What the...

What’s the citation for???

 

Maybe there's something in the fine print of the lease agreement.

 

On an axle or axle group?

 

I’m trying to understand how you got in this situation, to begin with. Public scales are everywhere. CAT has an app. There’s Google. Many shippers know of local scales. If you didn’t scale it, there are many forms of maps to go around weigh stations. This deal seems irresponsible, to me.

 

While I am not a lawyer, it typically depends on who was responsible for the load. If the trailer was pre-loaded and/or sealed the carrier would be responsible but if they can show that acts or omissions on the owner-operator’s part they are responsible. But that would need to be in the lease agreement.

While not an exact fit, here is a quasi related FAQ that is related to leased on owner operators as being employees as far as the FMCSRs responsibilities go.

"The motor carrier is, therefore, responsible for compliance with the FMCSRs by its driver employees, including those who are owner-operators."

Not being a lawyer, and not knowing all the context you may want to look at your lease as 49 CFR § 376.12 seems to require it to be documented in your lease.

But who is responsible for escalating fees if the overweight was due to your 'omissions' isn't clear for us non lawyers.

"Except when the violation results from the acts or omissions of the lessor, the authorized carrier lessee shall assume the risks and costs of fines for overweight and oversize trailers when the trailers are pre-loaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of the lessor's control, and for improperly permitted overdimension and overweight loads and shall reimburse the lessor for any fines paid by the lessor."

 

Which one is it?

These are three different and distinct things.

ALSO what state?

Yes, it is supposed to be in the lease agreement as part of the defined responsibilities.