GD Solitude 344GK - Another SRW vs DRW question.

[Walaby]

Now you are going beyond the LEGAL specification to an act that might be viewed or construed as negligent.

In my community, for example, there is NO LAW that specifies a pool has to be behind a gate or fence. BUT, you can bet that if a child fell into the pool and drowned, the property owner could be held liable.

Being held liable for negligence is not necessary the same as breaking the law. What irks me is when people say operating within the LEGAL limits of the LAW. Not operating within the safety limits established by the manufacturer (who, by the way, does not make laws). One can be found negligent for exceeding safety limits, but that doesn't mean you broke the law.

Mike

[Roll With The Changes]

(2) Except for vehicles operated under a permit issued under § 24-112 of this subtitle, the gross weight imposed on the ground surface by the wheels of a front axle of a vehicle combination may not exceed either the lesser of:

(i) The sum of the rated load capacities for each tire on the axle, except as provided in subsection (c) of this section; or

(ii) The sum of the rated load capacities indicated by the manufacturer as to each tire on the axle with which the vehicle originally was equipped, except as provided in subsection (c) of this section.

That is from Maryland Code Title 24 section 24-208.

I'm not a lawyer but this is an example.

[Walaby]

No issues.. But it's the ratings on the FRONT axle or tires NOT payload capacity.

This statute has to do with damage to the roads.

§ 24-208.

(a) Any person who drives or moves any vehicle or any other object on any State highway or county road is liable for all damage that the State highway or county road sustains as a result of:

(1) Any illegal driving or moving of the vehicle or object; or

(2) The driving or moving of any vehicle or object that weighs more than the maximum statutory weight specified in this title, even if the overweight is authorized by a special permit issued under this title.

(b) If the driver is not the owner of the vehicle or object, but is driving or moving it with the express or implied permission of the owner, the owner and driver are jointly and severally liable for the damage to the State highway or county road.

(c) A civil action for damages to a State highway or county road under this section may be brought by the authority in control of it.

Mike

[backtrack2015]

You’ll not find anyone referring to payload capacity in a statute. It’ll be written as “shall not exceed GVWR”. Amazingly, I don’t believe anyone has yet found a law that applies to non-commercial folks that makes exceeding GVWR illegal.

[Roll With The Changes]

All of this being said, there are members here that are lawyers, truck drivers, engineers and even a pilot or two. We all have different perspectives regarding how we should behave and how the law says we should behave. We make our decisions and evaluate the risk of those decisions based on our background and experience. Those decisions are different for everyone.

This is why I keep coming back here and have finally got around to becoming a paid member. Keep up the productive debate!

[phonemannn]

You’ll not find anyone referring to payload capacity in a statute. It’ll be written as “shall not exceed GVWR”. Amazingly, I don’t believe anyone has yet found a law that applies to non-commercial folks that makes exceeding GVWR illegal.

As stated there are NO non commercial trucks registered in California. All are registered commercial. EVERY pickup.....Nissan, Toyota, Ford, Mac, Peterbilt, all commercial.

[backtrack2015]

As stated there are NO non commercial trucks registered in California. All are registered commercial. EVERY pickup.....Nissan, Toyota, Ford, Mac, Peterbilt, all commercial.

I figured you'd feel the disturbance in the force.

[Roll With The Changes]

@Walaby and @backtrack2015 please search out the law that I referenced and find that this is not commercial vehicle law it applies to all vehicles on public highways. Further, paragraph (ii) references "load capacities indicated by the manufacturer."

This, by reference makes the manufacturer's ratings the law.

I'm not trying to argue jmo's point, but the fact is the law backs it up.

[phonemannn]

I figured you'd feel the disturbance in the force.

LOL. Just stating facts.

[Roll With The Changes]

And since the thread has become about law again, let's talk about GVWR and GAWR.

The only way to measure any of that is by weighing each axle. If either axle is overweight, it is a violation of at least Maryland law. At that point GVWR is irrelevant. Max allowable payload is also irrelevant from the beginning.