COMPLIANCE INFO 1993-2002 - Laserfiche WebLink

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(19) When employees of this Department require a driver who has received a state certificate of weights and measures for a load, to remove part of that load because of an overweight or other reason, the employee shall mark the certificate with an explanatory statement, such as "20 bales removed" thereby preventing the driver from using a certificate made false at the employee's direction. (20) No enforcement document shall be issued on the basis of a weight certificate carried by the driver or a vehicle, unless the Officer has observed the weighing of the vehicle or combination of vehicles and the issuance of the certificate. d. Procedure. (1) Appropriate enforcement action shall be taken against owners or operators of vehicles weighing in excess of the limits, calculated in accordance with the requirements of this chapter, by 100 pounds or more. (a) When issued, a Notice to Appear shall show the adjusted weight, the legal weight, and overweight. It shall not show the scale weight or measurement variation factor. (b) The adjusted axle weight, axle group weight and gross weight, shall be calculated as illustrated in paragraph 2.g. (pg. 8-26). (c) A Notice to Appear shall not be issued for an overweight which, after application of the measurement variation factor, does not exceed the legal limits by 100 pounds or more. (d) A Notice to Appear may be issued to owners or operators of commercial vehicles carrying loads which are 100 to 500 pounds overweight after factoring in the appropriate measurement variation. The 100 to 500 pounds criteria applies to axle, tandem, bridge and gross vehicle weight violations. Weight enforcement initiated for violations under the 500 pounds criteria should be based upon sound professional judgment, (e.g., the Officer has knowledge that the carrier is a continuous violator who intentionally overloads the weight limits of vehicles under their control). (e) A Notice to Appear should be issued to owners or operators of commercial vehicles carrying loads in excess of 500 pounds of overweight after factoring in the appropriate measurement variation. The 500 pounds criteria applies to axle, tandem, bridge and gross vehicle weight violations. Aggressive enforcement for weight violations in excess of the 500 pounds criteria is the Department's posture and should only be set aside for extraordinary conditions. An example might be severe weather (snow or ice) or emergency operations. (2) An Officer's decision to issue a citation under the "may" policy, or not issue a citation under the "should" policy shall be based upon articulable facts and sound professional judgment. 8-21 HPM 82.6