Originally Posted by sidney
I'm curious... What local or state statute are you citing for being over GVWR? I believe there may be axle weight restrictions that can be cited if exceeded but I don't know if they're related to the stickers on the TV
In Maryland we have a statute for "operation of an unsafe vehicle" that is left up to the officers discretion. That would be one way and your county judge would make a judgment at trail time. I can tell you in my county as long as the officer was able to make a decent case based on his observations and math from the sticker on the door jamb the officer would most likely win the case. I cant say that for all judges but each county court is subject to how that judge see's the law.
I do know that I have seen DOT officers at accident scenes use the load numbers off the tires and such to look for an over weight trailer say. Also there is a whole section of the law book that just pertains to towing and such in Maryland. I don't have it with me right now (i'm off today) but I bet given a few mintues on an accident scene and I could come up with it.
I would most likely use the operation of an unsafe vehicle statute if I ever came across an accident where an over weight issue were at hand. Also you could charge with negligent driving which is kind of a catch all that covers "unsafe operation" of vehicles, and by someone driving in what the manufacture assigns as an over weight condition then you would meet that part of the law also.
In summary the "operation of an unsafe vehicle" charge would cover the registered weight of the vehicle part and the negligent charge would cover the part of a driver acutally towing the vehicle in what the sate has deemed unsafe. In Maryland they print your tow weights on your registration card so once you exceed that weight your toast.