Hot shotters towing overweight?

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Haggs

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Ok, so I get that the manufacturers ratings are not "legal" ratings (at least not that I can find) and that they are just stated capacities.  I get that hotshotters "tag" or license their vehicles for more weight than they are rated for from the factory, but if they were ever in an accident that resulted a death or serious injury, would they still be in trouble based on towing over man. ratings or would they be ok since they were licensed to be overweight?  Basically does the manufacturers ratings trump all else when it comes to cases of vehicular manslaughter or law of negligence?  Does anyone have proof?
 
The ratings only enter into it legally if there is a civil suit for damages as a result of an accident, and then only to the extent a trial lawyer can interest a jury in how it might (or might not) have contributed to an accident. Vehicular manslaughter is a different matter - it's a crime under some state statutes and may be either a felony or a misdemeanor, depending on how the state law is written. I suppose a state attorney might take an overweight condition into account when deciding to prosecute or not, but I doubt if any state law actually cites overweight as a condition for a manslaughter charge.

The manufacturer ratings are "legal" in the sense that they are the original and official source for the rating data. Anyone attempting to claim some different number than the manufacturer rating would have the burden of proof to show why their number should be applied in lieu of the manufacturer rating.
 
If a hot shot is being driven commercially, then it is subject to being weighed and the weight the officials will look to is the manufacturers rated weight.
 
Ken & Sheila said:
If a hot shot is being driven commercially, then it is subject to being weighed and the weight the officials will look to is the manufacturers rated weight.

Not always... I know of a few guys that run un-marked pickups so they look as if they are common Joe hauling supplies or equipment back home. Now for those that have DOT numbers on the truck with a commercial name on it yes they have to weigh in every time. There is ways around the system.
 
Former investigator in PA.  Charges would be brought (too tired to go into which charges, depends on the totality of the circumstance), based on the GCWR of the vehicle from the manufacturer.  How it is registered is irrelevant.  These Hot Shotters must be circumventing system(s) in areas that have antiquated vehicle codes.  Any Hot Shotter would be a cold shotter after I threw the book at him or her, represented by an attorney or not-

Just my 2 cents.

If there is any risk involved don't do it.
 
>>Not always... I know of a few guys that run un-marked pickups so they look as if they are common Joe hauling supplies or equipment back home. Now for those that have DOT numbers on the truck with a commercial name on it yes they have to weigh in every time. There is ways around the system.<<

I had a boss back in the 80's who believed that until he had to bail one of his drivers out of jail and ended up with a VERY large fine.

ken
 
Guess I missed this some how. 
  I towed commercially (legally) with mostly one ton DRW trucks pulling GN equipment trailers moving my own construction companies materials and wheeled equipment multi state between job sites. I have approx 800k safe driving miles doing so. No over load tickets or OOS tags or impounded vehicles.  And no this isn't hotshot work.  A one ton DRW with a dot number  and big GN trailer loaded to the max doesn't mean its a hotshot.

The GCWR/GVWR civil lawsuit thing comes from mostly RV websites.
    Any civil lawsuit has to go through pre trial hearings and once its determined the truck was illegally overloaded its cut and dried against the trucker. In the trucking industry its not uncommon for a illegal hauler to face criminal charges or civil lawsuits based on legal weight issues which the manufactures GVWR or GCWR doesn't enter the picture.

A few so called hot shots (LTL truckers) are hauling illegally. These are the morons carrying weight above the trucks drive axle/steer axle or the trailer axles. Nor many times do they have the proper legal registration or commercial  insurance no IFTA stickers/etc. Don''t confuse these morons with the LTL industry as a whole. Most LTL owners operate within fed motor veicle size and weight laws that are enforced by the states.

The truck manufactures GVWR has no legal status as far as how much load a truck may carry. That is determined by the trucks GAWRs on the door post certification placard .

The truck makers GCWR is another number that has no legal status as it isn't on the truck anywhere nor is there a fed/state requirement for it to be. The trucks  GCW(R) legally can be the sum of the truck and trailers axle ratings. The truck and trailers GAWRs are on each vehicles certification placard.

  Another misconception mostly on RV websites, is states have different size and weight laws. This simply isn't the case since the feds created FMCSA in '00. Everyone is on the same page with a truck/trailer gross axle weights/gross combined weights and  gross vehicle weights.

Hotshot operaters are just like OTR operaters. Most are hauling safe/legally and a few are nite time operater types that haven't got cought...........yet.





 



 
longhaul said:
  The truck manufactures GVWR has no legal status as far as how much load a truck may carry. That is determined by the trucks GAWRs on the door post certification placard .

The truck makers GCWR is another number that has no legal status as it isn't on the truck anywhere nor is there a fed/state requirement for it to be. The trucks  GCW(R) legally can be the sum of the truck and trailers axle ratings. The truck and trailers GAWRs are on each vehicles certification placard.
Interesting stuff. I am curious how all this really works.

Does this mean that I can haul a trailer that is way over my tow rating as long as the trailer axles are rated to carry the weight of the trailer and I don't go over my axle ratings of the truck?

Let's just say I have a travel trailer that weighs 20K lbs. The tongue weight is 2000 lbs and the axles on the trailer are rated to carry the 20k lbs.

Even though my tow rating is only 14K lbs I will not be over the axle rating on my truck or will I be over the axle rating of the trailer.

Would I be able to legally haul the trailer?
 
warsw said:
Interesting stuff. I am curious how all this really works.

Does this mean that I can haul a trailer that is way over my tow rating as long as the trailer axles are rated to carry the weight of the trailer and I don't go over my axle ratings of the truck?

Let's just say I have a travel trailer that weighs 20K lbs. The tongue weight is 2000 lbs and the axles on the trailer are rated to carry the 20k lbs.

Even though my tow rating is only 14K lbs I will not be over the axle rating on my truck or will I be over the axle rating of the trailer.

Would I be able to legally haul the trailer?

In PA No. Check out your state's vehicle code.

You could be charged with Title 75 section 4942 c.
4942.  Registered gross weight.

(a)  Single vehicle limits.--No vehicle registered as a truck, a combination or a trailer shall be operated with a gross weight in excess of its registered gross weight.

(b)  Truck towing trailer.--No vehicle registered as a truck shall be operated with a gross weight, exclusive of any trailer being towed, in excess of its registered gross weight as a truck.

(c)  Combination.--No combination containing a trailer having a gross weight or registered gross weight in excess of 10,000 pounds shall be operated with a gross weight in excess of the registered gross weight of the truck or truck tractor for a combination.


(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

edit: Fixed bad close quotation. -LS
 

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