Lawyer For Overweight Ticket In Texas
As if overweight commercial vehicle violations are not complicated enough. Applying the penalty statute is where the “rubber meets the road.” If the penalty statute is applied improperly, then it can cost a commercial driver and their company thousands of dollars. This is why it is imperative for attorneys and commercial drivers to have a solid understanding of the fine ranges and how they apply to any alleged overweight violation. After reading this article, if you have specific questions of your own or would like to discuss hiring our legal professionals for an overweight ticket, feel free to call our office.
Penalty Statute
Over Gross Weight Violation
There are two main penalty statutes that apply to overweight violations. These statutes are where prosecutors, enforcement officers and even judges can incorrectly apply the law to come out to an unjust result for the commercial driver if you are not careful. You have to know this statute clearly enough to defend yourself or your client. The statutes are as follows:
Sec. 621.506. OFFENSE OF OPERATING OR LOADING OVERWEIGHT VEHICLE; PENALTY; DEFENSE. (a) A person commits an offense if the person:
(1) operates a vehicle or combination of vehicles in violation of Section 621.101, 622.012, 622.031, 622.041, 622.0435, 622.051, 622.061, 622.133, 622.953, or 623.162; or
(2) loads a vehicle or causes a vehicle to be loaded in violation of Section 621.503.
over tandem axle weight violation
(b)Except as provided by Subsections (b-1), (b-2), and (b-3), an offense under this section is a misdemeanor punishable:
(1) by a fine of not less than $100 and not more than $250;
(2)on conviction of an offense involving a vehicle having a single axle weight or tandem axle weight that is heavier than the vehicle’s allowable weight, by a fine according to the following schedule: see chart
(3) on conviction of an offense involving a vehicle having a gross weight that is heavier than the vehicle’s allowable weight, by a fine according to the following schedule: See chart
Sec. 621.507. GENERAL OFFENSE; PENALTY. (a) A person commits an offense if the person violates a provision of this subtitle for which an offense is not specified by another section of this subtitle.
(b) An offense under this section is a misdemeanor punishable:
(1) by a fine not to exceed $200
Breaking Down The Sec. 621.506 Chart
single axle weight violation
The chart of fines referred to above is not as concise as the one our firm has recreated to make sense of the statute. So instead of using the chart from the transportation code, we have chosen to use ours instead. It is important to understand that the chart below only applies to vehicle specific weight violations. That means that if this chart is applied to cases where the commercial vehicle is alleged to be overweight for the roadway, then it is being applied incorrectly. Do not allow a prosecutor, judge or law enforcement officer to apply this chart to overweight for roadway violations. Overweight for roadway violations carry a maximum fine of $250.00. If anyone is trying to collect more than that for a roadway weight violation, then they need to be corrected.
| Pounds Overweight | Fine Range |
| 621.506(b)(2): SINGLE AND TANDEM AXLE WEIGHT | 621.506(b)(2): SINGLE AND TANDEM AXLE FINE |
| 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 |
| 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 |
