While federal laws apply in all cases involving commercial transports that cross state lines, additional regulations or limits on trucking put in place by states, counties and/or cities must always be taken into account. For instance, while there are general maximum state weight standards, local ordinances put further restrictions as to what constitutes “over weight” for vehicles in order to prevent damage to roads and bridges.
When considering a lawsuit for injuries caused by negligence or malfeasance by an operator of a tractor trailer, truck or other large vehicle, finding an experienced attorney to help you is critical to success. For nearly 30 years, McGahren law has been handling personal injury lawsuits in Gwinnett, Peachtree Corners and Norcross.
For instance, here are the standard rules adopted in Gwinnett County’s municipal codes and ordinances.
Gwinnett County, Georgia Code
Sec. 102-2. – Uniform rules of the road adopted.
Pursuant to O.C.G.A. §§ 40-6-372—40-6-376, O.C.G.A. §§ 40-6-2—40-6-395, known as the uniform rules of the road, and the definitions contained in O.C.G.A. § 40-1-1, are hereby adopted as and for the traffic regulations of the county with like effect as if recited in this section.
Here is are some modifications by Gwinnett County § 102-36;
(Code 1978, § 8-2002; Code 1994, § 110-33; Ord. of 11-13-2007, § II; Ord. No. TAV-2010-001, 12-14-2010)
No vehicle shall be operated on any public road maintained by the county designated as a truck route with a total gross weight in excess of 56,000 pounds unless the vehicle is making a pickup or delivery on such road. (Exception: Ozora Road from the Walton County line to SR 20 and Cooper Road from SR 20 to US 78/SR 10. The 56,000 pound limit is increased to 73,280 pounds.) The maximum gross weight shall then not exceed the maximum permitted gross weight for state designated routes as provided for in O.C.G.A. § 32-6-26.
Norcross and Peachtree Corners, Georgia – Code of Ordinances Chapter 34 – TRAFFIC AND VEHICLES ARTICLE I. – IN GENERAL Sec. 34-3. – Traffic, speed, truck, parking.
Oversize vehicle means trucks, truck-trailer combinations, vehicle with trailer combinations with an actual weight or a CGVWR of 18,000 lbs. or more; trucks, truck-trailer combinations, and vehicle with trailer combinations with an overall length of more than 30 feet; motor homes, recreational vehicles, and buses over 25 feet.
Note that what is considered a commercial truck and that there are per wheel and axle limits as well as the total weight of a vehicle is not a simple answer.
Frequently Asked Questions
Q: I’m confused. I’ve heard some people say that a GVWR of 10,001 lbs. or more makes a vehicle subject to the regulations, others say 26,001 lbs. Can you help clear this up?
A: Vehicles with a GVWR of 10,001 lbs. or more used as part of a business (including a non-profit organization) are considered commercial motor vehicles for purposes of most of the safety regulations. This applies to:
-
- Single vehicles (trucks and vans)
- Passenger carrying vehicles with more than 15 passengers including the driver and passenger carrying vehicles equipped for 15 passengers, including the driver.
- Combinations of vehicles (such as a truck pulling a trailer or other equipment). At 26,001 lb. and above GVWR, additional requirements also apply (Commercial Driver’s License and Drug and Alcohol Testing).
- Vehicles that carry hazardous materials for a business purpose are considered commercial regardless of GVWR.
The Maximum load for a truck operated in the state of Georgia is detailed as follows;
2014 Georgia Code – Title 32 – Chapter 6 – Article 2 – DIMENSIONS AND WEIGHT OF VEHICLES AND LOADS
(b) Except when authorized by a permit issued pursuant to Code Section 32-6-28 and except as otherwise provided in this Code section:
(1) No vehicle equipped with high pressure pneumatic, solid rubber, or cushion tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 8,000 pounds by more than 13 percent or a load on any single axle which exceeds 16,000 pounds by more than 13 percent; and
(2) No vehicle equipped with low pressure pneumatic tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 9,000 pounds by more than 13 percent or a load on any single axle which exceeds 18,000 pounds by more than 13 percent.
(c) (1) (A) On all highways within this state which are not interstate highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; the maximum load on any tandem axle shall be 40,680 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped.
RELATED ARTICLE: Legal Watch: Forsyth County, Georgia – Ordinances – Restrictions on large motor vehicles.
Image courtesy of Enzo Varsi from Pixabay
DISCLAIMER: The information herein is for educational purposes only and does not constitute legal advice. For any legal matters, we urge you to take the advice of an attorney familiar with your case.
DISCLAIMER: The information herein is for educational purposes only and does not constitute legal advice. For any legal matters, we urge you to take the advice of an attorney familiar with your case.
Related Articles
Tractor Trailer Operators Face Increased Liability Under Hazardous Conditions
