Is it illegal to tow overweight?

[DW_Gray]

Point 1: Often, I see posts or comments stating that it’s illegal to exceed the vehicles’ weight safety ratings.

In some states, as part of the registration process, one has to declare a max weight they intend to haul or tow. From discussions with others, that weight declaration can be whatever they believe to be necessary. It can be less than the certification label to save money, or it can above the certification label because of need. As I understand it, only if the vehicle exceeds that declared weight will the owner be cited.

As for all the other states, I have yet to discover any that will cite a person for exceeding the weight safety ratings. Non-commercial vehicles in these states are not required to be weighed.

After a lengthy discussion with one of the district heads of the CA Highway Patrol Commercial Department, he made it clear that they do not even bother with RVs and will do so only if it appears to be an unsafe driving condition.

If my memory is correct (subject to correction), I think that Oregon has a law stating that the tire load rating is not to be exceeded.

NHTSA does not even have a means to enforce the weight safety ratings.

Point 2: If in fact there is no law that would cause a citation for exceeding the weight safety ratings... Is it not disingenuous to cite nonexistent laws to scare people from exceeding the weight safety ratings?

Now, if anyone can provide any verifiable information that will correct my current knowledge, please provide it below. Please withhold the hearsay and provide only verifiable facts.

Note: This topic is in no way to condone exceeding the weight safety ratings. The two primary reasons (if not only) that all manufacturers state to never exceed the weight safety ratings are: Safety and vehicle longevity.


If some of you want to talk about insurance, then someone start a different thread. Stay on topic, please.

 

[Genxrainman]

Thank you for "Going There" and opening this thread, I have been doing extensive research on this subject and have found the same findings as you. I will be sharing more info and some interesting things about truck weights I have found along the way. I to urge everyone to please share facts and keep it civil so the thread is not closed.


Sent from my iPhone using Tapatalk

 

[MTPockets]

Just wondering, is there a point to make in convincing people that it's OK to tow beyond a vehicle max specification? I'm sure it's true that little is done to monitor RV and tow vehicle ratings, but it's still not wise to exceed capacities. We do see RV accidents and tire issues and each time have to wonder how much overloading may have contributed to an accident, or exceeding a tire design speed limits contributed. I'm just saying the wise choice is to stay within design limits instead of trying to justify exceeding limits because no one checks.

 

[weekender01]

Thanks for posting this as well. While I am not saying that we should be doing anything that is unsafe reality is that many tow vehicles are rated a certain way for less than logical explanations. Take for example a new Ford F-350. You can order this vehicle with a GVWR of 11,500# or you can get it rated at 10,000# for California registration purposes (yes I know that rule is changing for California, but I am trying to give an example). So if one were to use the 11,500 rated truck to tow a larger 5th wheel most likely they would be with the limits of the ratings for that truck. If they took the same exact truck, but had it rated for 10,000# instead they would be out of spec even though they are the EXACT same truck. How can that be logical?

I currently have a 2013 F250 4wd FX truck with camper package. This truck is rated for a GVWR of 10,000# since it is an F250 however I have the SAME spring package, engine, tires and brakes as an 2013 F350 truck. The only things different on my F250 truck than an F350 is the rear block is 2" instead of 4" and the rear axle is just the smallest bit smaller and I mean the smallest amount. I can get the same gear ratio of 3.55 in ether an F250 or F350. With that said just because my door sticker says my GVWR is only 10,000# i know I am alot closer to a GVWR of 11,000 if I were to run all the calculations. With that said I am comfortable towing a 5th wheel that I would tow with an F350 SRW and would be within the limits of that vehicle since I know my truck and a F350 are almost identical.

Now am I out of spec if I tow that 5th wheel with my F250? Yes. Would I ever be checked or weighed? Possibly depending upon the state I travel in, but I have never seen DOT require an RV to enter a weigh station or have I seen one pulled over and weighed unless they are obvisouly causing a danger to themselves and others on the road. We have all heard the stories and internet tales of the denial of a claim if there is an accident or being ticketed for being overweight, but I have no first hand knowledge of this ever occuring.

In the end the owner needs to run the calculations of thier tow vehicle and evaluate all the specs of their vehicle such as engine, brakes, tires, etc. and make a well informed decision on whether it is safe to tow a specific RV. I am not going to be the weight police for others as I have no control over them. I can only control what I do and what is right for me and my family.

 

[DW_Gray]

Just wondering, is there a point to make in convincing people that it's OK to tow beyond a vehicle max specification? I'm sure it's true that little is done to monitor RV and tow vehicle ratings, but it's still not wise to exceed capacities. We do see RV accidents and tire issues and each time have to wonder how much overloading may have contributed to an accident, or exceeding a tire design speed limits contributed. I'm just saying the wise choice is to stay within design limits instead of trying to justify exceeding limits because no one checks.

Added to OP:

Note: This topic is in no way to condone exceeding the weight safety ratings. But to continually cite nonexistent laws to scare people from exceeding the weight safety ratings is disingenuous.

 

[justafordguy]

DW_Gray, thanks for making this post to clear up all the bad information that we see on this subject. I too have done research and spoken with law enforcement and DMV officials and was told the same thing you were. In my state as long as your truck is registered at or above it's actual GVW when towing and you stay under your tires ratings you are 100% legal.

 

[Bohemian]

There are several questions hidden in this topic.

Is it legal, i.e. a crime? I think the short answer is no. However, many violations of regulations can escalate to crimes under other criinl codes related to regulations.

Is it a violation of regulations?

Is it a priority enforcementioned issue? Here, I think not.

Is it a "chicken****" enforcement issue? One which is never enforced. One where if it is enforced other enforcement personnel think poorly of the enforcer?

Is it enforceable?

