Overweight fines for new O/O?

Discussion in 'Ask An Owner Operator' started by DLament, Mar 12, 2022.

  1. DLament

    DLament Bobtail Member

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    I'm a new O/O, just got my MC and I'm out and rolling. My question is somewhat about the safety audit or getting pulled over by dot, can they go back to previous BOL or scale tickets to give overweight tickets? I'm into bulk commodities, that's what I've been doing since I started driving 6 years ago, but have never worried about this because the people I worked for didn't care because your paid by weight of product. I'm on a lane now that where I'm loaded doesn't have scales so I don't know my weight until I get to my drop off. I've had a few load that I was 8-12k over before I got it down on how to load the truck. Can dot go bad to these previous loads and fine me for it? Thanks for any responses drivers!
     
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  3. abyliks

    abyliks Road Train Member

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    Only if you keep a record of it and depending how you are invoicing, I wasn’t asked for any BOL or scale tickets on my new entrant audit, Scale tickets get shoved in a box, bag etc, any ways, never had them,I would carry extra slips and just write out estimated xx yards of dirt/stone etc for if I got stopped

    even if you do get stopped overweight there’s no points or anything, just pay the ticket and go, 8-12k over is nothing for a dump trailer/walking floor
     
    Last edited: Mar 12, 2022
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  4. DLament

    DLament Bobtail Member

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    Thanks for the reply! Most of my rates are bid $xx per ton and invoices are itemized by load so I guess of they don't know my empty weight or don't do the math I shouldn't make a big deal out of it? Never worried about it in the past, have always ran heavy but never worried about it because it wasn't my coin, new perspective on it now...
     
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  5. D.Tibbitt

    D.Tibbitt Road Train Member

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    No driver, don't be paranoid. The only way they can fine you is if they catch you in the act .
     
  6. kranky1

    kranky1 Road Train Member

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    They can fine you all they want, won’t hold up in court anywhere. They’re going to hope you just pay it and go on. In court they have no evidence without the scale ticket from when they weighed THAT truck with THAT trailer hooked to it and THAT load on it. For evidence to hold up, the cop or scale master that lays the charge would have to have been present when the truck was weighed on a certified scale. “Somebody’s” scale ticket means nothing when they can’t prove anything that relates to it. Unless your D/L# is right on that scale ticket they can’t even prove who was driving the truck when it was weighed. As I said, It would be a fishing trip for them. They know that unless you are local it’s going to cost you more to fight it than just pay the ticket. Cop have to be either really green, or dumb as a sack of hammers to lay a charge under the circumstances you describe.
     
  7. DLament

    DLament Bobtail Member

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    Thanks for all the replys. Guess I'll just keep on keepin on with it. These days, being paid by weight, I try to get as much in the box as i can cause whether I'm 70k or 100k I'm burnin about the same fuel for the trip but one pays a little better ;)
     
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  8. Magoo1968

    Magoo1968 Road Train Member

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    Their was a dump truck company in Edmonton Alberta that got a 1.8 million dollar fine for overloads based off bills of lading .. they splashed it all over the news but barely said a peep when the courts threw it all out .
     
  9. Magoo1968

    Magoo1968 Road Train Member

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    Thing to remember about running overweight is any accident whether it’s your fault or a drunk who hits you head on and dies . They will put all blame on you if wagon is weighed because lawyers will state that’s why you couldn’t stop.
     
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  10. DLament

    DLament Bobtail Member

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    Very good point, and I don't plan on intentionally way overloading. My main concern was more that in say 3 months that I get pulled over and get a fine for 20 loads that I was overweight on a month ago and have to pay a $10,000 fine. Being paid by the ton I want to get as much net as I can get and being underweight is leaving $$ on the table.
     
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  11. W923

    W923 Road Train Member

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    If you’re carrying scale tickets that show you’re over weight or were over weight I would keep them well out of sight and play dumb if anyone ask about them.
    I have been asked for my scale tickets before by dot running my tandem dump truck
    I carry an extra water jug and put them in there, usually keep one or two out if they are not self incriminating.
    I don’t know if they can really do anything or not but why make it easier for them. Just my .02
     
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