member

    Buy some portable scales and bring them to court and argue you have learned your lesson and will never trust the weight on any BOL again. Maybe the judge shows mercy. Are there substantial mistakes on the tickets which will get them thrown out, like misidentifying the vehicle or the driver? In which state did this happen?
     
    Siinman Thanks this.
  10. TaylorQuality

    TaylorQuality Bobtail Member

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    I don't think so but I will def look.
    Michigan
     
  11. abyliks

    abyliks Road Train Member

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    I have never heard of loosing a plate, overweight by less then 10k has always just been a fee to the crown and continue on,
     
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