Forum Discussion
JIMNLIN
Nov 28, 2007Explorer III
BertP wrote:jmramiller wrote:
OK Bert, take these difinitions and show me where they are used that makes them legally binding for a non commercial TV. We all know the diffinitions of the terms - that is not in question.
I didn't say that they were legally binding. I simply pointed out that since they use the manufacturer's ratings in their definitions, it is possible that the local LEO's interpret that to mean that they are to use the manufacturer’s ratings in the absence of any other specific rating. Since there are a number of States that do not have a registered weight for privately registered vehicles, how do you determine if the vehicle is overweight or not? It just seems to me that it would be reasonable for a LEO to reference the door tag and use the FMCSA definitions for justification. After all, those definitions are used in quite a few regulations from licensing to vehicle equipment requirements. Whether a citation issued that way would stand up in court or not is a separate issue.
Bert
bert,
if you will look at FMCSA 571.110 and 571.120 it gives the legal definitions and ties to GAWR/GVWR/door placard/tire/wheel regs.
I don't know how to make a clickie but go th FMCSA home page/then vehicle regs in the search box/then scroll down to part 571/then scroll to 571.110 and 571.120 which gives us the regs that debunks the mattress tag theory. that tag is there for a legal reason and part 49 567.4 of the federal motor vehicle safety standards gives their requirements for that tag.
JIM
JIM
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