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CA overweight ticket

Question:
My son has only been driving two months. He picked up at a co. div. yard. The scale told him steer 11---, drive 22--- and trailer 42---.He miss understood them and thought his tandems was 42-22 or 20---. At San Bernardino he got a 7800Lb overweight ticket code 35551 (A) vc-M marked misdemeanor, and returned to Fontana yard to adj. He asked for a weight printout, but the yard does not save them. Now the notice has come and Fine Amount says Appearance Mandatory and send Traffic School Information. He works for Covenant and they say the lawyer should be able to get the misdemeanor dropped. We don't know what might happen. 1. Is a misdemeanor jail time, lose license? 2. Any ideas on the cost and do you pay it that day or work out a payment plan? 3. Is it a bad idea to use company legal sevices? Any helpfull info appreciated.

Answer:

Un I'll try and not be too much of a wise acre.
Did the school your son go to cover the fundementals of weight laws?
12K max steer and 34K max on the drive and trailer tandems? Your son needs to examine his lessons and pay closer attention to what is going on. With 22K on the drives and 42K on the trailers this is a deffinate case of HUA (Head-Up-Arse)
Yeah use the carrier's legal service after all what does your son have too lose?
Is an overweight ticket disqualifying? I didn't see it but I'll let you double check.
Is a misdemeanor jail time? Don't know but I doubt it.
The penalty for 7,800 pounds over in California. Un guesstimate $1.5K, your son may be able to arrange to make payments.
I'ld set down and have a serious heart-to-heart with your son. The type of inattentative mistakes discussed can cost a month's pay plus, especially in California.
Keep the faith.
M

Answer:

yes you are correct. HUA and Mother has scolded him.
School did go over weights. His first axle scale and no print out. He is not blaming anyone but himself. But I think the yard weight master should have said something.
My husband and I have been team driving for 3 yrs. We have been driving for 30+ years each with no tickets, so we don't know about tickets.
Thanks for info and I earmarked the FMCSA and Dot pages. These 2 wks schools don't teach much on rules. Thanks again

Answer:

It's quite possible the scales were screwed up too.
42 on the rear and only 22 on the drives?
Don't make sense.
Unless he was hauling some type of machinery that caused the extreme weight in the trailer.
The 3 weights add up to only 75k.
Something is definitely not right here.
Another thing he can do for his defense is to call the shipper and see if they've ever been questioned on weights before.
What does the Bill of Lading says is the weight?
Let's face it, california scales are not always honest.

Answer:

1-of-X, please read the original post again.
My son has only been driving two months. He picked up at a co. div. yard. The scale told him steer 11---, drive 22--- and trailer 42---.He miss understood them and thought his tandems was 42-22 or 20---.
Then:
At San Bernardino he got a 7800Lb overweight ticket
Hmmm 34,000 + 7,800 = 41,800 pounds. Yeah seems California was 200 pound below what the yard in Colorado stated.
1-of-X, I know you mean well but before you offer advise or slam a state make sure your on the right track.
Keep the faith.
M

Answer:

I understood the post quite well Michael.
We have a scales at our yard too.
Which I use frequently.
Still, the weight combination doesn't add up to what a "normal" load would be.
It sounds like the heaviest item was put in the rear of the car and not towards the front where it should be.
As a rooky, I had the same thing happen to me a couple of times.
I weighed a car one time at a public scales, got the printout.
Kentucky scale house was open as usual and when the board showed the weights I was shocked.
3,000 pounds more than what I had on my ticket.
Yes michael dear, state scales can and do screw up.
They have to be certified just like any other public scales.
If a scales officer told me those were my weights, I'd challenge him on it right then and there.
Besides, if the company knowingly allowed the trailer to leave the yard under those conditions, then they can be held liable and fined as well.
I got an overweight once and due to company policy, they paid the fine.

