Don't tip the SCALE:

[weighbastard]

I see and hear everyday where Judges let people off with just a slap on the cheek when EVERYONE knows the offender should go to jail. What I will NEVER understand is when the judge slaps an honest citizen like that. In my opinion, they should be removed. There has to be justice mete out with conviction and congruency - seldom the case, such as yours.

On one rare instance I witnessed a local judge who mete out such justice. He entertained each and every case like he had 'never heard anything like it before.' He was truly attentive and listened and questioned from knowledge and common sense. He took the 'burden of proof' on the State's behalf deadly serious. He listened to drunks tell fish tales and if the prosecutor was unprepared, he slapped them in front of the entire court and continued the case reluctantly. He warned the next time he would dismiss it. 2 people came before him with "over license weight" tickets. Both went back to DMV and got them fixed in the same month of the tickets. Due to the DMV back dating the registrations [all's they want's your money] the Registration dates PREDATED the ticket. He stated to the cop that according to the Official Documents, they were properly licensed at the time the citati8on was issued. The cop wanted to argue with him "that's what the DMV does" but he just looked at him and flipped up the Registrations and gave the Cop a 'look.' Cop said, "I know, its a problem..." Judge turns to him and defendant and says, "Well... Its not his problem!" beckoning to the defendant. Cop just stared at the floor as the Judge dismissed it. He also heard a traffic accident where he demonstrated he was just a smart dude and the defendant was found guilty. Let me tell you, I was BURSTING with pride EVERY time he made a decision!!! That's the way its SUPPOSED to BE!!!!! Too bad he retired about a year later...

Here's the bad thing in your case. The "Failure to Maintain Proper Control" is the 3 point, lesser version of Reckless Driving, like they told you. Reckless Driving is the 6 point. That Judge actually stuck her with the higher infraction because as you well know, he !@#$% you! Make sure you call your insurance company and talk to them about it. It may be worth an appeal. Appellate Judges are a different breed than the wishy-washy front line judges. I hate to piss you off even more but I have to caveat every WeighBastard court system opinion with the leveling statement, "AND REMEMBER, O.J. walked..."

[Dispatcher]

[Bossman1158]

Felt I should post this: I have been reading this thread (and others) since I joined coops. I was (still am?) new to the whole interstate trucking world, (totally clueless) have been delivering equipment in my home state for years but, I branched out. I drive a 2006 Ford F-450 with a 24K capacity gooseneck. I have been pulled in for inspection about 10 times in the last two years in 8 States, never gotten a ticket, never a violation, not even a warning. All my paperwork, CDL-A, IRP, IFTA, logbook, Med card etc. all in order. You know why? Because I paid attention to you all and learned from your experience. So, Thanks to all.

P.S. Weighbastard should write a book: The Joys of trucking.
I'm just sayin'

[Russellmania]

[sunshine]

Welcome Bossman1158.

Don't be a stranger here Congrats on the no warnings or tickets This is why I have always preached keep everything in order and current,including weights and the majority of the time you will not have a problem.
_________________


https://www.facebook.com/melanie.knaut

[weighbastard]

Excerpt from VA bill signed into law on 3/14/11 and to be incorporated on 7/01/11:

The Commissioner may also appoint or designate any of his staff to be "size and weight compliance agents" who shall thereby have the authority to (i) enforce the requirements for the use of dyed diesel fuel in §§ 58.1-2265 and 58.1-2267; (ii) enforce the requirements of Article 17 (§ 46.2-1122 et seq.) of Chapter 10; (iii) issue citations for violations of license, registration, and tax requirements and vehicle size limits pursuant to § 46.2-613.1; and (iv) carry out the vehicle seizure provisions of §§ 46.2-613.4, 46.2-613.5, 46.2-1134, and 46.2-1136 at any permanent weighing station.
--------
§ 46.2-613.1. Civil penalty for violation of license, registration, and tax requirements and vehicle size limitations.

A. A civil penalty of $250 and a processing fee of $20 shall be levied against any person who while at a permanent weighing station:

1. Operates or permits the operation of a truck or tractor truck with a gross weight greater than 7,500 pounds, a trailer, or a semitrailer owned, leased, or otherwise controlled by him on any highway in the Commonwealth unless (i) it is registered, (ii) a certificate of title therefor has been issued, and (iii) it has displayed on it the license plate or plates and decal or decals required by this title.

