Iman
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- May 17, 2013
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Disregarding the accident potion of your statement, can you show me the law that applies to non commercial drivers and vehicles? This subject has come up on most every forum I have been on and I have never seen anybody show a ticket, nor prove the state law that a police officer would use to cite a non commercial driver for being over weight based on the door sticker . If you can prove that, my hats off to you. Respectfully Tim
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Here is a simple guide... Thought process, and yes there are citations on the books as explained by my local highway patrol office.
From California’s vehicle code:
Declared Gross Vehicle Weight Limit Violations: Penalties
42030.1. (a) Every person convicted of a violation of any declared gross vehicle weight limitation provision of this code, shall be punished by a fine that equals the amounts specified in the following table: I did not bother with the table but yes there is a code. All those papers you sign when buying your truck one was a statement of facts and weight certificate... So you know the limits upon purchase but to be honest who read every paper and knows exactly what your signing....
The other shoe is the insurance companies. We are hearing about more and more cases where one is in an accident, especially rollovers towing toy haulers, where the insurance company determines the vehicle was over weighted and then deny any payments to the vehicle's repair or replacement.
insurance which is probably void if you are over the manufacturers stated max weight, my policy clearly states this and I assume this clause would apply regardless of what mods you have made to account for the extra weight. If you cause an accident and they can link it to the truck being overweight, you'll have the book thrown at you. In this scenario they will also get you on another technicality, if you are driving with void insurance it is the same as driving with no insurance, in some states you can lose your license for this offense.
In the vehicle code the following applies according to my local CHP he said he recently gave two citations for this one...
A towed vehicle must not be allowed to swerve or whip from side to side. (VC Sec. 21711)
These things are just but a couple I turned up for you. I mean as long as your know where near my family when towing, tow what makes you happy. Just know the penalties are waiting for you if you have an accident. They can be charged and I sure based upon the current legal system one violation triggers ten more citations for other things... Just realize you are running a risk and is it worth it.... your playing you bet your life....
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I am not going to re-hash this for a ****,,, In California we have commercial plates and the statute quoted applies as do the first quotes for federal motor vehicle standards and stopping distances. If you tow more than the GCVW or tow more than the GAWR and are caught it is a violation... What your not understanding is the recent citations included a vehicle inspection at the next weigh station and or in one case the pickup truck with portable scales was brought in... Both multiple vehicle code violations and yes the fines plus plus plus... I am just answering a question about over weight towing and yes while rolling out of the dealer weight fees were applied to my truck and every time I have to re-register weight fees apply... Oh by the way your registration has a vehicle un-laden weight fee, if its a pickup in California... Because its a commercial plate... Dying on the highway is not much of a living...
Ahh the resorting to name calling and gibberish without tangible facts , I will go ahead and call it a fail on your part ....as I thought .good day. And tangible facts are below from your {please note the proper use of the word} states web site. Tim
Frequently Asked Questions
1. Q - Does the CVRA law affect all truck owners?
A - No. This law does not affect:
Pickups, as defined, that weigh under 8,001 lbs. unladen.
Lightweight trucks, vans, taxis, and rental limousines (including charter-party carriers operating limousines that pick up and deliver airport passengers), if the vehicle's GVW is 10,000 pounds or less.
Commercial motor vehicles registered with special equipment or exempt license plates.
2. Q - What do I do if I didn't receive a CVRA Weight Declaration Form?
A - Print the REG 4008, complete the form, and mail it to DMV at:
DMV CVRA Program
PO Box 932377
Sacramento, CA 94232-3770
3. Q - Can I declare an operating weight higher than my vehicle's Gross Vehicle Weight Rating (GVWR)?
A- Yes, but only if you are declaring the weight of your vehicle in combination with a towed vehicle and its load (the Combined Gross Weight). NOTE: A declared Combined Gross Weight does not authorize a truck without another vehicle in tow to exceed the truck's authorized axle weight limits.
4. Q - I own a dump truck and received a declaration form (REG 4008). Do I have to fill out the form?
A- Yes. If you have a commercial motor vehicle operating at a gross or combined gross weight of 10,001 pounds or more, you must complete and return the form.
5. Q-Do I still have to pay license and registration fees?
A- Yes. Vehicle license and registration-related fees are still due on all commercial motor vehicles. The new CVRA fee is in lieu of the weight fee.
6. Q - I received a declaration form, but I own a 4-door pickup. Do I have to complete the declaration form?
A- Yes, if your vehicle weighs over 8,000 lbs unladen. If your title shows the body type of "PK" or "PU," you need to bring your title and pickup to your local DMV to correct the body type to other than a pickup.
You may make an Appointment(s) online.
7. Q - I have a pickup truck and sometimes tow a heavy trailer. I believe the over-all weight may be over 10,001 lbs. Should I complete a declaration form?
A- No. Pickup trucks as defined, do not have to declare their operating weight regardless of how heavy the load or combined vehicle weight.
8. Q - I own my own truck tractor and pull trailers owned by other companies. Do I have to declare the weight of the trailer?
A- Yes. You must declare the highest combined operating weight. The total gross weight of the combination of vehicles (motor truck and towed vehicle) plus the heaviest load that will be transported by that combination.
9. Q - Did the Commercial Vehicle Registration Act (CVRA) eliminate the International Registration Plan (IRP) for commercial motor vehicles?
A - No. Commercial motor vehicles may still be registered in the IRP program.
10. Q - I have filed a planned non-operation (PNO) status with DMV for my truck. I just received a declaration form from DMV. Should I complete the form now, or should I wait until I renew the vehicle registration?
A- There are no penalties for waiting until you register your vehicle. If you do not complete the form now, it is important to complete the declaration form when you register your vehicle, or you will be assessed the highest gross/combined vehicle weight range fee, plus license and registration fees.
I fully understand your argument it is completely legal to tow any amount and there are no laws against it. Tow what ever load you feel your vehicle can move. So any one who owns a truck has no legal obligation to operate the vehicle in a manner a responsible person would and that's totally legal... Your argument is simply anyone can tow any amount anytime no matter how much it weighs and there is no recourse from the law.... Ok Mr. Wizard if you say so....