Scale Dodging ticket

Discussion in 'Trucking Industry Regulations' started by WCE, Sep 27, 2016.

  1. snowwy

    snowwy Road Train Member

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    I'm not sure about a federal law. I'd think it be a state law. Since states make up their rules to add to fed rules. Including out of route. But out of route usually applies to permited loads. If he's empty and perfectly legal without a permit. I don't see how he can be redirected if the scale if it isn't on his path to wherever he's going.

    A lot of us have never had a problem. Those of you who end up in such situations probably did something to attract their attention. DON'T ATTRACT ATTENTION.

    I've taken the exit before the limon scale a few times. And i've gone through Ft. Collins MANY times. I've heard cops are cracking down at Ft. Collins. But i've never been hassled driving through town. Nor have i been hassled at Limon.
     
    Last edited: Sep 28, 2016
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  3. Mark Kling

    Mark Kling Technology Contributor

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    https://www.colorado.gov/pacific/csp/vehicles-required-clear-port-entry

    Vehicles Required to Clear Port of Entry
    A commercial motor vehicle is: any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property.


    All Commercial Vehicles:

    • In excess of 16,000 lbs. empty weight
    • In excess of 26,000 lbs. Gross Vehicle Weight Rating (GVWR) (found on VIN plate of vehicle)
    • All vehicles displaying apportioned or GVW license plates must clear Colorado Ports.
    • Any vehicle carrying a Placardable amount of Hazardous Materials
    For questions and concerns please call one of our Port of Entry locations listed in the following link:

    Colorado Port of Entry Locations and Contact Information
     
  4. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    Maybe our DOT officer can help with this

    @Observer1
     
  5. snowwy

    snowwy Road Train Member

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    I'd be interested in seeing the new mexico rules.

    I don't think many actually follow the sign on the 491, coming from durango.
     
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  6. Observer1

    Observer1 Light Load Member

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    Unfortunately states run the ports and therfore they make their own rules. In Utah you only have to hit the port if it does not take you more than 5% out of your way from a total 1 way trip or 3 miles whichever is greater. Because states have their own rules they seem to think that everyone should know every law amlnd officers tend to cite for those violations even when a driver may not have ever been to that state before. I personally think the feds need to standardize it a bit. This is also why from my understanding a violation in the 392.2 category (state codes) on an inspection dont add points on a csa score.

    If it was me i would research until i found 4-5 very different state laws and take that to the judge. Ignorance to the law is not a recognized defence but if you get someone who is sympathetic it could make a difference.
     
  7. Mark Kling

    Mark Kling Technology Contributor

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    http://www.mvd.newmexico.gov/port-of-entry-information.aspx

    Ports of Entry Information
    The New Mexico Motor Transportation Police (MTP) conduct the following statewide regulatory and enforcement activities:
    • Enforces commercial vehicle safety compliance
    • Inspects commercial vehicles for height and weight compliance, both gross weight and axle weight
    • Issues State permits for oversize cargo
    • Issues IFTA fuel permits and tax returns
    • Issues trip permits
    • Trains motor carrier personnel
    The New Mexico MTP operates ports of entry located throughout the state. Operations at the New Mexico ports of entry include, but are not limited to:
    • Verification of commercial motor vehicle required credentials.
    • Regulation of oversize/overweight loads.
    • Assessment and collection of taxes and fees relating to commercial motor vehicle operations.
    • Commercial motor vehicle driver and mechanical inspections.
    Vehicles Required to Clear a Port of Entry
    New Mexico state law requires that all commercial motor carrier vehicles enter, leave, and travel through the New Mexico on designated highways, and must stop at every operating port of entry for manifesting and clearance stickers.

    Commercial motor vehicles are defined as:
    A self-propelled or towed vehicle used on public highways in commerce to transport passengers or property when the vehicle:

    • is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kilograms, or 10,001 pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 26,001 or more pounds;
    • is designed or used to transport more than eight passengers, including the driver, and is used to transport passengers for compensation;
    • is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
    • is used to transport hazardous materials of the type or quantity requiring placarding under rules prescribed by applicable federal or state law
    [Note: This is the basic Motor Vehicle Code definition at Sec 66-1-4.3J. There are different definitions of commercial motor vehicle specific to CDL at 66-5-54C and 18.19.5.7 and 18.2.3 NMAC, and for DWI at 66-8-102T(2).]

    Examples of commercial vehicles include trucks, semi-trucks, vans, coaches, buses, taxi cabs, box trucks, and trailers.


    Size and Weight Enforcement
    Port Locations
    FMCSA Safety & Security
    Commercial Vehicle Safety Alliance
    Motor Transportation Division Trucker's Guide (PDF)
    OS/OW Single Trip Permit Application (PDF)
    OS/OW Multiple Trip Permit Application (PDF)
     
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  8. snowwy

    snowwy Road Train Member

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    In Utah, If you're bypassing the scales. You're going a LOOOOONG ways around. Adding tons of miles and hours to your trip. Dumb move to make considering utah is pretty harmless.

    There's only one street that runs along the scale and if you get caught on that street. You'll get the book thrown at you. Plenty of signs to tell you also.
     
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  9. Mark Kling

    Mark Kling Technology Contributor

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    UTAH..

    https://le.utah.gov/xcode/Title72/Chapter9/C72-9-P5_1800010118000101.pdf

    upload_2016-9-28_12-53-53.png
     
  10. x1Heavy

    x1Heavy Road Train Member

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    I got scaled on top of Raton on the old 287 with the portables. Once. Good enough. But they had to catch me to do it. I did not like those little portables knowing how pregnant the rig was in weight...

    In Virginia at US 50 and US 15 traffic light there is a set of scales to the west about 100 yards. You don't turn off 15 to scale there because literally 50 is not the route. That was a long time ago.
     
  11. TheLoadOut

    TheLoadOut Road Train Member

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    If going through any POE was so majorly important they would be open 24 hours a day, 7 days a week, and 365 days a year, and maybe a few are, but almost all are not.
     
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