Understanding The Types of Overweight Violations For Commercial Vehicles in Texas

Overweight violations are one of the most complex areas of traffic law there is.  There are multiple chapters in the Transportation Code dedicated to this subject alone.  That is why it is so hard to write a single article on the subject as it is too voluminous.  This article will focus on one issue that gives many defense attorneys, judges, prosecutors and enforcement officers problems.  It is crucial that a traffic ticket defense attorney understand the categories of offenses so that a client does not end up with a fine that could be thousands of dollars higher than it should be.  After reading this article, if you would like to discuss your overweight violation with an experienced lawyer, feel free to contact our office at 214-321-4105.

Overweight For The Roadway § 621.102

The first main category of overweight violations is related to commercial vehicles that are overweight for the specific roadway they are travelling.  This specific statute states the following:

Sec. 621.102.  AUTHORITY TO SET MAXIMUM WEIGHTS. 

(a)  The executive director of the Texas Department of Transportation may set the maximum single axle weight, tandem axle weight, or gross weight of a vehicle, or maximum single axle weight, tandem axle weight, or gross weight of a combination of vehicles and loads, that may be moved over a state highway or a farm or ranch road if the executive director finds that heavier maximum weight would rapidly deteriorate or destroy the road or a bridge or culvert along the road.  A maximum weight set under this subsection may not exceed the maximum set by statute for that weight.

(b)  The executive director of the Texas Department of Transportation must make the finding under this section on an engineering and traffic investigation and in making the finding shall consider the width, condition, and type of pavement structures and other circumstances on the road.

(c)  A maximum weight or load set under this section becomes effective on a highway or road when appropriate signs giving notice of the maximum weight or load are erected on the highway or road by the Texas Department of Transportation.

(d)  A vehicle operating under a permit issued under Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, 623.212, or 623.321, as added by Chapter 1135 (H.B. 2741), Acts of the 83rd Legislature, Regular Session, 2013, may operate under the conditions authorized by the permit over a road for which the executive director of the Texas Department of Transportation has set a maximum weight under this section.

(e)  For the purpose of this section, a farm or ranch road is a state highway that is shown in the records of the commission to be a farm-to-market or ranch-to-market road.

(f)  This section does not apply to a vehicle delivering groceries, farm products, or liquefied petroleum gas.

Just reading the statute, one can see that the complexities abound.  For example, how do you know what roadway limitations are?  Are the weight restrictions listed on each separate road?  Are there signs to give commercial drivers adequate notice of the weight restrictions?  If not, how do they know?  All of these questions are relevant.  As we discussed in the introduction, this area of law is complicated.  We will discuss in future articles the specific complexities of the statute.  But for now, it is enough to know where the controlling statute is for overweight violations for the roadway.

So what types of roads is the statute talking about?  In general the statute is talking about the following types of roadways:

1. State Highways
2. County Roads
3. City Roads – No Thru Truck Zone Cases

Overweight For The Vehicle § 621.101

If you thought overweight for the roadway violations were complicated, they aren’t half as complex as vehicle specific overweight tickets.  In order to understand the basic legal structure, you need to know what the controlling statute is and how it operates.  The controlling statute is listed below and states the following:

Sec. 621.101.  MAXIMUM WEIGHT OF VEHICLE OR COMBINATION. 

(a)  A vehicle or combination of vehicles may not be operated over or on a public highway or at a port-of-entry between Texas and the United Mexican States if the vehicle or combination has:

(1)  a single axle weight heavier than 20,000 pounds, including all enforcement tolerances;

(2)  a tandem axle weight heavier than 34,000 pounds, including all enforcement tolerances;

(3)  an overall gross weight on a group of two or more consecutive axles heavier than the weight computed using the following formula and rounding the result to the nearest 500 pounds:

W = 500((LN/(N – 1)) + 12N + 36)

where:

“W” is maximum overall gross weight on the group;

“L” is distance in feet between the axles of the group that are the farthest apart; and

“N” is number of axles in the group;  or

(4)  tires that carry a weight heavier than the weight specified and marked on the sidewall of the tire, unless the vehicle is being operated under the terms of a special permit.

(b)  Notwithstanding Subsection (a)(3), two consecutive sets of tandem axles may carry a gross load of not more than 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets is 36 feet or more.  The overall gross weight on a group of two or more consecutive axles may not be heavier than 80,000 pounds, including all enforcement tolerances, regardless of tire ratings, axle spacing (bridge), and number of axles.

(b-1)  Notwithstanding any other provision of this section, a vehicle that is powered by an engine fueled primarily by natural gas or powered primarily by means of electric battery power may exceed the gross weight limitation under this section for the vehicle by up to 2,000 pounds, provided that the maximum gross weight of the vehicle may not exceed 82,000 pounds.

(c)  This section does not:

(1)  authorize size or weight limits on the national system of interstate and defense highways in this state greater than those permitted under 23 U.S.C. Section 127, as amended;

(2)  prohibit the operation of a vehicle or combination of vehicles that could be lawfully operated on a highway or road of this state on December 16, 1974; or

(3)  apply to a vehicle or combination of vehicles that operates exclusively:

(A)  at a private port of entry;

(B)  on private roads associated with the port of entry; and

(C)  across a public highway between private roads associated with the port of entry under a contract under Section 623.052.

Right about now, we bet you wished you had spent more time understanding algebra in high school.  For all the people that said, “why am I learning this stuff?  I’m never going to use it…” Ya well, you were wrong.  The entire gross weight formula is a huge algebra problem.  But that is only one type of violation under this section of the statute.  There are three main categories for vehicle specific overweight violations in Texas.  Those categories are:

1. Single Axle
2. Tandem Axle
3. Gross Weight

Each category can cause a citation to be issued by a commercial vehicle enforcement officer.  Each category has its own punishment range.  But generally speaking, single axles should only be around 20,000 pounds.  Tandem axles should only be around 34,000 pounds.  and the gross weight of the vehicle varies depending on the type.  For example, your typical 18 wheeler tractor trailer should max out at around 80,000 pounds.