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09-28-2007, 04:15 PM
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I got a Ticket
I'm such an IDIOT!!!!
I had just started on heavy haul and was pulling a load out of Portland, Oregon heading east on I-84. I stopped at the TA in Troutdale to go on the scales before taking off. Wasn't thinking and had a brain fart.
When I got to the weigh station at Cascade Locks, I got the red light and had to go across the scales. Then I got the message telling me to park and bring in my paperwork. Got a ticket for not having the drop axle down on the trailer - a $97 fine. She said she was giving me a break since the overweight fine was like $250.
I got the ticket, dropped the axle and went back across the scale. She waived me off and so I left.
My load was heading up to Union Gap, WA, and I was routed to cross the Columbia River on US97 at Biggs. Then I got a message on the QC that I couldn't cross there because they have weight restrictions on that bridge (80K). So they wanted me to cross at the Bridge of the Gods at Cascade Locks, a little west of where I was. I headed there and when I got there, they had the same 80K weight restriction. I called dispatch and they said to head back east on I-84 and cross at The Dalles (US 197), so I took off.
Heading back east on I-84 again I had to go past that same weigh station again. I got the red light again, but I was thinking that I'd be fine because I had just crossed there about 1/2 hour earlier. Crossed the scale again (different side this time) and they told me to go around and cross again, so I did. Upon crossing the second time I again got the message to park and come inside with my paperwork. When I got inside again, I was informed that I was now 1700 lbs over on my drive axles, even with the drop axle down. I told him that I had just been there, gotten the go-ahead from his counterpart on the other side, and that I was only there this time because I had to turn around and double back through there.
At least I didn't get a second ticket like I was worrying that I would.
I called up my dispatcher and asked what I should do. They told me to bring the load back to our terminal in Clackamas, which I did.
What a long story.
Now my question is this: How can I get out of this ticket? The DOT officer (the first one) said that it wouldn't go on my driving record, but I don't want to take a chance on that. The lawyer service I've used in the past doesn't have any lawyers that cover that area. I'll pay the ticket but only if I can't beat it somehow.
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09-28-2007, 04:38 PM
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It is a non-moving violation...overweight or equipment violation. Nothing to worry about, providing you don't like a bunch of them up in a row.
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09-28-2007, 08:41 PM
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Your prolly not going to beat an overweight ticket. If you can pay it off, pay it off and be done with it. Had a guy at my company get popped by DOT in VA in a Ford F-450 because he was over what the tags said he could haul even though the truck and trailer's manufactuer sticker said he was still legal. Tried to fight it, total waste of time to even try. You simply don't beat an overweight ticket unless the DOT scale was malfunctioning and you can prove that it was to the judge.
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09-28-2007, 09:15 PM
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If I remember correctly Arizona is the only state that made certain overweight violations a moving violation, though other states have talked about it for years.
If you really want to make sure if the over weight fine is a non moving violation then call the Commercial Vehicle enforcement department of the State Police.
I am 99.5% sure though that it is still just a hit in the wallet and does not go on your record in WA.
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09-29-2007, 05:02 AM
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Quote:
Originally Posted by Mr. Ford95
Your prolly not going to beat an overweight ticket. If you can pay it off, pay it off and be done with it. Had a guy at my company get popped by DOT in VA in a Ford F-450 because he was over what the tags said he could haul even though the truck and trailer's manufactuer sticker said he was still legal. Tried to fight it, total waste of time to even try. You simply don't beat an overweight ticket unless the DOT scale was malfunctioning and you can prove that it was to the judge.
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The issue at hand...was the "registered maximum gross weight". If a vehicle is registered at say 10,001 lbs, but is pulling a trailer and GVW's at 16,000, the driver is liable to get a ticket. However, if the vehicle is registered at 16,000....no ticket. Its about taxes collected at the time of registration.
Like you said...the only way to beat an overweight is if you have proof that the DOT scale was out of whack. CAT scale tickets are one way....but if it were me... I'd get two certified scale tickets from two different scales to back up my claim. Better odds of winning.
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09-29-2007, 12:24 PM
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Yeah, the way the officer supposedly explained it to him didn't make any sense as to why he was ticketed. Once we looked at the ticket we saw what it really was about. He was over the truck tags gross even though the loader was on a trailer behind him. Had he moved the loader further back on the trailer, he prolly would have gotten off but then the trailer would have been impossible to pull with the swaying it would have been doing because he took all the tongue weight off. Boss and him wanted to fight it. Now, the boss raised all the tags to where they are within 1 lb of needing to have a CDL to drive the F-450's and F-550's we have to make sure it doesn't happen again.
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09-29-2007, 06:27 PM
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Driver forgot to use the Tag Axle.... So driver pays the ticket.... Duh....
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09-29-2007, 11:03 PM
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ouch, that sucks man. At least it's not a point! Just a nice fine...
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