[Motor31]

47hook,

I'm sure your LEO friend can point you to the vehicle equipment statutes for your state to give you an example. If not, then look up the vehicle code for your state.

Arizona is pretty darn disorganized (IMO) as far as their transportation code is concerned. They redid the numbering and organization of the statutes and it's tougher to do research than it was before the reorganization. From what I was told, the laws weren't changed but they are now renumbered and ordered differently than before. This is what I found in AZ doing google searches and only having access to my out dated statute "cheat sheet". I was not able to get the entire statute verbiage, just excerpts which made it harder. I no longer have the print volume of statutes I used to carry with me when working.

In order to differentiate what I write and the quoted statute I'll use a dotted line to show breaks between what I typed and what I pasted.
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"28-5431. Definitions

In this article, unless the context otherwise requires:

1. "Declared gross weight" means the gross weight in pounds ascribed to a motor vehicle, trailer, semitrailer or vehicle combination by the applicant for registration.

2. "Gross weight" means the sum of the empty weight in pounds of a motor vehicle combination plus the weight in pounds of the maximum load to be carried on the motor vehicle combination at any one time, except that for tow trucks, gross weight means the sum of the empty weight in pounds of the tow truck plus the weight in pounds of operational supplies and equipment.

3. "Vehicle combination" means a motor vehicle and the trailers and semitrailers that it tows."
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An additional clarification of Declared Gross Weight I found is this, while it was in the commercial side of definitions it is the clearest cut definition I could find as it clarifies the term "ascribed".
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"Declared gross weight" means the gross weight in pounds ascribed to a motor vehicle, trailer, semitrailer or vehicle combination by the applicant for registration , EXCEPT THAT THE DECLARED GROSS WEIGHT SHALL NOT EXCEED THE MANUFACTURER'S WEIGHT RATING. (they supplied the capitals)
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The violation for overweight is also rather "busy" in the way it is worded and actually is covered in 2 seperate but related statutes.
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"28-5437. Operation with excess weight; violation; classification

A person who operates or who causes, permits or authorizes the operation on the public highways of this state of a vehicle singly or in a vehicle combination with a gross weight in excess of the vehicle's or vehicle combination's declared gross weight:

1. Is guilty of a class 2 misdemeanor notwithstanding section 28-5438.

2. Is deemed to have set a new declared gross weight for the vehicle or vehicle combination.

3. Shall reregister the vehicle or vehicle combination and shall pay a fee for the new gross weight or the maximum gross weight allowed by law, whichever is lower, without any allowance or reduction in the fee as provided for in this article or the proportional mileage per cent factor as provided in chapter 7, article 7 or 8 of this title.

28-5438. Weight violations; civil penalty; classifications; procedures; evidence

A. A person who violates this article is:

1. Subject to a civil penalty either:

(a) As prescribed in subsection B of this section.

(b) Of one dollar if the excess weight is one thousand pounds or less.

2. Guilty of a class 3 misdemeanor for a second violation of this article within six months of the preceding judgment.

3. Guilty of a class 2 misdemeanor for a second conviction for a violation of this article within one year of the preceding conviction pursuant to paragraph 2 of this subsection.

B. A court shall impose civil penalties as follows:

If the excess weight is: The minimum civil penalty is:


1,001 to 1,250 pounds $100.00
1,251 to 1,500 200.00
1,501 to 2,000 300.00
2,001 to 2,500 400.00
2,501 to 3,000 500.00
3,001 to 3,500 840.00
3,501 to 4,000 980.00
4,001 to 4,500 1120.00
4,501 to 4,750 1260.00
4,751 to 5,000 1400.00

5,001 and over 1400.00 plus an additional $100 for each 1000 pounds of excess weight

C. An unregistered vehicle that is operated on a public highway is deemed to have a gross weight of one pound for purposes of the civil penalty imposed by this section.

D. If an officer finds that a person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to shift the load, as reasonable under the circumstances, to comply with the axle weight limitation and notwithstanding this section:

1. If the driver does not comply with the request of the officer to shift the load, the driver is subject to a civil penalty or a criminal penalty.

2. If the driver complies with the axle weight limitation after shifting the load and the excess axle weight was two thousand five hundred pounds or less:

(a) The officer shall not cite the driver.

(b) The driver is not subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.

3. If the driver shifts the load but does not comply with the axle weight limitation or if the excess axle weight is more than two thousand five hundred pounds, the driver is subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.

E. If a person is arrested for violating this article, the arresting officer may take the person immediately before a magistrate who is within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense. If the person is taken before a justice of the peace, the person shall be taken before the nearest or most accessible justice of the peace with reference to the place where the arrest is made.

F. The officer or court collecting or receiving a civil penalty, fee, fine or forfeiture for a violation of this article shall deposit, pursuant to sections 35-146 and 35-147, the amount in the Arizona highway user revenue fund. If a civil penalty, fee or fine is collected, ten dollars of the civil penalty, fee or fine is deductible as reimbursement of costs from the amount collected, unless the fee or fine is less than ten dollars. The collecting official shall deposit the deducted monies with the city, town or county treasury of the city, town or county prosecuting or processing the violation.

G. A weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the weight of a vehicle and load is unlawful.

H. If the commodity being carried is sold by weight, a weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is not in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the gross weight of a vehicle and load is lawful. The presumption that the weight of the vehicle and load is lawful may be rebutted by the weight of the vehicle and load as shown by means of the department's stationary scale or a public weighmaster scale."
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Rather than try to summarize I just pasted the darn thing as I have no intention of doing THAT much typing. Besides you probably wouldn't believe my summary anyhow.