For owner-operators, getting a ticket for an oversized or overweight truck violation can be costly, especially considering the financial and legal repercussions.
These violations can often be avoided by checking the dimensions and weight of the load before hitting the road and periodically checking to ensure the load does not shift, as too much weight over one tire or axle could result in a massive fine or worse.
Here's a breakdown of the key points to remember:
Steep Fines: Oversized or overweight truck violations can result in fines reaching thousands of dollars (typically, $1.00 for every pound overweight). This financial burden can significantly impact an owner-operator's income.
Criminal Charges: Exceeding the weight limit by a substantial amount (exceeding 4,500 pounds) can lead to misdemeanor criminal charges. A conviction could leave a permanent stain on your criminal record.
Compliance, Safety, and Accountability (CSA) Points: While overweight tickets typically don't affect your driving record, there's a chance of receiving CSA points during an inspection if other violations are discovered.
Owner Responsibility: Employment contracts for some companies may include an "owner's responsibility" clause, holding the carrier liable for overweight fines. In the absence of such a clause, the driver is still responsible for the fine.
Fighting the Ticket: Consulting with a traffic attorney can be beneficial. Evidence like a weighbridge receipt from a private station (like CATS) showing a compliant weight can be used for negotiation. In some situations, calibration records from the original weigh station might also be subpoenaed to identify any discrepancies.
Negotiation and Potential Outcomes: An attorney can negotiate with the judge to potentially reduce the charge from a misdemeanor to an infraction. This deal could significantly lessen the penalty, avoiding jail time/probation and a criminal record.
County Court Variations: Judges in some CA counties are known for allowing negotiations that impose a higher fine while foregoing criminal charges. A Superior Court judge has the discretion to downgrade a misdemeanor charge to an infraction, though the fine might be higher than the usual $238 fine for a minor infraction.
Recommendation: Always prioritize checking your truck's weight before leaving the shipping yard, get permits before entering the state, and if you do receive an oversized or overweight truck violation, consider seeking legal counsel from a qualified traffic attorney.
Remember: Preventing oversized truck situations is crucial to avoid hefty fines and potential legal trouble. Owner-operators can protect their finances and professional standing by staying informed and taking the necessary precautions.
Disputing an Oversized & Overweight Truck Violation Could Benefit from Assistance by Bigger & Harman
We can assist you in resolving oversized and overweight truck violations in Fresno County Courthouse. Contact Bigger & Harman at (661) 349-9300 or email attorney@biggerharmanlaw.com for a free initial consultation.
Alternatively, you can use the convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.