Forum Discussion
JIMNLIN
Jan 19, 2009Explorer III
10Ton wrote:
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One could register for a huge weight rating and be illegal on axle, or other limits,
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Some states give little attention to RV's and others are a little more finicky, and have rules they simply have chosen to pay more attention to.
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good points by Ken who most likely knows more about the whole GVWR/GAWR/tire cap door tag/bridge formula enforcement issues ,in different states, pertaining to commercial issues for over 10k trucks than the whole of any RV forum. Like many truckers he runs coast to coast and border to border and has to stay compliant in each state he operates in or travels through.
Had a face to face talk with a OHP officer from our new "S" troop who is OKs new commercial vehicle enforcement division and knows how OK enforces door tag info for commercial and non commercial operators using under 10k and over 10k trucks with combined tow. Some posters have pointed out if the door tag is missing it doesn't mean anything anyway or its like a matteres tag/etc. He gave me a several fed and OK statute numbers. One is FMCSA part 390.5 interpetation side which says ;
Question 3: If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs?
Guidance: Yes. The only apparent reason to remove the manufacturer’s GVWR plate or VIN number is to make it impossible for roadside enforcement officers to determine the applicability of the FMCSRs, which have a GVWR threshold of 10,001 pounds. In order to frustrate willful evasion of safety regulations, an officer may therefore presume that a vehicle which does not have a manufacturer’s GVWR plate and/or does not have a VIN number has a GVWR of 10,001 pounds or more if: (1) It has a size and configuration normally associated with vehicles that have a GVWR of 10,001 pounds or more; and (2) It has an actual gross weight of 10,001 pounds or more.
A motor carrier or driver may rebut the presumption by providing the enforcement officer the GVWR plate, the VIN number or other information of comparable reliability which demonstrates, or allows the officer to determine, that the GVWR of the vehicle is below the jurisdictional weight threshold." end of quote
Now whats important is to understand how FMCR's use GVWR. For a combined tow ( truck and trailer) the only place its used is in the purchase of a higher combined plate/tag/sticker or what ever your state calls it, just as 10 ton says. GVWR is not how much weight the truck can carry. Thats the function of door tag GAWR's/tire caps. Simply put OK allow the operator to buy more GVWR (up to 15000 max) to be able to pull more. Thats the gist he gave me and I'm satified with it.
10 ton and a few others comments on the different state enforcement of GVWR/GAWRs which are the point of the topic are correct. Some continue to believe how their state (or their theory) interpets and enforces door tag info is how all states interpent. Experienced truckers such as 10 ton probably has learned the hard way the fallacy of that myth.
I asked the lieutenant if OK have new regs regarding door tag GAWR for commercial enforcement vs non commercial side. His comment was they are one and same regarding a LDT and a combined tow using any type of trailer.
I'm satisified with using my state officers weights interpetation and enforcement of door tag GAWRs and what GVWR does and doesn't do. GVWR isn't even on our trucks title unless it has been uprated per OK tax commision regs. I'm certainly not saying thats how all state enforce weight regs. I'll leave that up to you guys to find out.
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