Is it illegal to tow overweight?

JanAndBill

Well-known member
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?

If you read your policy you will most likely find a slew of exclusions covering your conduct, however those exclusions may not apply to an injured third party. The other thing is there is a difference between an insurance company liability and your personal liability. The insurance company is not at fault in the case of accident and is only responsible up to the policy limit they have with you. The driver of the vehicle is liable for the full amount of the claim without limit. Food for thought in the case of an accident caused by gross negligence.
 

DW_Gray

Well-known member
The OP's question is, of course, rhetorical, I think we know it's illegal.

Don't know how you got that idea. Not rhetorical at all. If you're sure it's illegal, cite the law and/or provide the links to the law for whatever state you are talking about.

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

MTPockets

Well-known member
Don't know how you got that idea. Not rhetorical at all. If you're sure it's illegal, cite the law and/or provide the links to the law for whatever state you are talking about.

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Note: If some of you want to talk about insurance, then someone start a different thread. Stay on topic, please.
I'm still not clear as to the point of this topic... Illegal or not to me is a mute point.. If you're towing beyond the vehicle stated capacity, it's unwise... "If" it's legal, why would anyone want to drive around knowingly overloaded? Instead of asking if it's legal, maybe the question should be - Is it wise?
 

DW_Gray

Well-known member
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

May not had anything to do with weight. Apparently, at some point in time, there was a 40 foot length limit on buses/motor coaches on the Ohio Turnpike. http://codes.ohio.gov/oac/5537-3-01v1

If is was a weight issue, it probably was because the motor coach exceeded the max weight limit of the highway. Being that he was asked to take a different route, he wasn't overweight.

This may be the current:

Ohio
Size limitations: Height, 13'6"; Width, 8'6"; Trailer Length, 40'; Motorhome Length, 45'; Combined Length, 65'.
Required equipment: Safety chain, breakaway switch, brakes required on trailers with gross weight rating of 2,000 pounds.
Triple towing is permitted if total maximum combined length of 65' is not exceeded. Passengers may ride in pickup camper only. Overnight parking is not permitted in state rest areas.
http://www.rvtripwizard.com/rv-info/state-road-laws.html

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I'm still not clear as to the point of this topic... Illegal or not to me is a mute point.. If you're towing beyond the vehicle stated capacity, it's unwise... "If" it's legal, why would anyone want to drive around knowingly overloaded? Instead of asking if it's legal, maybe the question should be - Is it wise?

Maybe a reread of the OP is in order. I don't think I was ambiguous. But hey, if I can make it any clearer, I will.
 

silvasp

Well-known member
Might not be illegal. I can't say. But it most certainly could be unsafe. My "opinion" is why chance it?
 

RoadJunkie

Well-known member
If anyone is interested they can take a few minutes and Google laws regarding overloading, I'm done. The laws are complex and include exemption for a variety of special applications, e.g., farm equipment. It is also hard to separate commercial from non commercial. In Ca. the fines are further complicated county by county. But in the Q&A section of CA veh 35550-35558 it lists:

FREQUENTLY ASKED QUESTIONS
Are there other weight limits? Yes.

  1. Manufacturer's Gross Vehicle Weight Rating (GVWR) -- To preserve the vehicle. Consult your owner's manual or the manufacturer.
  2. "Declared Operating Weight" -- This declaration to the California Department of Motor Vehicles (DMV) determines the fees paid to DMV, and this declared weight may not be exceeded. See this DMV website: http://apps.dmv.ca.gov/commercial/cvra.htm.
Are these weights for the vehicle only? No, the weight limits on the weight chart above apply to the weight on the pavement of the vehicle and load combined.

Actual legality is settled in court, both criminal and civil. I truly doubt anyone is going to be stopped by law enforcement with a suspected overloaded rig, that sentiment is fairly universal. But to think because we're RV'ers and we can do whatever we want regarding loading? I don't imagine it would be hard to cite overloading as a contributing factor to an operator's loss of control.
 

jdfishing

Well-known member
Thanks for your post DW Gray. Your points were very clear and concise. For something to be "illegal", it has to violate a "LAW". In most cases there are no laws regarding overweight RV's. And, as you stated, that is not an endorsement to operate your RV overweight. Safety is always a priority. I think I get it. But we'll see how long this gets kicked around.
 

Bohemian

Well-known member
In CT a truck can be registered at any GVWR but not in excess of it's manufacturers GVWR. I doubt the DMV checks. They will as computer systems, software, and databases progress.

In BC an officer can issue an overweight violation to any truck in excess of GVWR.

These things are hard to find. Are written in the commercial code. Sometimes define exemptions such as farm vehicle or RV (one state defined RV as a motorhome).

Net, run overweight and you may be in violation, or maybe in a grey area.

The good news is that excess weight based fines start with excess weight amounts unlikely to be seen in RVs. Thus the likely understanding by police that RVS are exempt.That still leaves other code violations.

Safety concerns Ayre another mtter.
 

JanAndBill

Well-known member
While the state laws may vary regarding regulation and enforcement, there is one principal that is pretty consistent across the US and is somewhat a catch all as regards your personal conduct, "Gross Negligence". If you knowingly operate any vehicle in a manner that could be deemed unsafe and are involved in an accident you are likely to be held accountable for the damage, and in the case of death likely to be criminally charged. To me that pretty much makes it a mute point as to IF I want to risk operating my RV overloaded, or IF the law enforcement of a state is going to check me. I guess like some others I'm confused as to why the question of "if it is illegal to operate an RV overloaded" is even relevant.
 

JohnD

Moved on to the next thing...
I know that when we got our first TT (1978 Coachman 24-foot bumper pull) we loaded it up with everything we thought we would ever need while camping!

When we traded it in three years ago I couldn't believe how much stuff we had in it that we never really 'needed'.

We towed that thing all over Colorado and New Mexico with all of that stuff!

Now I think twice before I toss anything in the new trailer as I am more weight consious than ever.

If i get something new for the trailer . . . I look closely at what I can take out that we haven't used that can go back in the garage!
 
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