2. Operates or causes to be operated on any highway in the Commonwealth any motor vehicle that is not in compliance with the Unified Carrier Registration System authorized under 49 U.S.C. § 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal regulations promulgated thereunder.
------

Of course there is so much more but these are most interesting. Speaking english, it seems the weigh tech or even the the Janitor can now be a "Special Agent," no offense to the Janitor - at least he has a mop he can swing wildly to help with "Vehicle Seizures." Some violations are now Civil. This is so they are 'pre-payable' so VA hopes you'll just pay it instead of contesting; NOT because the violation actually means anything anymore, hence the ridiculous fine. And remember that I remarked somewhere that the actual vehicle weight required to come through VA scale was at best a GRAY AREA and could be construed as 7,500? Now it is 7,500 lbs as mentioned above. So every Toyota with a boat, work truck with a tool body and even a Hummer now has to come into the scale AND be hassled about their registered weights. Is this borderline insanity? AND, How is anyone to even know?! I guess they'll post a sign with 6 paragraphs (like the one just before FL Agri Inspection Station) and expect you to be able to read it all at 65mph! And honestly, I can find NO ONE who knows ANYTHING about the UNC number and what the "Unified Carrier Registration System" actually entails; EXCEPT just another silly fee! Even the Web Site still has "preliminary" information as they call it.

I'm guessing as the States are looking for more and more cash cows, this kind of thing will just get worse. Where is that Trucking Association? Then there is the CSA crap... I was informed the other day that my CDL is going to change when I renew it - the new code letters will be MOO !!!!

Wow... I don't consider my remarks (here) that are based on facts and quotes, disparaging. But I sure find myself disparaging when I try to explain all this silliness.

Tanks for the comments. Da' Bastard...

[379 Peterbilt]

Life was so much better back when the common sense voter elected a common sense represenative.

Thanks to power and greed of those, them days is over.

[weighbastard]

I was just thinking today about all the fees, taxes, etc. That usually gets me in trouble but...
Anyway, loopholes occurred to me and its just fun to think about and I probably should have posted this elsewhere but I'll just say this is a post toward Human Ingenuity. Ramble, ramble.

What if: You had no IFTA, DOT, MC, IRP, and only ran in the State, say, border to border. Say terminals were built on the State borders. Va used to have an agreement with NC that you could run XX miles into NC without IRP (etc) simply because there is a border road that crosses back and forth several times. [VA and NC have rescinded it recently - All's they want's your money] If you can do that, you could run the State border terminal to border terminal. In VA you can still run into Washington DC and Maryland without IRP (etc) if you are XX (think its 50 crow) miles from your home terminal. It would be easy to do a drop and hook and OTR jobs are steadily being replaced with "account" jobs or more local runs. Now this would not work for little States which are mostly in the N.E. but that's a real mess anyway. Let's think SC, GA, VA, NC, etc where the run from border to border (especially I95) averages 180 and then a run back and you have pretty close to a day's work passing 'through' loads and finish off with an in-State delivery. Fl and TX would be even better. Since the TRACTOR is the equipment that has ALL this fee crap and not the load; Interstate Commerce?! Well, not so much... And how would anyone prove the Tractor left the State. Where did you pick up the load? VA. Where ya going? VA.

You see where I'm going with this. I foresee that 'loopholes' may eventually entangle the bureaucrats as usually someone comes along and uses all THEIR laws... Lets just say, not in the money grubbin' manner they were intended.

FACT: the BATF had put laws in place that became so crazy regarding Full Auto that if you had in your possession a Sear, Firing Pin, and (I believe its was) the selector; YOU had in your possession a Full Auto weapon. You see, certain weapons could be altered to Full Auto with just those parts, BUT they wanted it to apply to every weapon indiscriminately. The manufacture of Full Auto Weapons ended in June of 84 (I think) but that's not important. What is so resoundingly funny is the manufactures ramped up production of (you guessed it) ONLY the Sear, Pin,and Selector and registered tens of thousands of Autos in that time leading UP to the cutoff date. Then they manufactured at their leisure the rest of the weapons and for AT LEAST 4 years after the cut-off date, YOU could still buy a NEW Full Auto with all new parts except the Sear, Pin and selector that just happened to be made 4 years ago and giving the Manufacture Date as 4 years prior. At the time, gun control lobbies and all the people that this backfired on were crying that the manufactures produced RECORD NUMBERS of Full Auto weapons just before the cut-off date.
* NO DUH !!! I call that Human Ingenuity!

[379 Peterbilt]

50 states. 50 sets of laws, fees & taxes.

Trucking across the USA should not be any more difficult or burdonsome than doing it in a Toyota Corola.

But trucks are scarey to 4wheelers. All laws are legislated and passed exclusively by 4 wheelers. And these 4wheelers in government desire easy money.

Why does IL and NY have a fuel tax of .35 cents/gal or more, while Tn, Ga, and Ky are only about .16 cents? Why does a simple honest and irrelevent logbook mistake cost $500 in kaliphornia?

Laws should be minimal and fair regarding taxation and safety, then let the country roll.

For evey new stupid law and tax, there will be a productive member of society that will find a way around it, in order to continue to do bidnez and keep this country going. Then, for every way found to evade stupids laws and taxes, there will be someone in gubbermint that will one up it with a new law or fee to squelch that. Cat and mouse, till we die.......

