How To Correctly Determine The Fine Amount For Overweight Commercial Vehicle Violations

Overweight commercial vehicle fines can be some of the highest fines in the transportation code.  With a maximum fine for over gross weight rising as high as $10,000.00 for first time offenses, you and your lawyer have to understand the complexities of the law so that you are not taken advantage of during the judicial process.  This article is meant to assist commercial drivers and their lawyers understand the penalty statute for commercial overweight cases and how to apply it to your particular case.  If you would like to discuss your overweight case with our experienced attorneys after reading this article, feel free to contact us at 214-321-4105.

The Penalty Chart For Overweight Vehicles

It is important to understand that the chart below is vehicle specific.  As the example will show, misapplying the chart can cost a commercial driver thousands.  The chart lists a breakdown in overweight categories based on the amount the driver is alleged to be over the allowable weight.  Those categories then have an accompanying fine range based on the weight.

Pounds Overweight	Fine Range
621.506(b)(2):  SINGLE AND TANDEM AXLE WEIGHT	621.506(b)(2):  SINGLE AND TANDEM AXLE FINE RANGE
Less than   2,500lbs	$100 to $500
2,500lbs – 5,000lbs	$500 to $1,000
More than  5,000lbs	$1,000 to $2500
621.506 (b)(3):  GROSS WEIGHT	621.506 (b)(3):  GROSS WEIGHT FINE RANGE
Less than   2,500lbs	$100 to $500
2,500lbs – 5,000lbs	$500 to $1000
5,001lbs – 10,000lbs	$1,000 to $2,500
10,001lbs – 20,000lbs	$2,500 to $5,000
20,001lbs – 40,000lbs	$5,000 to $7,000
More than 40,000lbs	$7000 to $10,000

Applying The Chart – Example Scenario

SCENARIO: Semi-Truck weighted at 80,000lbs passes this sign.

QUESTION 1:  How much is he overweight based on the sign?

QUESTION 2:  What should the fine be?

DISCUSSION:  Based on the sign, the gross weight allowed on the roadway is 58,240 pounds.  Because the semi-truck weighs 80,000 pounds, it is a violation to be on that roadway.  The alleged weight over based on the sign’s allowable weight is 21,580 pounds.

APPLYING THE CHART ABOVE:  If the chart above is applied, then the commercial driver would be in the fine range of $5,000.00 to $7000.00 as they are between 20,001 pounds and 40,000 pounds over the allowable weight for the roadway.

Was The Chart Applied Properly?

The short answer is no!  This is where commercial drivers are being taken advantage.  Remember, that an overweight for roadway violation does not fall under the chart categories for fines.  Overweight for roadway violations have a maximum fine of $250.00.  Can you see now how badly a person can be taken advantage of if the chart is not applied properly and understood by your defense attorney?  Based on this scenario a commercial driver could have been forced to pay $6,750.00 more than they should have paid.  Not understanding how the fines should be applied is not an option when the fines ranges are so high.  You have to understand the application of the chart if you are defending commercial overweight tickets.

Roadway Versus Vehicle Violations

Again, it is crucial to understand that overweight for roadway tickets do not get the super high fines that are outlined in the transportation code and the chart above.  It is important for you to be able to do the following when defending overweight commercial vehicle tickets:

• Understanding the difference between roadway and vehicle weight violations
• Realizing that this issue is still very much in conflict across Texas
• Being able to explain intelligently why overweight for roadway tickets are separate from overweight for vehicle tickets.
• Being able to explain why the punishment range is so different for each offense.
• Having the legal authority to back up your arguments.

Public Policy Argument

So why are the fines so high for one and not the other?  What is the difference?  Well, you are going to have to explain that to a prosecutor, an enforcement officer and quite possibly a judge.  You better be able to answer that question intelligently.  The answer is simple.  One violation is protecting the roadway from damage, while the other category is protecting the people on the roadway.  Being overweight for a roadway and overweight for roadway signs are meant to protect the road from damage like potholes, sagging, etc.  However, overweight vehicles cause severe stress on the vehicle itself, increasing braking times, tire tolerances, and causing many other internal issues with the vehicle.  These issues can increase the likelihood of serious car accidents and fatalities on the roadway.  In a nutshell, vehicles that are over their registered weight can kill.  Therefore, the fine needs to be high enough to get the point across that these types of vehicles are inherently dangerous and will not be tolerated.

Hire A Lawyer For Overweight Violations

Another point that needs to be made is that these laws are overly complex.  If you are wise, you will seek the assistance of an attorney that is experienced in defending commercial overweight violations.  If you hire an attorney for an overweight ticket, make sure they know what they are doing as these are not typical tickets.  They truly are in a class of their own.