Warning ticket for truck being too high in Indiana

[Vinnie T]

IS NOW A CIVIL COURT CASE!

That's right!

One of our drivers has a Pete that the tip of the exhaust pipe made the truck 13'9, three inches higher then allowed 13'6. The truck was properly DOT inspected before going out on the road and also had many inspections while on the road at scales and a few roadsides prior to this incident. The police officer wrote the driver up with a warning since it was the "TIP" of the exhaust pipe that was making it too high. After getting the warning the driver went to the shop and got it fixed right away.

Months go by, I get a letter in the mail from the state of Indiana Dept of Revenue Motor carrier division. It states since we were considered too high we needed a oversize/overweight permit. Operating without one is punishable by a $5000.00 fine. The letter states verbatum " So and So company is required to show cause as to why a civil penalty of $5000.00 should not be enforced for violations of improperly operating an oversized/overweight CMV"

It's a friggin tailpipe!!!! We have had it DOT inspected prior to going on the road! Now I have to do a "pre hearing" via telephone next week. This is now a CIVIL CASE????

Anyone dealt with this before?

 

[ATeam]

RE: Warning ticket for truck being too high in Ind

I have not dealt with a case like this before, but your story illustrates an emerging reality all expediters should respect. Government agencies are getting better at capturing data, communicating with one another and managing databases.

In your case, a roadside warning ticket was spotted by someone else nowhere near the road and the attempt is now on to leverage that into an additional violation and fine.

When we built our truck, we insisted that it be no more than 40.0 feet in length and compliant in every other respect. I can't tell you how many vendors and experienced drivers told me it was no big deal to run a truck that was "just a little" out of compliance. You would be amazed at the depth of insight these people confidently claimed to have into the hearts and minds of DOT and other officials. We knew better than to listen to them and stuck to our compliance guns.

A little overlength. A little heavy on the front axle. A little secret in installing a lift axle without paying FET. A little high on an exhaust pipe. It only takes a couple keystrokes to enter the out-of-compliance data in a database. Correcting the items so they won't be picked up at the next scale stop may not be so easy.

Welcome to the new world. Big brother is watching. He wants to justify his existence and endear himself to his boss by inventing more efficient and lucrative enforcement actions.

Infared thermometers. Laser measuring devices. Radar guns that can measure and record the distance between one vehicle tailgating another. Time is not on the side of the non-compliant.

 

[Vinnie T]

RE: Warning ticket for truck being too high in Ind

We did EVERYTHING to be DOT compliant. DOT inspection at the garage before leasing it on, paid extra for an inspection at the scale. The issue is oversize/overweight. It's not like we were running with a 15 foot machine on a flatbed and neglected to get a permit. It was the tip of the exhaust pipe! What is next, for all of us to become DOT certified inspectors? Do I need to measure myself along with paying for the inspections? The question is how will this play out, will they understand we were not negligent here and work with us, or fine our behinds off?

 

[ATeam]

RE: Warning ticket for truck being too high in Ind

I hate to say it, but with up to $5,000 at stake, it might be worth your while to get an attorney to take up your case.

 

[Vinnie T]

RE: Warning ticket for truck being too high in Ind

That's the first thing I did. Best case senerio I am out Attorney fees. No matter what happens this is costing me $$$$$$$.

 

[LDB]

RE: Warning ticket for truck being too high in Ind

>One of our drivers has a Pete that the tip of the exhaust
>pipe made the truck 13'9, three inches higher then allowed
>13'6.

It sounds like the truck isn't yours but belongs to "one of your drivers" who replaced the factory pipes with Billy Big Rigger pipes. If the pipes are indeed factory I'd look to Paccar for reimbursement of all expenses. If they are BBR pipes I'd look to the driver as well as the shop that put them on the truck.

Leo Bricker, 73's K5LDB, OOIDA Life Member 677319
Owner, Panther trucks 5508, 5509, 5641
Highway Watch Participant, Truckerbuddy
EO Forum Moderator
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Support the entire Constitution, not just the parts you like.

 

[Vinnie T]

RE: Warning ticket for truck being too high in Ind

Update:

Indiana has dropped the case:7

Smoke stacks are no reason to get a oversize/overheight permit.

Measure your smoke stacks guys and gals;-)

 

[MSinger]

RE: Warning ticket for truck being too high in Ind

I am glad that common sense prevailed but how much did this end up costing you as far as retaining the attorney that ended up not being needed? As usual the only winners are the lawyers.

 

[Vinnie T]

RE: Warning ticket for truck being too high in Ind

Nothing, the lawyer never did anything.



Thank the good Lord common sense prevailed

 

[cheri1122]

RE: Warning ticket for truck being too high in Ind

Vinnie, glad to hear that common sense prevailed, and could you send me the name of that lawyer? The one I have now charges a lot to do nothing!