Answer:

Can't own up to your mistake huh? Well why am I not surprised.
It's quite possible the scales were screwed up too.
Which scale? The scales had 200 pounds difference 42,000 for the yard, 41,800 for California (34,000 + 7,800 = 41,800)
42 on the rear and only 22 on the drives?
Don't make sense.
The load was improperly loaded.
Unless he was hauling some type of machinery that caused the extreme weight in the trailer.
Or rolls of paper, coils, drums, pallets of general freight etc improperly loaded.
The 3 weights add up to only 75k.
Something is definitely not right here.
Why, do you only load loads that come out to exactly 80,000 pounds? You been driving for how many years?
Another thing he can do for his defense is to call the shipper and see if they've ever been questioned on weights before.
Again seems to me you are indicating a mechanical problem with the scales (plural.)
What does the Bill of Lading says is the weight?
Seems imaterial seeing as how the scales were so close.
Let's face it, california scales are not always honest.
Oh, and what of the carrier's scale? The weight California showed was 200 pounds less than the carrier's. Does the carrier have their scale rigged to overcharge customers for loads based on weight?
Besides, if the company knowingly allowed the trailer to leave the yard under those conditions, then they can be held liable and fined as well.
Doubt it. The scale operator is paid to operate the scale, not tell the driver how to drive his/her car. I don't recall anything about the safety director or dispatcher telling the driver to run with the load after he tried to balance the load.
I got an overweight once and due to company policy, they paid the fine.
Oh, and is that standard for all carriers? Was that your current employer or a employer from the past?
Must be nice to have a carrier look out for you when you have HUA.
Keep the faith.
M

Answer:

if you're still around ttart, I'd like to know a few things.
What type of trailer and length?
Standard tandems or spread axle?
He would know what is being asked.
What was being hauled in generic terms?
We don't need to know the specifics.
Was it all one basic product spread over the floor or was there something extremely heavy on the rear of the trailer?
Was the company scales a single scale?
Or one that could measure all three units at a time like at a carstop?
Called a full platform scales.
If I were him, I would take it up with the company and make them pay for the fine they approved the load being taken as is.

Answer:

Originally Still, the weight combination doesn't add up to what a "normal" load would be. Which is probably partly to blame for his being so overweight on the trailer tandems.
It sounds like the heaviest item was put in the rear of the car and not towards the front where it should be.Yep
As a rooky, I had the same thing happen to me a couple of times.... ah ... never mind, I'll keep my keyboard "shut" here.
I weighed a car one time at a public scales, got the printout.
Kentucky scale house was open as usual and when the board showed the weights I was shocked.
3,000 pounds more than what I had on my ticket. Yeah, so what's your point? Cat not pay your ticket?
Yes michael dear?, state scales can and do screw up.Shut up CP.
They have to be certified just like any other public scales. And they are, and on a much more regular schedule than private commercially operated scales. Certification is available at trial for anyone who is interested in seeing it.
If a scales officer told me those were my weights, I'd challenge him on it right then and there.Wrong time and wrong place.
Besides, if the company knowingly allowed the trailer to leave the yard under those conditions, then they can be held liable and fined as well.Well, here, that is one party who is held responsible if it is a company car, or the owner of the car if being operated under his IFTA authority. The only time it's the driver, is if it is his car and he wants to keep it his.
I got an overweight once and due to company policy, they paid the fine.Probably a correct decision on thier part.

But I don't work California .......
"I'm just a doin' my job, I'm the ..." (well, you know) ...
... and whatever you do, have a SAFE TRIP...8^)


Answer:

Originally I understood the post quite well Michael.
We have a scales at our yard too.
Which I use frequently. Point is?
Still, the weight combination doesn't add up to what a "normal" load would be. Sounds pretty normal for an improperley loaded trailer, or a trailer with the tandems shoved all the way forward and loaded to the doors
It sounds like the heaviest item was put in the rear of the car and not towards the front where it should be. Could be
As a rooky, (rookie) I had the same thing happen to me a couple of times. Did you learn to tell the loader to properley load your car, since it is YOUR RESPONSIBILITY
I weighed a car one time at a public scales, got the printout.
Kentucky scale house was open as usual and when the board showed the weights I was shocked.
3,000 pounds more than what I had on my ticket.
And people always wonder why I look for and ONLY USE C.A.T. Scales...nice little protection the have for a scale being wrong.
Yes michael dear, state scales can and do screw up.
They have to be certified just like any other public scales. It's my impression they "calibrate" before each days use, and "certify" on a more frequent basis than "public scales"
If a scales officer told me those were my weights, I'd challenge him on it right then and there. So your going to irritate this officer to the point that you may now leave with more violations since you will probably also win a trip to the "barn"?
Besides, if the company knowingly allowed the trailer to leave the yard under those conditions, then they can be held liable and fined as well. I guess even a blind squirrel finds a nut now and then, for once you got it right, as long as the Company "KNOWINGLY" allowed.
I got an overweight once and due to company policy, they paid the fine. This company policy sounds like a need, caused by hiring drivers with consistant H.U.A. Sydrome. A better policy would be to pay ONLY IF A PUBIC SCALE IS NOT AVAILABLE PRIOR TO STATE SCALE, then the drivers would realise that they are RESPONSIBLE for properley loading and transporting cargo.