[Russellmania]

[weighbastard]

Speaking of Fuel, for those that may not file an IFTA this shows you the taxes per State on each gallon gas/diesel - WHY are they SO different? All's they want's your money.

http://www.virginiagasprices.com/Tax_Info.aspx

I tell you what, if all the trucks boycotted delivery to CT they might rethink that CRAZYass tax! Furthermore, the Diesel taxes should be LESS than Gas, period. Obama says our economy is hurting - no matter how you slice it, its you and me PAYING for all that silly TAX! Can you imagine if Walmart in CT put up a sign stating there is a 2% fuel surcharge on everything because of CT's unusually high Diesel tax?

OUCH! I'm done. That was me falling off my Soap Box...

[sunshine]

Here weighbastard, let me help you back up. I'll continue for you.

When I had my own truck the amount of fuel tax was BS.

1. Paid my tax at the pump.

2. As rule I paid little or nothing on my IFTA. I always tried to buy my fuel in the higher fuel taxed states such as ME,PA,IL,NY,FL,etc.

3. Here's another tidbit of information for those of you have never registered a CMV. When you file your IFTA 1/4ly tax report it's miles and gallons for each state you traveled. So when I went to register my truck my registration fee was based on the # of miles I filed for each state on my quarterly IFTA. So my registration was anywhere from $1200 to $1500 depending on my miles. Then I had excise tax (town Tax) and that dreaded 2290 tax.

Now don't even get me started on the toll roads and fuel tax,
_________________


https://www.facebook.com/melanie.knaut

[weighbastard]

. CLOSED
DO NOT ENTER

If you walked up to a Shark Tank and read this, would you jump in anyway because you were thirsty? Maybe you’re thinking that means there’s no Sharks so “it doesn’t apply [to me]” or maybe you figure you can sneak in for a peak or, maybe you just figure that means the Sharks aren’t biting today.
I don’t know what this means to you, but to some… Well, here’s my rant for the month!

No exaggeration: Workers on the Scale platform and on the bypass changing out lights. TWO Signs coming up to the scale state as above, even flashing. Fortunately, barrels are up in front of the lanes as truckers are STILL pulling right up to the barrels and then “Backing up on the Highway” {reckless driving if you didn’t catch the quotes} a couple hundred feet to get back out on the highway. Now, when I came up in my LITTLE CAR (!) I could see the tops of the barrels before the dotted merge line went solid, so I knew even I was NOT going to get in that way. Now figure sitting up about 8 more feet off the ground in a tractor and I am 100% positive they could be seen WAY before you were near the exit OR even needed to slow down. Yet, Truckers came RIGHT UP to the Barrels – UNBELIEVABLE!!! “Failure to obey a highway sign,” Backing up on the highway” and then all with “Workers Present” {that doubles fines and penalties in VA in case you didn’t catch that quote either.}

NOW the Coup de Grace: Amazingly, a ‘common carrier’ driver, pulling a set of Doubles no less, STILL comes tooling right smack dab up to the barrels and stops. I pointed that out to the Officer on Duty and said “Watch this, this should be good as he has to back all the way up now”. But, alas, I was wrong and something so STUPID; Something beyond ANYTHING I have ever seen before; Wait for it…
This MORON (we'll call him "A") gets out of the truck and MOVES THE BARRELS!!! Then MORON “A” decides to come tooling around the Bypass RIGHT AT the Workers!!!!! AND, to top it off, another different ‘common carrier’ [MORON “B”] who pulled literally right beside him, follows him through the barrels, RIGHT AFTER watching MORON “A” move the barrels himself. Mind you, I just got there and wasn’t even on the clock yet - this was all happening in a time span of less than 10 minutes! Needless to say MORON “A” got a 6 point reckless driving ticket. His excuse? “He had to go bad.” I heard MORON “B” complaining that he would loose his license. His excuse? “He was JUST following MORON “A.” I can also assure you that if either driver had been looking ‘down field’ they would have easily seen the BUCKET TRUCK 30 feet in the AIR working on the lights in the bypass and the Vehicle/Men on the scale. I am absolutely NOT embellishing anything here! As a matter of fact, I made mention to the Citing Officer that you hit them up with the “Workers Present” Code too, right! Unfortunately (or fortunately for the drivers) he didn’t think of it at the time. I can promise you I WOULD HAVE!!!

I have NO pity for them. I would have NO forgiveness in court and I’ll portray you exactly as I saw you. So YOU loose your job; Well, YOU should! Having also been a Driver for Schneider, I am here to tell you these type of decisions can only politely be described as ‘Completely Obverse of ANYTHING Normal.’ Honestly, if this is your kind of decision making process, I don’t want you driving down the road beside me either. No matter how you look at it, they should not be driving for a living; Truck, Car, Moped, Bicycle or otherwise. ‘I had to go; I just followed the other guy.’ This “Me, Myself and I” attitude is becoming a major problem in this country. The minute you think, “That sign doesn’t apply to me” or “it doesn’t really mean ‘Do Not Enter’ because I need to stop” Well, this is my only Pet Peeve and sometimes I ain’t so friendly. Put it this way, you’ll be hatin’ life and you can call in all the complaints you like but “Here’s Your Sign…” I mean, “Sign right here…”

[Russellmania]

[Dispatcher]