JIMNLIN wrote:
Indeed those door tag GAWR are very much part of DOT inspection points that we get hit with if we are out of compliance on under 26000 combined plates. And the shift captains comment that they use the same vehicle plates [registered GVWR and door tag GAWR] just as DOT uses for over 10000k vehicles and under 26000k weights.
That tag has nothing to do with legal weight limits. Where the 26K kicks in is for determining when certain MCS laws apply. Those tags are non-enforceable for determining overweights which is what the OP was asking about.
We don't use the tags to determine MCS either. We use the registration weight limits. Once again, the door sticker which is more correctly referred to as the federal sticker is not required by MCS or any other statute after initial sales. It's like the mattress tag. There are vehicles all over the US legally operating without the fed sticker. If a vehicle has had damage repaired in the area of the sticker or the vehicle has been restored and repainted then they most likely no longer have the fed sticker.
Here's one way to better describe the fed sticker. On my fed stickerfor my Dodge pickup it not only lists the manufacturer's weight limits but it also lists the amount of air for the tires and vehicle colors. It says tire air pressure is 50 psi. If I want to put 65 psi in my tires there's not a thing illegal with that. That sticker also says my color is maroon. But I want to paint my truck blue. Nothing illegal with changing the colors even tho it will no longer match the fed sticker. That sticker is a listing by the manufacturer of the manufacturing specs for that specific vehicle.
Also, you are confusing weight laws and MCS laws and registration and axle/gross weights. All of those are completely different statutes, which I have tried to explain previously.
JIMNLIN wrote:
As a few others pointed out law enforcement officers are not the best source of DOT enforcement of FMCSA regs [unless they have training] or even non commercial state weight regs.
Many years ago I was the 1 of 2 of the first in the state to be certified as MCS trained officers. In addition I taught MCS and weight laws, not only to other Troops but also in many many presentations to various trucking companies. You would not believe the number of calls we fielded daily from trucking companies and drivers who were seeking explanations of the laws and were completely confused, usually because they listened to some other driver who also didn't have a clue what he was talking about.
I can assure you that a truck driver isn't the person to ask for explanation of the laws. They aren't trained. LEOs trained in MCS and weight laws are a whole lot better source of weight and MCS laws than truck drivers. LEOs are going to keep up on the statutes and latest court ruling because that's our job. We train the trucking companies. If drivers were generally so well trained then I wouldn't have been writing so many tickets and placing so many trucks and drivers out of service over the years. We averaged over 1/3 of the trucks inspected were placed out of service, either the driver or the truck.
JIMNLIN wrote:
This isn't a rag on state troopers or any LEO as they do a tough job out there. Even the OHP shift captain admitted weight questions for commercial/non commercial compliance should be pointed toward my state DOT officers/inspectors. .
Not a rag on drivers either.
I am aware the OHP do not play a primary role in second division enforcement. That's not their job. There's a separate agency in OK for second division enforcement. Why ask the opinion of a shift commander of an agency who is not tasked with enforcing a law about such a law? That just doesn't make any sense. Makes as much sense as asking Child and Family Services investigator about laws pertaining to the lottery. 2 separate agencies tasked with enforcing 2 different laws.
However in IL the ISP is the agency tasked with that role, not DOT. IL DOT plays no role in weight enforcement except maintaining the scale houses and issuing over size load permits. No other LE agency in IL, including DOT, has any authority enforcing MCS laws. By IL statute only the ISP can enforce the MCS laws. That's why IL Troops are trained in MCS and weight laws. It's our job.
However, there is definitely confusion here. You are confusing MCS laws and weight laws. Those are 2 separate distinct sections of the law, neither of which has anything to do with the other. Weight laws are not MCS and MCS are not weight. MCS laws do not apply to the guy pulling his RV south for the winter or to the mountains and his favorite fishing hole in the summer.
Please, don't confuse MCS issues here. They have absolutely no application.
