Received ticket for ice falling off trailer in NJ

Discussion in 'Experienced Truckers' Advice' started by HardlyWorkingNeverHome, Jan 24, 2009.

  1. HardlyWorkingNeverHome

    HardlyWorkingNeverHome Heavy Load Member

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    Has anyone else received a ticket for ice falling off of their trailer in NJ?

    My ticket is STATUTE 39:4-77 "Loading so as to spill"

    I've done a little research, and it seems NJ is improperly using this statute to cover ice as well as what it was originally ment to cover. When they issue this ticket, there is no price to pay attached, and you are required to call the court.

    In my case the court only gets the tickets in once a week and the woman on the phone couldn't even quote me a price till next week! I recieved this ticket on I-78, 3 miles west of the new scale on the west boundside.

    To be clear, I only had a small portion of ice about 1/4 inch thick and 5 feet square shift. It probably came from the center of the trailer (which I couldn't see on my pretrip) and slid off on that extremely rough portion of that god awful road if indeed anything fell off at all. When I was stopped I did notice some ice hanging off the rear left side.

    I was wondering if anyone else has received this ticket and how much they had to pay. I'm also wondering if anyone has fought this ticket. At the very least this post serves as a warning about what you can be stopped for near the new scales. I've never had a problem in 11 years with snow (and I mean lots of snow) in the past on my trailers.
     
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  3. Les2

    Les2 Road Train Member

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    You should be able to beat it being you didn't load the ice on the top of your trailer!!
     
  4. RickG

    RickG Road Train Member

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    OSHA laws prohibit working at that height without fall protection . You cannot clean the top of a trailer unless you have a harness and are working from a platform or manlift . Employees must also receive certified training in use of fall protection equipment .

    http://www.osha.gov/SLTC/fallprotection/standards.html
     
  5. 1pissedoffdriver

    1pissedoffdriver Account Retired at members request

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    Look man.You are from the east coast.I am from n.y..Its a sham man...The states are screaming for money right now,you should no this...They don't care about ''laws'' or ''osha''...They just need your cash...lol

    ITS SIMPLE AND YOU SHOULD NO THIS....THEY GOT YA BY THE BALLS...

    1- PAY IT

    2- GO TO COURT AND FIGHT IT

    3- CALL A ''crooked'' nj lawyer

    thats your choices....REAL SIMPLE...........LMAO

    NEW JERSEY MAKES LAWS AS YOU GO AND YOU PAY AS YOU GO....YOU SHOULD NO THIS...LMAO
     
    Last edited by a moderator: Jan 24, 2009
  6. GasHauler

    GasHauler Master FMCSA Interpreter

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    It is a messed up law but you can find the same law in any state. They say you are responsible for anything that falls off your truck. It's like having mud flaps on the axles. If there are not there or cut short then you can be held accountable for rocks flying up. We've addressed this law before and there were alot of good ideas. One I think would work would be like what they do for airplanes. You could roll under a rack and they spray deicing material on the truck. Anything other than something like that would unreasonable. I'm sure the company doesn't want you up on top of the trailer clearing ice or snow off. It's a law that needs to be changed to be reasonable.
     
  7. Roadmedic

    Roadmedic Road Train Member

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    The company would prefer you not to be on top of the trailer to clean it. Right.

    This is the same company that wants you to be legal, but is upset when the load cannot be delivered like they want because it cannot be legally done.
     
    Mighty Mouse Thanks this.
  8. IROCUBabe

    IROCUBabe Road Train Member

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    And then fires you when its late.
     
  9. doubledragon5

    doubledragon5 Road Train Member

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    I would fight it that is just plain crazy.. It is like a guy a work who's son got a ticket for a burned out headlight $175 fne..
     
  10. dieselbear

    dieselbear Road Train Member

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    I have never written a citation for this, or any of the ones I work with as far as I know. I know what would work and someone has probably thought of it, designed or whatever. Some kind of brush that is elevated and you pull the truck and trailer through the elevated brush to clean the top. Seems to me that would also work, maybe in conjunction with a de-icer.

    I know I have seen the snow/ice fall off numerous times but how the hell is a driver going to get it off without hurting himself badly. I don't know what the local courts in NJ will do with that but I think you have a valid point that you didn't load it and it's a act of god. Now to move on the mudflaps, that's a little different. If you don't have mudflaps that is a violation of state law, which if you sling anything you can be held responsible. Dump trucks without load covers , same thing. The thing to remember, each State has there own state law as to the operation of motor vehicles. Most, not all, have adopted some form of the FMCSA's regs. as well.
     
    sxty9GTO and Brickman Thank this.
  11. GasHauler

    GasHauler Master FMCSA Interpreter

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    Yes they do and it's not for you it's the medical they'd have to pay. Believe me NO company cares for the individual it's all about money.
     
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