Forum Discussion
jmramiller
Nov 27, 2007Explorer
JIMNLIN wrote:BertP wrote:
Well, I did find a partial answer here for Alberta. Since it isn't the actual statute, I don't know if this is a commercial-only reg or if it applies to both commercial and private. But, notice section 2:
This function does not take into consideration the "gross axle weight rating" (GAWR) or the "gross vehicle weight rating" (GVWR) of the vehicle. The owner/operator of the vehicle should ensure that the weight carried is within the manufacturer's rated capacity specifications.
That seems to say that it is unlawful to exceed the manufacturer's GVWR or GAWR for your vehicle.
(snip)
Bert
when you look at the FMCSA web under "vehicle related regs and statutory definitions part 571.3 they give the definition of GCWR/GAWR/GVWR as pertains to the OP. When we go to my state dps web for applying for a USDOT per MSC form-150 it says GVWR and GCWR is used. Keep in mind GCWR is the trucks door tag GVWR rating plus the trailers GVWR from its plate. As a example your trucks 12500 GVWR plus a flatdeck GNs 16000 GVWR = 28500 GCWR which is the combined weight tag that is needed. See dps.state.ok.us/ohp/mcs-150.pdf and para A in section II where it mentions vehicle GVWR-GCWR. FMCSA gives clear definitions of those terms. For some reason it won't make a clickie but its on home page for oklamome dps under commercial licensing/regs.
The belly bumpin' going on here is more to do with door tag GVWR-GAWR info and is it used legally. Fmcsa says it is. My state uses those requirements on farm tag requirements and applictaion for usdot per the web I mentioned. My state uses those same regs for commercial or non commercial weight enforcement per above odot and OHP troopers I mentioned above. According to them I have no seperate weight regs to worry with regarding commercial vs non commercial. For those that need a web for verbal confirmation/documentation, no I didn't ask for one.
One importatant note on reading the FMCSA website is read the disclaimer and look at new law under it.
JIM
Jim you seem to be the lone ranger on this one. No one else sees what you see in the Federal or OK regs. Unlike you, we have repeatedly posted links to the regs which clearly show that the only reference to manufacturers GAWR in FMCSA is the part which allows a state to limit the steering axle to manufacturers GAWR. It does not allow a state to do so to the non steering axle. One of the key words here is "allows" or as the actual code states "may". No where does FMCSA mandate that the state limit the steering axle to manufacturers GAWR. In order to enforce manufacturers GAWR on the steering axle a state would have to include it in its own codes something that OK has not done.
No where in either code is the door sticker GVWR rating legally binding. You can continue to say "I spoke with this person or that person"...as far as I am concerned that does not mean diddly. The only thing that comes into play here is the law.
As stated in my OP, I would like to see someone post a copy of a citation they received for being over manufacturers door sticker ratings. Again we are talking about non commercial RV's.
Now would be another great time for playing the theme song to Jeopardy.
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