Is it defensible in court?

Are there national laws/standards forced on/agreed to by the states.

It seems from reading many posts in many fora that enforcement is uncommon in most states. CA seems to enforce. Especially in mountain passes. It seems other states also enforce in some circumstances. None of this is legal knowledge nor advice.

 

[JohnDar]

Probably not an issue until you plow into the vehicle in front of you because you could not stop your load and their lawyers start checking. As has been often cited, pulling isn't the problem so much as stopping.

 

[Bohemian]

Note also, if you exceed certain weight limits, national standards and most states require a Class A license. A couple exempt RVs. A couple ignore their own regulations with respect to RVs.

These standards are:

GVWR 》 26,000 LBS. TV
GCWR 》 26,000 LBS
GVWR 》 10,000 LBS trailer

Again, not all states are the same. However, many have changed to this standard recently.


Note, most, not all, states now define GCWR for licensing as GVWR TV + GVWR trailer, not the spec on the TV.

Again, enforcement is a separate issue.

 

[weekender01]

Probably not an issue until you plow into the vehicle in front of you because you could not stop your load and their lawyers start checking. As has been often cited, pulling isn't the problem so much as stopping.

In some trucks this may be the case between the 3/4 ton and the 1 ton, but on the current F250 and F350 they use the same brakes.

- - - Updated - - -

Note also, if you exceed certain weight limits, national standards and most states require a Class A license. A couple exempt RVs. A couple ignore their own regulations with respect to RVs.

These standards are:

GVWR 》 26,000 LBS. TV
GCWR 》 26,000 LBS
GVWR 》 10,000 LBS trailer

Again, not all states are the same. However, many have changed to this standard recently.


Note, most, not all, states now define GCWR for licensing as GVWR TV + GVWR trailer, not the spec on the TV.

Again, enforcement is a separate issue.

The funny thing about this is that a 3/4 ton could potentially have more trailer than a 1 ton due to the gvwr of a 1 ton truck being higher. Again odd math in my opinion.

 

[billk263]

One thing to think about is your insurance company. If you are involved in an at fault accident, would they cover the damages?


Sent from my iPhone using Tapatalk

 

[weekender01]

One thing to think about is your insurance company. If you are involved in an at fault accident, would they cover the damages?


Sent from my iPhone using Tapatalk

Not saying they would or wouldn't, but I would like to know if anyone has ever had a claimed denied due to this? We hear about it on the forums, but have never seen proof.

 

[DW_Gray]

The insurance issue is a whole other topic and thread starter. Lets stay on the law part of this OP, please.

Sent from my VS985 4G using Tapatalk

 

[DW_Gray]

Note also, if you exceed certain weight limits, national standards and most states require a Class A license. A couple exempt RVs. A couple ignore their own regulations with respect to RVs.

These standards are:

GVWR 》 26,000 LBS. TV
GCWR 》 26,000 LBS
GVWR 》 10,000 LBS trailer

Again, not all states are the same. However, many have changed to this standard recently.


Note, most, not all, states now define GCWR for licensing as GVWR TV + GVWR trailer, not the spec on the TV.

Again, enforcement is a separate issue.

This would be a licensing issue, not an overweight issue. Citation would be for improper license, not overweight.

Sent from my VS985 4G using Tapatalk

 

[JanAndBill]

Here in Alabama you buy a tag for the weight of the truck only loaded. You can be cited for being overweight on your tag, however they seldom check unless you're a commercial vehicle. Not sure about a tag in excess of the GVW of the truck. Over the years I learned an important lesson, if there are accidents involving injuries attorneys follow the "name everyone and let the judge sort it out" motto. If you happen to be one of the unlucky ones named and you've knowingly done something wrong, you are in deep you know what, both from the civil side and possibly from the criminal side as well. It's just not worth it.

 

[justafordguy]

If being over the manufacturers sticker weight isn't illegal as long as you are registered correctly then it isn't illegal and should not even come up if you are in an accident. If you fail to stop and hit someone from behind it will be your fault but not because you are over weight but because you failed to control your vehicle. Just like if you hit someone with your Prius.

 

[Bohemian]

This would be a licensing issue, not an overweight issue. Citation would be for improper license, not overweight.

Sent from my VS985 4G using Tapatalk

Not quite. Those criteria come with a whole bunch of regulations most often applicable to RVS but documented in commercial code. Sometimes RVS have some exemptions in some states.

 

[avvidclif]

One thing to think about is your insurance company. If you are involved in an at fault accident, would they cover the damages?


Sent from my iPhone using Tapatalk

They don't have a choice, they can drop you afterwards but that's all. How many times have you seen insurance companies pay off involving a drunk driver? Do you really believe they would if they could deny coverage because you are drunk?

 

[RoadJunkie]

The OP's question is, of course, rhetorical, I think we know it's illegal. Maybe the real questions is can we get away with it in the event of an accident. Regardless, underweight, overweight, speeding...whatever, keep your mouth shut and remember, that the officer doing the investigation is NOT your friend. There are too many hypothetical scenarios to get any sense out of what may be the outcome of a towing accident. The word "Liability", in the insurance world, can be interchanged with "being stupid" in the layman's terms; Insurance companies essentially provide us with coverage against doing something stupid. If someone is towing in an overweight configuration--and we know who we are--then fix it or live with the fact--and consequences--that we may be doing something stupid. My $.02.

 

[Diamondjim]

Anecdotal yes, my brother was denied use of the Ohio Pike as he was deemed over-weight. 42' Vogue motor coach towing a car trailer with a 63 Jag XKE & a Honda Gold Wing. Apparently weighed at the toll booth & told "nixie" , find another route.
THEY were checking weight on limited access road, & had final say!

Sent from my LGL41C using Tapatalk