I think the best option is to tell that team to go back to the trailer and deal with it...if they refuse then they can sit until they do their job.... if they decide to quit over it...ding their dac report so any other employer can see what this team did and it will make others Leary about hiring them. there's absolutely NO excuse for what they did..by what was reported they knew all along they were over weight & over length.
Thats great that swift did that...good job...it's unfortunate that their are just too many drivers in this industry that have the I don't care atiitude & leave it for others...those drivers need to be dealt with accordingly.
@42.5 the load was not over gross. Break the seal? Split the load? Why all the drama? All the OP had to do was: 1) Not touch the trailer and immediately tell the carrier, which documents the situation and protects the OP. 2) Tell the scalemasters--the load has to be legal to leave the scale and they'll let you do what it takes. They'll know the OP didn't bring the trailer in @41 feet and they've probably seen this kind of thing many times. They know the OP came in bobtail. If Swift catches a fine, that's not the OP's problem. 3) Slide the tandems one foot (how hard is that?) and cross the scale. (But let Swift think it's their idea--what else are they going to suggest? Document it.) Maybe slide again if that doesn't do it. If weight over an axle group is still a problem and 5th wheel/tandem adjustments don't fix it, then you can talk about splitting the load or shifting the cargo. That's not the OP's call or his problem. CHP and Swift will take care of it. In short: hook a loaded trailer and pretrip; slide tandems to make everything right; scale it; roll on down the road, deliver, and get on to the next load.
I got a written warning for being a foot over the 40' rule in California at the scale house on the 99. When they pull you in for a level 1 or 2 they always get the measuring tape out.
Are you thinking, "If you want something done right, you gotta do it yourself," yet? You should of just asked the DOT in the scale right from the get-go. No need to waste time as they have the final say if you are leaving or not. If they tell you that trailer isn't going anywhere, there isn't much you can do. May as well leave it there as you did not cause the problem. It would be no dirt on you to leave bobtail. The blame lies squarely on the team that didn't do their job correctly in the first place.
you see, here's the thing. If you show up to repower a 42.5k load in CA with tandems at 41, you know that it's going to be over weight at 40 feet. That's the only reason someone would roll with it at 41 instead of 40. and, I did in fact do all that you mentioned. If scale master told me it wasn't moving, the only option would be to split the load. Luckily for everyone, he let me go. It was just over 35k on tandems when I set it to 40 and crossed the scale.
Who drops a trailer at a scalehouse? It sounds more like an OoS? It sounds like someone was passing the buck. Pull the experienced driver off it and let the newb deal with it. Thanks there ol' buddy! Good you got it worked out. They ought to give you at least an ataboy!
That's exactly what it was. The team got pulled in for being over and dropped it and bobtailed out. Why SWIFT let them do this is beyond me, but someone, somewhere approved it.