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Old 11-22-2018, 01:14 PM   #15
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Quote:
Originally Posted by Old-Biscuit View Post
If you do NOT exceed Axle/Tire Load Ratings you are NOT overloaded.
Try as you may, but there is zero credibility in your statement when every single manufacturer specifically tells you to never exceed the ANY of the weight limits of the truck. You don't get to pick and choose which ones you abide by and which ones you ignore. Of course, there is pretty much nothing stopping someone from ignoring them. You may be correct about the legalities of being overloaded, but I have seen posts on this forum before from retired officers or DOT folks that talked about issuing citations for non-commercial violations on RVs that were overloaded....and I'm not talking axle ratings or tire ratings.

The bottom line is that each and everyone of us has a responsibility to tow safely and within the capabilities of the truck/trailer that we are using. And if you are exceeding the manufacturer's posted weight limits for a particular vehicle, in my opinion, you are overloaded. I know you disagree with that, but in all fairness to the O.P., they need to see both sides of the towing coin and then make a decision that will work for them.....hopefully following the manufacturer's advice.
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Old 11-22-2018, 01:25 PM   #16
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Point to add, even if you do/or dont abide by the weight limits you dont "think" apply to you. Towing beyond any specified MFG limit opens you up to civil litigation should you have a vehicle incident. The potential cost from that alone far out weighs the price of the appropriate truck. Think ahead and plan for the worst. And stop putting my life at risk on the road, I dont appreciate it.
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Old 11-22-2018, 02:17 PM   #17
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Being involved in ANY accident opens you to litigation whether you are at fault or not.


MFG. place GVWR on their vehicle based on CLASS Distinctions.


Many states allow registration above mfg. stated GVWR....just pay the higher fees



Old tired argument ....litigation/mfg. standards-ratings
YET NO Statutes are every posted

DOT axle/tire ratings ARE Legal standards/limits and citable......NOT GVWR




One needs to research and then with real information they can decide on what is real or rhetoric/hyperbole
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Old 11-22-2018, 02:49 PM   #18
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Yes if a DOT officer or highway patrol puts you on scales. There looking at axle weight ratings and tire ratings. Over in those and its so much a pound your over. I think at one time I was told $3 a pound over.

However one could assume if over on axle weight your over on GVW as well
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Old 11-22-2018, 04:15 PM   #19
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I know its commercial but ive known drivers whove been over on gvwr and have been cited in pennsylvania when going through a weigh station. I cant think of anywhere that makes vehicles without dot numbers pull over for scales. Its the gcvwr number thats the bogus number though for sure.
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Old 11-29-2018, 11:51 PM   #20
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Originally Posted by Scarab0088 View Post

And thereby, an overloaded vehicle WILL be identified as such which could be part of affixing FAULT or Cause.

Although towing overload may cause you to lose control and be at fault, towing overload, in an of itself, will not make you at fault in a accident that would otherwise be the fault of another party.
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Old 11-30-2018, 03:21 AM   #21
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To the OP - just an fyi, most 3/4 ton trucks towing a 5th wheel are overloaded. A 3/4 ton truck simply does not have the cargo capacity to carry the pin weight plus everything else. Another weak point on a 3/4 ton truck is the low capacity rear axle.

To tow mid sized 5th wheels you need at least a 1 ton SRW and larger 5th wheels a 1 ton DRW truck to carry the weight.

A 3/4 ton truck is good at towing travel trailers but not 5th wheels.
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Old 11-30-2018, 11:48 AM   #22
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Originally Posted by fvstringpicker View Post
Although towing overload may cause you to lose control and be at fault, towing overload, in an of itself, will not make you at fault in a accident that would otherwise be the fault of another party.
I would offer disagreement.
Obviously, if an operator of an overweight vehicle lost control and caused a collision, the fault would be squarely on that operator. Overweight would only be a contributing factor.

And similar contributing factors are like...

If a driver with no valid operators permit is involved in a collision - contributing fault is assigned to the unlicensed driver, even if that driver had no fault in causing the collision.

If a driver operates a vehicle without valid vehicle registration - fault is assigned to the unlicensed vehicle, even if that driver had no fault in causing the collision.

Unless the overweight vehicle was parked, there can be contributing fault assigned. I'm not saying the total fault will shift to the overweight vehicle operator, but it would be reported as a factor...unless the accident investigator left it off the report.

