I have always wondered why registration and motor vehicle enforcement laws seem to be the only things people are worried about. If you are involved in an accident where there are serious injuries or death, you could be charged with a felony virtually anywhere and go to prison!
Just as I would charge someone with a felony for driving double the speed limit on the wrong side of the road, I would seriously consider charging someone with a crime if they were overloaded, especially knowingly overloaded, and their operation of the vehicle caused serious bodily injury or killed another human being.
I think we all know that being 20 pounds overloaded isn't going to result in these circumstances, and driving safely is about more than weight. But what do you think the community is going to think if they know your vehicle is rated for 8,800 pounds and you were loaded to 11,000, and you weren't able to stop in time and killed a minivan full of children? And if you even had one beer before you got behind the wheel of that combination, God help you.
My state also does not allow me to register any vehicle, including my trailer, above its GVWR. Every vehicle I've registered to date, the motor vehicle division has inspected the sticker and registered it for its GVWR. That was not the case in Illinois and Indiana when I was there. If I recall correctly, my vehicle was registered for 12k pounds in Illinois and 9k pounds in Indiana. But since you all seem concerned about getting a citation for being overweight, that is possible as well. Although for me, a fine assessment is the least of my worries compared to going to the pokey if something horrible happened.
Most all crashes are preventable, but all aren't. I leave the capacity judgments to the engineers. I buy insurance against the remote possibility I might have to pay a large money judgment. But none of that will help you if you're in prison for your recklessness--and knowing you're grossly overloaded and operating that vehicle anyway is reckless.
Every state has their own criminal law and defines these terms differently. I see some posts above asking what careless or reckless means. Well that depends on the state. Reckless within the criminal law means, very generally, you're aware of a substantial and unjustifiable risk and you take it anyway. Reckless could simply mean "conscious wrongdoing." Reckless could mean wanton and total disregard for the health and safety of other people.
None of this is legal advice and how the rule might apply to YOUR situation could be very different, depending on the circumstances. But the sources of law and rules are many, and probably unknowable for even the most educated of people. Operating any vehicle in excess of its design limits, especially grossly in excess, is a dangerous gamble. The chance of getting caught is probably low. But for the one person who causes serious injuries to someone else and gets caught, the consequences could end up being life changing for both sides of that crash. That's not a risk I would ever take.
