Frequently, some of the most dangerous drivers on the road are operating an oversized vehicle or a vehicle with an unbalanced load.
Too much weight over a tire or axle can cause a mechanical breakdown or, worse yet, a tire blowout. What’s more, additional weight increases the truck’s braking distance, and unbalanced loads can offset the truck’s center of gravity and cause a rollover.
Therefore, knowing your vehicle’s payload capacity and gross vehicle weight rating (GVWR) is essential. The GVWR is on the door panel of all vehicles with North American Specifications.
The DOT FMCSA has an 80,000-pound limit for all trucks, though there are exceptions for combination vehicles and loads that cannot be broken down. However, oversized loads require a permit from each state the truck will travel through.
Fleet managers and independent operators must ensure the permits are approved and on hand before they enter the state. Certain roadways and bridges have a maximum weight, and some roads are closed to oversized vehicles on specific days or portions of the day. Some require escorts—even for normal-sized vehicles hauling hazardous materials.
Contact Caltrans for Oversized Vehicle Permits
Contact Caltrans to secure a permit, or call (916) 322-1297. Their office is open Monday through Friday, except state and Federal holidays, from 8 am to 5 pm to establish the requirements for your oversized vehicle’s movement around Riverside County, or you could use a permit service like https://www.overweightpermits.com/california/.
This is not an endorsement of the service, but to let you know there are other options, and you can find many of the requirements, such as flags and placards, bridge restrictions and escort hours, and more on that website.
Many Drivers Want to Know How Much Is the Fine for an Overweight Truck
Besides safety, operating an oversized vehicle without a permit can lead to stiff fines. Operating a vehicle overweight by up to 4,500 pounds is an infraction and a conviction or paid fine of about $238. However, when the vehicle is overweight by 4,501 pounds or more, the fine is typically $1.00 per pound overweight.
Therefore, your fine could start at $4,501, as operating a vehicle over that weight is a misdemeanor crime. You could also be sentenced to jail or probation for up to six months in the Riverside County Jail or both a fine and jail time. That means you will have a criminal record.
“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”—Cornell Law School Legal Information Institute (LII) WEX Definition—Misdemeanor.
However, many traffic court judges hesitate to jail a trucker for doing their job—even though it is their responsibility to verify the vehicle’s weight and get a permit when required.
An experienced and knowledgeable traffic attorney can usually negotiate with the judge to reduce the misdemeanor charge to an infraction, but often with a higher fine than the standard $238 for an infraction.
Commercial driver’s license holders should always consult a CA traffic attorney to determine the best course of action before paying the fine.
Consult with Bigger & Harman, APC, About Operating an Oversized Vehicle Without a Permit in Riverside, CA
We have been asked to defend more than 20,000 traffic tickets by CA drivers; many are commercial drivers whose careers depend on our thorough examination of the facts and application of our experience to get the best possible results.
Give us a call at (661) 349-9300. Likewise, our online contact form is convenient or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
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References:
Cornell Law School LII WEX Definitions: Misdemeanor.
The DMV Portal CA Commercial Driver Handbook.