Forum Discussion
transamz9
Apr 05, 2017Explorer
Rangerman40 wrote:blt2ski wrote:transamz9 wrote:Me Again wrote:Rangerman40 wrote:
Will it pull it.... sure
Will it pull it legally.... no. You'll be over payload
Will the law and your insurance company bend you over if you get in an accident that's your fault while being overweight...... absolutely.
All depends on what you are comfortable with.
Please clarify the law that says one can not be over the manufacturers payload number. I do not see anything here that would apply to a pickup truck. This are the Federal Weight limits that are repeated by each state.
O
https://www.ok.gov/ohpcmve/documents/Federal_Bridge_Gross_Weight_Formula.pdf
Here, I'll help a little. This following paragraphs are straight from the NHTSA site:
The term GVWR is defined in 49 CFR 571.3 as "the value specified by the manufacturer as the loaded weight of a single vehicle." The GVWR informs vehicle owners how heavily the vehicle may be safely loaded. It also affects the vehicle's loading and other test conditions for the performance tests to ascertain whether the vehicle complies with applicable safety standards.
The only express regulatory limitation on the GVWR that manufacturers may assign to their vehicles is set forth in 49 CFR 567.4(g)(3), which provides that the assigned GVWR "shall not be less than the sum of the unloaded vehicle weight, rated cargo load, and 150 pounds times the vehicle's designated seating capacity." "Unloaded vehicle weight" is defined in 49 CFR 571.3 as "the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle, but without cargo, occupants, or accessories that are ordinarily removed from the vehicle when they are not in use." Although the term "rated cargo load" is not defined by regulation, generally it is the GVWR of the vehicle minus the combined weight of the occupied designated seating positions (150 pounds times the total number of designated seating positions) and the unloaded vehicle weight.
Alterers must also determine whether their modifications affect the manufacturer's stated GVWR, gross axle weight rating (GAWR), and vehicle type. If such a change has been made, the alterer must specify the new GVWR, GAWR, or vehicle type in a manner consistent with the capability of the vehicle to comply with applicable standards and operate at higher weight rating and/or as a different type of vehicle. NHTSA expects both manufacturers and alterers to assign GVWR and GAWRs that reflect the manufacturer's or alterer's good-faith evaluation of how the vehicle's braking, load bearing items (including tires), suspension, steering, and drive train components will react to the vehicle's weight, size, cargo-carrying capacity and intended use.
Here's a little more:
“...The term GVWR is defined in 49 CFR Part 571.3 as ‘the value specified by the manufacturer as the loaded weight of a single vehicle.’ the GVWR informs vehicle owners how heavily the vehicle may safely be loaded. It also affects the vehicle’s loading and other tests conditions for the performance tests to ascertain whether the vehicle complies with applicable safety standards. NHTSA expects the GVWR to reflect a manufacturer’s good-faith evaluation of the vehicle’s size, weight, load carrying capacity, and intended use.”
“NHTSA’s regulations on GVWR only addresses the GVWR of new vehicles. This is because the agency’s safety standards apply only to new motor vehicles and new motor vehicle equipment. There is a provision, §108(a)(2)(A), in the Vehicle Safety Act that prohibits manufacturers, distributors, dealers and motor vehicle repair businesses from knowingly rendering inoperative in whole or in part any device or element of design installed in accordance with a Federal Motor Vehicle Safety Standard. These parties would be subject to this provision if they were to modify your vehicle’s suspension. However, the provision does not apply to individual owners modifying their own vehicles.”
“Because we do not regulate how individuals modify their own vehicles (and thus do not prohibit you from modifying your vehicle’s suspension), we are unable to advise you about the specific modifications that must be made to a vehicle for it to safely carry an additional 1,000 pounds. Among other things, however, you should carefully evaluate whether the vehicle’s axles, brakes, tires, and frame can adequately handle the additional load. We suggest you consult with the original vehicle manufacturer about this question. You may also wish to consult a local attorney concerning possible liability in the event your vehicle is involved in an accident.”
This is not what cveo's and Leo's enforce. They enforce federal bridge laws, which is based on lbs per axle, and tire width.
Manufactures have to follow this law, you as an operator should, do not have to.....
At least, I've never had a cveo enforce it, they've told me in classes they do not enforce it.
Marty
You are looking at the issue wrong. Don't look at the enforcement aspect look at the insurance aspect and court aspect. If you get in an accident that is your fault while towing overweight and you seriously hurt/kill some people lawyers are going to come calling. When they do their due diligence they will undoubtedly check into your weights. When it comes back you were over you are hosed in court at a civil level, and then your insurance is going to tell you to piss off when you owe some family a few million bucks. Does the term "gross negligence" mean anything to you?
So what you are saying is IF I was one that will sue on a drop of a hat that I couldn't sue you for anything? We all know there are people out there that are looking to sue someone for anything. If god forbid something happened and I was the cause of the accident then I will take full responsibility for it but keep in mind I keep extensive records on my vehicles and what I do to them so you are going to have to prove that me being over the little yellow sticker is what caused the accident.
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