Answer:

CP, good job. Liked that response.
As for the kentucky scales experience, I was still legal.
Couldn't see how I would be over with the load I had.
Just weighed it to see where the axles would go.
I've always wondered just how many tickets they wrote up with the scales being so far out of whack and if any those drivers challenged them on it or not.

Answer:

OK, now that our resident "know it all" has spouted his usual BS, I will set forth some facts.
1. Here in Ca. the scales round DOWN to the next 100lbs, then knock off 200lbs. This is yhe reason for the 200lb difference, not a matter of the CHP scale being off.
2. The CHP scales are inspected/calibrated and certified every 6months. Every time I have been there when it was done, they were only off a small amount, and always in the favor of the cars.
3. Yes, a misdemeanor can get you jail time. Up to 6 months. But I have never known anyone to go to jail for an overweight. Even seen 20,000lbs over and he didn't go to jail.
"THIS POST CONTAINS PERSONAL OBSERVATIONS AND OPINIONS OF THE AUTHOR. IT DOES NOT REFLECT THE VIEWS, NOR REPRESENT AN OFFICIAL POSITION, OF THE CALIFORNIA HIGHWAY PATROL. FURTHER, THE CALIFORNIA HIGHWAY PATROL DOES NOT ENDORSE OR APPROVE THE CONTENT OF, NOR IS IT IN ANY MANNER AFFILIATED WITH OR RESPONSIBLE FOR THE CONTENT OF THIS POST.
-------."We are as we continually do. Excellence then is a habit, not an act.

Answer:

we have missed you valuable input on these topics BUT, it is easy to see why a person like yourself or M Millard or Crystal Pistol would get tired of the abrasiveness of some of the posters. Bill, since you are the only CA enforcement person here what will happen when this lad goes to court?? Will the fine be 2 weeks pay?? Will he go to jail?? Thanks again Bill
car hard not cheap

Answer:

Thanks Michael. Kind words mean a lot.
Now as for the fine, I don't know how much it will be, there is a listing in the Vehicle Code, but it doesn't include the penalties and assesments that the court adds on. I wouldn't want to say how much the fine would be, and then he gets a bigger one. However, 7,800lbs over is not going to be cheap. The court should let him make payments. I don't see much chance of him going to jail. Never known anyone to go for over weight.
"THIS POST CONTAINS PERSONAL OBSERVATIONS AND OPINIONS OF THE AUTHOR. IT DOES NOT REFLECT THE VIEWS, NOR REPRESENT AN OFFICIAL POSITION, OF THE CALIFORNIA HIGHWAY PATROL. FURTHER, THE CALIFORNIA HIGHWAY PATROL DOES NOT ENDORSE OR APPROVE THE CONTENT OF, NOR IS IT IN ANY MANNER AFFILIATED WITH OR RESPONSIBLE FOR THE CONTENT OF THIS POST.
-------."We are as we continually do. Excellence then is a habit, not an act.

Answer:

My son was not overgross, I rounded the numbers. He was 41800 lbs on the 53' trailer axles. He could not adjust 7800lbs and keep the 40' kingpin to center of rear axle. And the officer would not let him adjust because it was haz-mat. When he went back to the yard they removed 8000lbs haz-mat and left the bolts and screws and he was OK. There is no mention of haz-mat on ticket. Might have made things worse.
He joined the company legal service ($7.61 wk)and they recommended a CA lawyer. Spoke the the nice man today, for $500 he will appear in court. There is a long trail of paper work with mailing and signing. He hates to take carers money and suggest my son appears in court himself.
Court date is Jan. 30, and we are tring to find out if he can go earlier, maybe as a walk-in. He is going to ask the company to schedule him to that area.
On the internet I found a table of fine rates for CA. 7800lbs @.08 + $900 fine. We think $1524, lawyer said it depend on the judge. He also says it is a non-moving violation and will not go on his record.
Will update after he appears
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