Presented by J. Chance Smith Overweight Citations Presented by J. Chance Smith

General CMV Overview Front Axle 12k Tandem Axle 34k Total Gross 80k Group of Axle Weight Allowed Varies with the Bridge Law Formula

The Client – Driver vs. Company Driver is the Ultimate Client, but typically company will hire you. Owner-Operator is the exception Ethical Obligation belongs to the Driver GET THE CONTRACT Signed by the Driver End Result is that Driver is Responsible for Fine Amt. The Company (make sure you KNOW them) Appeal Bonds seriously expensive – 2 surety bonds They are worried about the financial aspect Many companies run heavy on purpose No CSA points that I can find, just Financial Problem But can trigger DPS Audit, fines very high

Applicable Statutes Texas Transportation Code Sec. 621.101 – General Weight Limits Sec. 621.506. OFFENSE OF OPERATING OR LOADING OVERWEIGHT VEHICLE; PENALTY; DEFENSE. Sec. 623.011. PERMIT FOR EXCESS AXLE OR GROSS WEIGHT. Sec. 623.019. VIOLATIONS OF SUBCHAPTER; OFFENSES. – (Permit Penalties)

Statutes Cont’d. Sec. 621.101. MAXIMUM WEIGHT OF VEHICLE OR COMBINATION. (a) A vehicle or combination of vehicles may not be operated over or on a public highway or at a port-of-entry between Texas and the United Mexican States if the vehicle or combination has: (1) a single axle weight heavier than 20,000 pounds, including all enforcement tolerances; (2) a tandem axle weight heavier than 34,000 pounds, including all enforcement tolerances; (3) an overall gross weight on a group of two or more consecutive axles heavier than the weight computed using the following formula and rounding the result to the nearest 500 pounds: W = 500((LN/(N - 1)) + 12N + 36) where: "W" is maximum overall gross weight on the group; "L" is distance in feet between the axles of the group that are the farthest apart; and "N" is number of axles in the group; . . .

FINES and Penalties Sec. 621.506 – Fines if no permit involved Justice Court and Municipal Court have Jurisdiction Over Single Axle or Tandem Axle Weight Pounds Overweight Less than 2500 = $100 - $500 2500 – 5000 = $500 - $1000 More than 5000 = $1000 – $2,500 Over Gross Weight of Group of Axles Less than 2500 = $100 - $500 2500 – 5000 = $500 - $1000 5,001 – 10k = $1000 - $2500 10,001 – 20k = $2500 - $5000 20,001 – 40k = $500 - $7000 More than 40k = $7000 - $10,000 (b-1) On conviction of a third offense punishable under Subsection (b)(2) or (3), before the first anniversary of the date of a previous conviction of an offense punishable under Subsection (b)(2) or (3), the defendant shall be punished by a fine in an amount not to exceed twice the maximum amount specified by Subsection (b)(2) or (3).

Fines and Penalties – Permit Issue If the company has a permit, the fine schedule is the same as the prior slide except for one nuance. Sec. 623.019 – controls fines if permit involved Sec. 623.019(f) - (f) A justice of the peace has jurisdiction of any offense under this section. A municipal court has jurisdiction of an offense under this section in which the fine does not exceed $500.

Permits 1547 Permit – available to client under Sec. 623.011 Valid for a year Allows 10% added to Tandem Axle (37,400 lbs) Allows 5% added to Gross Weight (84,000 lbs) Must be in the Truck and Must have sticker in Window Many Restrictions Not Valid on Interstate Highways or Defense Highways Annual Permit – Will allow 120,000 lbs – Sec. 623.071 Much more restricted Violate a condition and permit deemed VOID Single Trip Permit – Sec. 623.071(g) Valid for three day period Route is designated Can modify to move larger, wider, heavier loads (more Fees) Sec. 621.510. PERMIT VOID. A permit issued under this chapter is void on the failure of the owner or the owner's representative to comply with a rule of the board or with a condition placed on the permit by the department.

Bridge Weight Calculator Web Address Bridge Law Officers can basically Cherry-pick the Best $$ Violation Cops can weigh any group of axles with the correct measurements Defense: the distance between axles must be listed on the ticket Kaufman County Sherriff not doing it W = allowed weight L = Length – distance between axles N = Number of axles in group Rock trucks are not 53 ft – actually 47ft = 77,500gross – permit = 81,375 Bridge Weight Calculator Web Address http://www.ops.fhwa.dot.gov/freight/sw/brdgcalc/calc_page.htm

The Scales Fixed / Stationary scales or scale house Portable Scales Typically better maintained Less Errors Level, thus better results for police Portable Scales MUST be on level ground – side of highway not valid Must be Calibrated More regularly – moved around Must be DPS Approved and Certified - Sec. 621.506(i) Generally . . . Scale readings can be affected by temperature, Damp heat, number of uses, Brakes not being Fully Released, surface of the ground (dirt, gravel, Concrete, Asphalt), The Trucks Suspension system

Defense Arguments Scales are the number one Weakness How the weight was taken and where it was performed 621.506(i) – No fine may be assessed if the scales were not furnished by or approved by the Dept. of Public Safety Officer Training on Scales Is he DOT Certified or just Weight Certified? (621.401) Public Safety Defense Point of View Sec. 621.403 – States that if found over gross by more than 5% officer shall make the driver dump part of load before leaving Sec. 621.404 – States if over tandem officer SHALL give right to shift load before proceeding onward Difficulty Proving the Formula – Axle distance listed on TKT? Client getting weighed at Certified CAT scales shortly after Having the weigh ticket is big advantage

Defense Continued . . . House Bill 1252 added weighing procedures to be stipulated by DPS – Effective 1-1-2016 Can find the Administrative Code, Title 37, Part 1, Ch. 4, Sub. D, Rule Sec. 4.56 (a) A "weight enforcement officer" has the meaning as defined in Texas Transportation Code, §621.401. (b) Law enforcement agencies employing weight enforcement officers must enter into a memorandum of understanding with the department prior to conducting any weight enforcement. All weight enforcement officers must have attended and successfully completed weight enforcement training provided by the department prior to certification. In order to maintain certification, a weight enforcement officer must fulfill all the continuing education requirements as detailed in the memorandum of understanding between the department and the agency. (c) Weight enforcement officers must utilize scales of a type approved by the department. The department will furnish upon request a list of approved makes and models of scales as outlined in §4.54 of this title (relating to Minimum Standards for Scales not Furnished by the Texas Department of Public Safety). (d) Scales utilized must be calibrated yearly by a certified scale technician or certified vendor. Agencies must utilize the certification form provided by the department and keep certification records for three years from the date of certification. (e) An annual report will be compiled by each jurisdiction utilizing weight enforcement officers and submitted to the department by January 31st each year. (f) The department may revoke or rescind the authority of:   (1) a weight enforcement officer who fails to comply with this section; or   (2) a weight enforcement officer of a municipal police department, sheriff's department, or constable's office who fails to comply with this section.

Farm Truck Defense If the truck is loaded with timber, pulp wood, wood chips, or cotton, livestock, or other agricultural products that are: In there natural state, and Being transported from their place of production Get 12% tolerance on the single axle and tandem axle 38,080 on tandem NO tolerance given on over gross – strictly 80k Not Valid on Interstate Hwy

Closing the Case Money is the most pressing issue Use your knowledge to give the prosecutor a reason to settle the case below the Minimum allowed Deferred = special expense fee, thus can go below Min. Threatening Trial and showing the Pros. The formula is a strong tactic Client and Officer meeting Most Law Enforcement Agencies are willing to meet and explain the weight restrictions to companies