Commercial Driver’s License (CDL) drivers face strict regulations when on the road. One common regulation includes weight limits for their truck loads. If accused of driving with an overweight load, there are several defenses to challenge the accusation.
Challenging the accuracy of the scale
One defense when facing accusations about not meeting regulations is questioning the scale’s accuracy used to weigh the load. If a scale’s calibration is incorrect or malfunctions, it can lead to incorrect weight readings. CDL drivers can request records of the scale’s maintenance and calibration to check for discrepancies.
Verifying load distribution
Another defense involves verifying the load distribution. If the weight of a load is uneven, certain axles may appear overweight while the total weight remains within legal limits. Ensuring the load’s distribution is correct can help argue that the truck was not overweight.
Proof of due diligence
CDL drivers can also defend themselves by showing proof of due diligence. This involves demonstrating that they took all reasonable steps to ensure their load was within legal limits. Recording weight checks, communicating with the loading facility, and complying with industry standards can help support this defense.
Error in documentation
Mistakes in documentation, such as incorrect weight details or clerical errors, can also be a viable defense. Suppose the paperwork provided by the shipper or loading facility contains errors. In that case, the driver may not be liable for the overweight load. Verifying the accuracy of all documents involved can help uncover such mistakes.
Emergency situations
In some cases, CDL drivers may argue that an emergency situation caused them to drive with an overweight load. For example, if there was a safety concern or a sudden need to move the load quickly, the driver might not have had a choice. This defense must, however, include compelling evidence.
Know your options
CDL drivers accused of driving with an overweight load have several defenses available. Knowing which defenses are available to you can help you avoid driving penalties. These defenses can help drivers navigate the legal complexities and keep their licenses in good shape.