Dealer says truck is undersized and requires a waiver to sell it to me

[bertschb]

It's nice to see details about applicable towing laws but the OP will never exceed the payload rating of the truck he's looking at with the 337RLS - unless he SIGNIFICANTLY overloads either the truck or RV.

[JKellerJr]

Ok, what ever you want to think...I have nothing to prove.
California Oversize and Overweight Fines and Penalties

Under California Vehicle Code Section 35551(a) VC, having an overweight vehicle is a criminal offense that can carry significant penalties. According to Vehicle Code § 42030(a), the fines start out small. For up to 1,000 pounds over the weight limit for a single axle, the fine is as low as $20 before fees are added. A fine for a typical overweight truck can range from five hundred ($500) to the thousand dollars. Every person convicted of a violation of any weight limitation provision of Division 15 (commencing with Section 35000), and every person convicted of a violation of Section 21461 with respect to signs provided pursuant to Section 35654 or 35752, and every person convicted of a violation of Section 40001 for requiring the operation of a vehicle upon a highway in violation of any provision referred to in this section shall be punished by a fine. In most cases driving an overweight vehicle is a misdemeanor in California law. Misdemeanor ( summary ) probation up (6) months in county jail; and/or a fine of up to one thousand dollars ($1,000).The exception is if the amount of excess weight is less than four thousand five hundred one pounds (4,501). In this case, VC 35551 is only a California infraction. The penalty for overweight vehicles as an infraction is a fine of two hundred fifty dollars ($250).

As soon as you tow anything, even a small trailer DOT mandates may apply if the GCWR is greater than 10,000 pounds. Keep in mind the regulations are not only applicable to large trucks.

Well I'm not up on California laws (or a lawyer for that matter). What that doesn't say is what defines overweight and who it applies to. Nowhere does it say that the little yellow sticker has any legal standing what so ever.

Here is a little more detail from the google machine:

https://dot.ca.gov/programs/traffic-...ght-limitation



Couple of my favorite lines:

General Rule
35550. (a) The gross weight on any one axle shall not exceed 20,000 pounds, and the gross weight upon any one wheel, or wheels, supporting one end of an axle, shall not exceed 10,500 pounds.

(b) The gross weight limit for any one wheel, or wheels, shall not apply to vehicles with loads of livestock.

(c) The maximum wheel load is the lesser of the following:

(1) The load limit established by the tire manufacturer, on the tire sidewall.

(2) A load of 620 pounds per lateral inch of tire width, as determined by the manufacturer's rated tire width on the tire sidewall. The steering axle, however, must go by the load limit by the tire manufacturer.

https://www.shouselaw.com/overweight-vehicle.html

California's overweight vehicles law exists largely to protect the condition of the state's highways.


Now I'm not a lawyer and I didn't stay at a Holiday inn express last night but it sure seems to me that the above means basically nothing to us. It looks to me that it is referring to commercial vehicles and at loads way beyond what we are talking about. If I'm missing something please point it out or please post the sections that apply to private RV's and the payload sticker cause I couldn't find them. I don't want to speak for anyone else but I just want the actual facts. If the yellow sticker has any legal standing at all it sure shouldn't be this hard to find.

[JColeman]

Now I'm not a lawyer and I didn't stay at a Holiday inn express last night but it sure seems to me that the above means basically nothing to us. It looks to me that it is referring to commercial vehicles and at loads way beyond what we are talking about. If I'm missing something please point it out or please post the sections that apply to private RV's and the payload sticker cause I couldn't find them. I don't want to speak for anyone else but I just want the actual facts. If the yellow sticker has any legal standing at all it sure shouldn't be this hard to find.

And also note the while the individual posted an easily found CA regulation that clearly refers to commercial vehicles, we have yet to see on of the many examples we were told he litigates every day.

[phonemannn]

And also note the while the individual posted an easily found CA regulation that clearly refers to commercial vehicles, we have yet to see on of the many examples we were told he litigates every day.

ALL trucks in California are commercial, so the law apply to all trucks!!
I have had enough of this banter. Later.

[JColeman]

ALL trucks in California are commercial, so the law apply to all trucks!!
I have had enough of this banter. Later.

Then were are all the citations? It would be hard to believe that there is not one violation recorded.

[phonemannn]

Here is one being weighed by police. Why do you think they do that, as a customer service?

[JColeman]

Sir, it is obvious that you are not prepared to supply any citations or case law for your suppositions. An unidentified photo from the Internet is not what I would call evidence. Those officers could be running a service as opposed to a traffic stop.

I will not push you any further as it has no value. I respect that you believe your position but I remain unconvinced by your "proof".

[The Bone]

I'm in Ca and I never stop at a scale ever. I have commercial plates on my truck BUT still cant park in a loading zone. I think it's just another way for Ca. to justify taking more of my hard earned money. I paid more than $700 for my tags on a 15 F250 last year.
Cops never give us a second look. Just don't drive like a fool and they don't have time for you.
All this lawyer talk drives me nuts. Especially since they dont have a clue or facts to back up what they are saying.
If you get into a crash just exchange your information and be done with it. Hell if no one is injured the cops won't show up. You can call the Barns Firm 1-800-800-0000

[GeoffnCheri]

Here is one being weighed by police. Why do you think they do that, as a customer service?

Really.. and here is the source of that picture from Australia http://rveethereyet.com/police-carav...ella-victoria/

From the blog "With regards to caravan and trailer checks component of the operation, it was largely an education and safety awareness exercise. No one was fined for being overweight."

This is like Deja vu all over again

[JKellerJr]

Really.. and here is the source of that picture from Australia http://rveethereyet.com/police-carav...ella-victoria/

This is like Deja vu all over again

that’s hilarious