Forum Discussion
blt2ski
Feb 19, 2015Moderator
DW-gray wrote:blt2ski wrote:
Title 49 is what an OEM has to build to. The individual states, do not enforce this spec in licensing or equal. As there is not a way to field test this spec when you are pulled over.So the states whether own field tests that will hold up in court.
One can spout all they want about this or that spec, but from a legal field test or equal issue, it needs to be black,k and white for an Leo to ticket, or get you off the road somehow with a law. Mean while in civil.court, the bar is much lower, so some of these specs will hold up in court.
I know in Washington state, NONE of these specs are used by Leo or cveo folks.
Marty
Don't really understand the reason you want to bring enforcement or other legal issues into this thread. That's not part of the discussion, nor should it be. Title 49 is related to what is required for manufacturers and as such, manufacturers are required place a certification label on the vehicle that includes GVWR, GAWRs, ect. Those are the weights that are never supposed to be exceeded, as well as the GCWR. And when determining towing capacity, GVWR, GCWR and GVW are used.
Its not part of the disCUSSion......wrong! you yourself are saying one needs to stay below the manufactures ratings. From a legal standpoint, that is SOOOOo totally false it is not funny. From a warranty standpoint, YES you need to stay under the ratings. BUT, there is NO LAW that states you need to stay under the manufactures ratings! So from MY standpoint, yes it is recomended you stay under the ratings.........BUT you will not be hauled off to jail for being over those ratings. You will not be fined for JUST being over those ratings, nor will you get any kind of ticket from a law enforcement person for being over said ratings. IT IS LEGAL to be over the ratings!
So when you and others state, I have to be under these ratings like it is a law, legal etc. You have brought the law part of this into this disCUSSion!
The ONLY weight law you have to follow, is the "Federal Bridge Laws" which state you get up to and no more than 20K lbs per axel. An LEO or equal can not stop you, bring you to jail etc for being over this amount. They can get you fined! they can make you move the load so you are under this wt, assuming it is possible to do so....This is also a non following fine, unlike a speeding ticket which can follow you around!
So for all the "sky is falling" baloney you and others are saying about being over weight, is very false!
IF you are truly unsafe in operation, stopping due to field tests etc.....oh, your screwed! but being overweight will not hurt you in the least per say!
Marty
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