my load was a no touch, no look,dont get out of truck, load, as ususal. I was loaded in Iowa and went thru plenty of weigh stations.
somehow i am 1100 over weight in ca. approx 50 miles from unload destination. got a ticket and had to break the seal to redistribute
the cargo. I dont feel that i am responsible for the ticket since i cant even see the load . its loaded doors sealed and i only know what paperwork says.
I think i should fight this ticket.. as not my responsilbility ..... i am very curious about the accuraccy of the scales ,
that we all pass thru daily if i was overweight why didnt it show up at any other scales between Iowa and CA. So iam wondering if i can win if i fight that ticket..
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overweight ticket on axel had to break seal to redistribute load!!
Discussion in 'Trucker Legal Advice' started by davidx109, Aug 10, 2013.
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That's interesting. Were you over gross by 1100?? Axle?? I would weigh it before you unload at a certified scale if possible.That way you have something to prove the CA scale inaccuracies (which I doubt.) it really doesn't matter what the circumstances are. If the CA scale is correct it's your ticket. You can argue with the company but you accepted the load as is and chose to run with it. It's your ticket.
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Sorry just read the axle part. Maybe it shifted during transit? If so still your ticket.
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There are a number of reasons why you could pass by some scales and not others. I always run by the scales on I95 to the scale on US1 for this reason. Both are always open during weekdays. One is run by three good old guys, and one is run by people desperately trying to earn their chops.
Do you have a cat scale receipt that has your axle weights? You are going to have to have proof the weights were correct. Do you have a cat scale receipt for your axle weights after you got the ticket? You are going to have to have something if you are going to take it further. Contacting a lawyer is always a good first step if you do want to take this to the next level. -
you know there isn't a cat scale receipt or the thread wouldn't be started
or the driver changed tandem position for Ca bridge law
todays society no one responsible for anything -
You should have scaled before hitting the road. It's your ticket and in commifornia you have a 2% chance of beating it. They want their money.
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as not my responsilbility Wrong it is yours you are responsible no matter what, if you pull it You are. Always scale out the load over 30K and if in doubt.
Breaking the seal not that big of an issue. Done it before. I loaded in Dallas Tx going to San Jose CA. Scaled out in Fort Worth and shifted my axle to adjust. Least I thought. SO I did not rescale. Made it to AZ and got a ticket. Ok I made a mistake. Made it through NM scales but not AZ. I called dispatch They Notified the receiver and said Break the seal and shift load. I was able how ever to go to a truck stop did not have to do it there at the weight station so I was able to rescale it, which I did at 2 different TS then I used a strap to a pallet and draged it to the door and then another. Got the weight legal and went on my way. -
The bottom line is that it doesn't matter if you can see the load or not. It is your load and your responsibility the moment you sign for it. Scale the load as close and as soon as possible after picking up the load. If you have a problem then immediately go back to the shipper and have them rework the load. That is really fundamental for trucking.
If for any reason you get tagged at a weigh scale you will then have a certified CAT scale showing that you are legal. If it is close and you have room to move the trailer tandems often the scale house folks will allow you to move the tandems and rescale without getting a ticket if you have weights on a CAT scale showing you were legal on that scale. If you don't have a certified scale ticket to show them, and if you gave them an attitude that "it wasn't my responsibility", then I can certainly understand why they issued you a citation, perhaps to help reinforce the concept that it IS your responsibility. -
Pay the ticket, promply.
Retain the proof of payment, for a very long time, years......'olhand Thanks this. -
even though you can't see the load doesn't mean squat. im sure the scale couldn't see your load when they told you you were overweight. sorry but its your responsibility to make sure that your axle weights are legal
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