Forum Discussion
JIMNLIN
Dec 28, 2020Explorer III
Lots of opinions what CADOT will use to determine a overloaded truck. AS we see it certainly not a registered gvw or the mfg gvwr per this paste and copy email from a RV.net member (I don't remember the name) several years back. Its long but this will give the OP facts not rv website fiction about what numbers she can safely/legally use and what numbers are not used if the vehicle is ever stopped and weighed.
***This is in response to your electronic mail dated October 14, 2009.
First, allow me to apologize for the untimely response to your e-mail.
My staff recently received your request and by the date of your e-mail,
it appears to have been lost in the system.
You were requesting information pertaining to state laws limiting the gross vehicle weight rating (GVWR) and/or gross combined weight rating (GCWR) for fifth wheel and recreational vehicle owners. I have answered each of your questions
in the order asked.
Q: “Many of the owners travel over their tow vehicle GVWR and /or
GCWR. Are there any state laws against this? Or does the owner just
take the risk if they wish?”
A: The California Vehicle Code (CVC) does not contain a law that
specifically limits the amount of weight a vehicle may tow based on the
towing vehicle GVWR or GCWR. There are, however, laws that limit the
amount a vehicle may tow based on other criteria.
Section 21715(b) CVC prohibits a motor vehicle under 4,000 pounds
unladen from towing any vehicle weighing 6,000 pounds or more gross
weight. This section would apply to smaller pickups and Sport Utility
Vehicles attempting to tow large trailers.
Section 1085(d) of Title 13 California Code of Regulations prohibits
the loading of tires above the maximum load rating marked on the tire,
or if unmarked the maximum load rating as specified in the applicable
Federal Motor Vehicle Safety Standard, or in a publication furnished to
the public by the tire manufacturer. This would most likely happen in
the case of a pickup truck towing a large fifth wheel travel trailer, as
those types of trailers tend to transfer a larger portion of their
weight to the last axle of the towing unit causing that axle to exceed
the tire load limits.
Section 24002(a) CVC prohibits a vehicle or combination of vehicles
which is in an unsafe condition or which is not safely loaded and which
presents an immediate safety hazard from operating on the highway. This
section provides officers the authority to stop a vehicle or combination
of vehicles that is, in the officer’s opinion, unsafe to operate on
the highway. This section could be used to prohibit a driver from
continuing until the unsafe condition is fixed.
Q: “If they were to have an accident would they be cited?”
A: The officer investigating the collision would make the
determination whether to cite the driver based on evidence collected
during the investigation and the determination of the cause of the
collision.
Q: “Would their insurance company pay damages?”
A: Please contact your insurance company to obtain damage claim
information.
I trust this has adequately answered your questions. Should you desire
any further information, please contact Officer Ron Leimer, of my staff,
at (916) 445-1865. Sincerely,
S. B. DOWLING, Captain
Commander
Commercial Vehicle Section" *** (eoq)
Pretty much nails down the last axle/tire of the tow vehicle which in the OPs case is the F350 srw rear axle/tire load ratings will be used for weighing a overloaded vehicle.
***This is in response to your electronic mail dated October 14, 2009.
First, allow me to apologize for the untimely response to your e-mail.
My staff recently received your request and by the date of your e-mail,
it appears to have been lost in the system.
You were requesting information pertaining to state laws limiting the gross vehicle weight rating (GVWR) and/or gross combined weight rating (GCWR) for fifth wheel and recreational vehicle owners. I have answered each of your questions
in the order asked.
Q: “Many of the owners travel over their tow vehicle GVWR and /or
GCWR. Are there any state laws against this? Or does the owner just
take the risk if they wish?”
A: The California Vehicle Code (CVC) does not contain a law that
specifically limits the amount of weight a vehicle may tow based on the
towing vehicle GVWR or GCWR. There are, however, laws that limit the
amount a vehicle may tow based on other criteria.
Section 21715(b) CVC prohibits a motor vehicle under 4,000 pounds
unladen from towing any vehicle weighing 6,000 pounds or more gross
weight. This section would apply to smaller pickups and Sport Utility
Vehicles attempting to tow large trailers.
Section 1085(d) of Title 13 California Code of Regulations prohibits
the loading of tires above the maximum load rating marked on the tire,
or if unmarked the maximum load rating as specified in the applicable
Federal Motor Vehicle Safety Standard, or in a publication furnished to
the public by the tire manufacturer. This would most likely happen in
the case of a pickup truck towing a large fifth wheel travel trailer, as
those types of trailers tend to transfer a larger portion of their
weight to the last axle of the towing unit causing that axle to exceed
the tire load limits.
Section 24002(a) CVC prohibits a vehicle or combination of vehicles
which is in an unsafe condition or which is not safely loaded and which
presents an immediate safety hazard from operating on the highway. This
section provides officers the authority to stop a vehicle or combination
of vehicles that is, in the officer’s opinion, unsafe to operate on
the highway. This section could be used to prohibit a driver from
continuing until the unsafe condition is fixed.
Q: “If they were to have an accident would they be cited?”
A: The officer investigating the collision would make the
determination whether to cite the driver based on evidence collected
during the investigation and the determination of the cause of the
collision.
Q: “Would their insurance company pay damages?”
A: Please contact your insurance company to obtain damage claim
information.
I trust this has adequately answered your questions. Should you desire
any further information, please contact Officer Ron Leimer, of my staff,
at (916) 445-1865. Sincerely,
S. B. DOWLING, Captain
Commander
Commercial Vehicle Section" *** (eoq)
Pretty much nails down the last axle/tire of the tow vehicle which in the OPs case is the F350 srw rear axle/tire load ratings will be used for weighing a overloaded vehicle.
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