Over 10,000 lb Declared Gross Veh. Weight Grace?

Davekro

Member
If a box truck has a 'Declared Gross Veh. Weight' (form 4008) of under 10,000 lbs, what amount over 10,000 should I expect the Calif. Hwy Patrol scales to write me a ticket? My eyes have glassed over researching this and the Motor Carrier Permit regulations.
I find Ca. Veh. code 4000.6(d) saying:
"Commercial vehicles with Gross Veh. Weight Over 10,000 lbs- 1,001 - 1,500 lbs in excess of Declared Gross Veh. Weight; Total Fee (fine): $1,105, DMV Points: zero"

Since the above is the first fine level stated, does this mean that there is essentially a 1,000 lb grace amount? Meaning if I pull through the Fremont 880 scales a few times a year at say 10,400 lbs, I am not at risk of being issued an overweight ticket? Or is it at the officers choice to write me up if I am at say 100 or even less overweight?

I use a 12,000 lb GVWR 14' box truck to deliver coffee supplies to my customers. I literally drive this truck once per month for deliveries. I have been driving this truck since I bought it new in 1999. From the info the GMC dealer supplied to the DMV in 1999, my Unladen/G/CGW shows as 04625 on my DMV registration.

Last month I was stopped at the 580 Livermore scale for not having my company name on the truck (my weight was under 9,000 lb). I've had the CA # on the door for many years. The officer noticed I did not have a Motor Carrier Permit and also wrote me a fixit ticket for that. I said I thought as long as you do not carry over 10,000 lbs, you do not need the Code 'A' 15,000 lb (smallest) MCP stickers. 'He said' (I believe in accurately) that since your box truck has a 12,000 lb GVWRating plate, you are required to get the over 10,0000 lb tags. (The "Declared GVW Reg 4008 form seems to contradict that, IMO)

I should have submitted a form 4008 to 'declare' my weight as under 10,000 years ago, my bad.

I am now trying to see how I go about avoiding the $400-$500 extra registration fees AND the significantly increased cost of the additional liability insurance the MCP requires because my ticket says I need an MCP. I know these fees are to pay for wear and tear on the road, but this truck is literally on the road once per month AND only loaded + / -10,000 lb for a 22 mile drive from Hayward to Milpitas.Thanks for any insights or experience you can share.
(sorry for the novel)
 
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I'd just pay the fine & in the future, take a different route to bypass that scale.



Actually no,... if it were me I'd leave the state of California and never return. Probably not an option for you though.
 
Duck,
I appreciate the speedy reply. It is a fixit ticket. No fine. I am just trying to get real world input on how much overweight, if ANY, is allowed before a citation is usually issued from this experienced and helpful community.

I do have the option option to bypass this particular scale for an extra 10 mins, but still want to know the overweight custom from you experienced folk. :)
 
Most of us on here avoid California because of the excessive regulations, CARB & the 55 mph speed limits.

Obviously plenty of people still drive trucks in California but I don't know how many of them can communicate in English.

Check back in later though.

@krelithous probably knows.
 
If I am reading 13.005 correctly you have to be registered at GVRW

  • The unladen weight must still be reported on all commercial vehicles, even those subject to CVRA fees.
  • The unladen weight on CVRA vehicles may be estimated since the fees are based on the declared GVW/CGW.
    • The Certificate of Title will display only the unladen weight.
    • The registration certificate will display the:
      • Unladen weight, if the vehicle is operated at 10,000 pounds or less unladen.
      • Maximum GVW/CGW for the declared range if the vehicle is subject to CVRA fees.
    • WC (weight code) will be printed on the certificate with the CVRA weight code next to the the declared GVW or CGW.
  • (B)Motor vehicles with a declared GVW/CGW of 10,001 pounds or more, are assessed CVRA fees rather than a weight fee based on the unladen weight.(/B)
    • Vehicles are still subject to the registration fee, vehicle license fee, and any city/county fees.
    • Law enforcement and county fees are higher for CVRA vehicles.
  • Commercial motor vehicles operating at 10,001 pounds or more are assessed a Cargo Theft Interdiction Program (CTIP) fee.