Safe travels
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Old 11-30-2018, 03:47 PM   #23
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I like our no fault in pennsylvania.
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Old 11-30-2018, 03:57 PM   #24
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Quote:
Originally Posted by fvstringpicker View Post
Although towing overload may cause you to lose control and be at fault, towing overload, in an of itself, will not make you at fault in a accident that would otherwise be the fault of another party.
I'm Canadian and I can tell you in my jurisdiction, one can (and in most cases IS) found at fault in this instance IF the collision ends up in litigation for personal injury or any other number of reasons. As most of Canada operate on a No-Fault system, most motor vehicle collisions don't end up in litigation but many do,

Just speaking from where I sit (and drive).
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Old 11-30-2018, 05:28 PM   #25
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Quote:
Originally Posted by Scarab0088 View Post
I would offer disagreement.
Obviously, if an operator of an overweight vehicle lost control and caused a collision, the fault would be squarely on that operator. Overweight would only be a contributing factor.

And similar contributing factors are like...

If a driver with no valid operators permit is involved in a collision - contributing fault is assigned to the unlicensed driver, even if that driver had no fault in causing the collision.

If a driver operates a vehicle without valid vehicle registration - fault is assigned to the unlicensed vehicle, even if that driver had no fault in causing the collision.

Unless the overweight vehicle was parked, there can be contributing fault assigned. I'm not saying the total fault will shift to the overweight vehicle operator, but it would be reported as a factor...unless the accident investigator left it off the report.

Safe travels
Not true. Shared fault may come itno play during a civil trial but as far as insurance reasons.

In 1996 I hit a guy from behind (totally my fault) he had a suspended license, it was not his car. The car was registered and had current tags. MY insurance paid the full ride on the car I hit. He was not assigned any fault.



In 2009 I hit a woman from behind. It was totally my fault. She was an illegal alien. Had no license, no insurance, car was on expired tags. My insurance paid the whole repair bill. No fault was attributed to her.
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Old 11-30-2018, 07:43 PM   #26
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Originally Posted by Scarab0088 View Post

If a driver operates a vehicle without valid vehicle registration - fault is assigned to the unlicensed vehicle, even if that driver had no fault in causing the collision.

I practiced tax law, so I may have been speaking out of school in respect to traffic laws in all states. However I am somewhat familiar with U.S. DOT laws/ statutes.

With that in mind, I have never heard of a state that assigns fault to an unlicensed driver or vehicle that is not at fault (albeit there would likely be a charge for operating without a proper license). By assigning fault to the unlicensed driver, the state would be letting the at fault driver off the hook while charging the not at fault driver with the traffic violation (running a stop sign, crossing the center line et cetera) he/she didn't commit. Seems to smell of arbitrary law, civil rights violation, et.al..

I would love to see a state statute or especially case law involving such a practice. It would be interesting to see how a court, and especial a jury, handled such a case.
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Old 11-30-2018, 08:12 PM   #27
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Quote:
Instead of insinuating I or anyone else that understands towing ratings/limits is in denial.....back up your statement with facts:

Post ONE State Statue that makes mfg. GVWR a citable offense.


Let me save you the time/effort......there isn't one
The BC clicky is not a statute but just a info sheet.

Read all the BC info sheet all the way to the bottom which says ;

**Information on this Info sheet is subject to
change without notice. In the event of
conflict with this Info Sheet and the Motor
Vehicle Act and Regulations, the
Acts and Regulations shall apply**

Now we go to the MVAR website which has actual weight codes.
Under "weight scales" which says;

The driver of a vehicle on a highway, when directed by a traffic sign on the highway to drive over scales, shall drive the vehicle to the scales for the purpose of weighing the whole or part thereof by means of stationary or portable scales, measuring the dimensions of the vehicle and load, measuring and inspecting the tires thereon, inspecting the load carried, or for any purpose under this Act or regulations.
*** way down in para (4) .. The gross weight of any vehicle or combination of vehicles shall be the sum of the individual gross axle weights of all the axles of the vehicle or combination of vehicles.****

BC does use a GVWR number in registering their trucks according to some BC folks . However they also report it can be the truck makers gvwr or the sum of the fawr/rawr as its gvwr or a lessor number .

Towing overloaded isn't wise. However one must understand the legal definition of a overloaded vehicle.
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Old 11-30-2018, 08:36 PM   #28
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What folks in the U.S. needs to consider if your worried about weight violations is if your gross combined weight rating (not weight) is greater than 26,000 lbs and your trailer is greater than 10,000 lbs,
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