Overweight Dump Truck

ShawnaS · #1 06-14-2007, 11:50 AM

What is the name of your state? Michigan

My husband does road construction and is currently working on a jobsite on a highway. He drives a dump truck in which he hauls product from their site through the construction zone to wherever they need the product (mainly dirt).

He was pulled over and was told to go to a scale to be weighed. He was 6500 pounds over weight (2 loader buckets full of dirt). They also gave him a ticket for not tarping his load, which he does when he starts to leave the site, he said so the wind will catch it (I dont know....). The total came to $1,036.00. His employer is making him pay this ticket.

My first question is, can he fight it? He had no way of knowing he was overweight, he didnt load the truck, and there is not a scale on the site. The officer told him to use better judgment next time..... He was also told by some guys at the site that he cant be pulled over while in the construction zone and be made to go to a scale. He's not sure if this is true though.

Second is, Is he responsible for the ticket? I know he was driving and I understand that he should have to pay it, just wondering....

Thanks so much!

lwpat · #2 06-14-2007, 03:49 PM

He is responsible for the ticket and should know how many buckets to put in the truck so it will not be overweight. It also has to be tarped. Sounds like there were some complaints.

He may have a defense depending on the area.

If he was on a highway with other vehicles he has to put on the tarp. If the road is being reconstructed and he was not on a section to remain as is, he should be able to get the overweight ticket dismissed. One of the state people on the job should be able to tell him.

ShawnaS · #3 06-14-2007, 07:38 PM

He knows about the tarp one. I agree he was stupid on that part and I let him know it. This is his second tarping ticket.....

As far as buckets, he wasnt loading and its hard to tell when you dont know how many rocks or anything else are in the dirt. It wasnt clean dirt.

This is what he told me anyway..... just trying to get advice about this.