13.005 Commercial Vehicle Registration Act (CVRA)
 
Tazz, I appreciate you willingness to look thru the weeds with me on this. :)
The thing that is unclear to me is that, two lines above what you quoted, it says:
  • "Currently, weight fees for commercial vehicles are based either on the unladen weight, the declared gross vehicle weight (GVW), or the declared combined gross vehicle weight (CGW).
  • Commercial vehicles paying fees based on GVW or CGW are hereafter referred to as CVRA vehicles."
And further down under Excluded vehicles it says:
"The following vehicles are excluded from CVRA:

  • Pickup trucks continue to be registered by the unladen weight and are assessed a weight fee regardless of the vehicle's GVW.
    • The unladen weight of a pickup cannot exceed 8,000 pounds and its GVW rating must be less than 11,500 pounds
  • Light-weight trucks, vans, taxis, and rental limousines (including charter-party carriers operating limousines that pick up and deliver airport passengers) are registered by the unladen weight only if the vehicle's GVW is 10,000 pounds or less."
From my reading of 13.005, it seems that because my box truck's GVWR is NOT under 10,000 lbs, it does not qualify as 'excluded' because there is no reference to 'Declared GVW' under 10,000 to qualify as excluded.

But because the Declaration of GVW Reg 4008 form says:
"B. Definitions Declared Gross Vehicle Weight
(GVW) (Vehicles that haul a load, but do not pull another vehicle): The weight that equals the total unladen weight of the vehicle plus the heaviest load that will be transported on the vehicle."

It seems that if I file this form 4008 and 'Declare' the maximum GVW I will carry is 1o,ooo or under, I should not be required to go the Motor Carrier Permit route, even though that is what I was written up to do. It is hard to stomach paying $800-$1,000 more (lic. fees + added liab. insur.) when: 1) I carry under 10,000 lbs , 2) I literally have this truck on the road once per month (I know this means nothing to the CHP/DMV).

https://www.dmv.ca.gov/portal/wcm/c...;CACHEID=4ee70a0f-2e2c-4382-8d83-37e7deea09ae
 
OK I see the declaration stuff now.Yeah you can plate it for less than GVW.

However your original question was how much over you could run. I am thinking if they catch you over 10,001 after you have declared it to be under they are going to get you for not having the CVRA because you will not technically be overladen just under permitted.

If you declare it to be under 10K I would make dang sure I stayed under even if it meant an extra trip.

JMHO
 
To save $1000/ year, I'd be willing to take the 10 min. detour around the weigh station in question. But I have been know to 'forget' to take the exit before the scales on occasion. :( So I'd really like to know what happens in the real world, especially when I see the fine schedule 'seeming' to start at 1,001 lbs over 10,000.

On rare occasion I have driven by the open scales by mistake or on purpose. I always wondered why some (big rig) trucks drive by scales and if I'd risk a CHP car racing after my 14' box truck when I did drive by??

I am trying my best to know my options and not just call the CHP and get forced into that officer's reading of the law which might not be accurate (and cost me LOTS of money!).
 
That is a roll of the dice really. Most days probably nothing, but catch the right CHP, or Ag Cop seeing you do it and your going to be having a bad day. If it happens play dumb, and keep your trap shut. Eat the fines and go on about your business.
 
Registering Commercial Vehicles and PTI Trailers FFVR 27

I'm not sure, but I think I should just go to the local DMV tomorrow and file the form 4008 to Declare my GVW as under 10,001 lbs and skip following up with the CHP to do the MC Permit permit route (as my ticket requests). I am worried they may disagree and block that route with some comments on my CA# file and/or current ticket file. If I get the Declared GVW plan rolling and in place with the DMV, then it seems would be the responsibility of the CHP to disprove my plan already implemented. Even if it turns out in the end I am forced to go the MCP route, at least I'd have given it my best chance at avoiding that route.

Easier to ask for forgiveness than permission kind of thing.
IF I cannot find a definitive answer that says there is a grace of 'X' pounds over my 10,000 (for scale error or what ever), I'll just BE SURE to exit before the scales any time I think I'm close to 10,000.
 

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