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Old 05-30-2012, 09:43 AM   #81
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Maybe lawsuits should be more like Spec challenges. "You'll need to put up $15,000 to file that suit, you'll get your money back if you win, but if the case is finished in any circumstance other than you being awarded monetary damage by verdict, that money will be rewarded to the defendant."

The amount should be determined on a case-by-case basis by underpaid-yet-self-entitled employees who don't give a damn about their jobs. It would certainly help convince me to not ask for 25k next time I get in a fender bender...
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Old 06-01-2012, 11:21 AM   #82
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Most politicians are lawyers from the state level up. Therefore, there will be no meaningful reform.

But we need reform.
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Old 06-04-2012, 03:09 PM   #83
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Since this turned into a legal thread. I had sub contractor working for me get hurt pretty bad. He lied to me about being licensed and insured. Because of some weird state law he was considered a statutory employee therefore covered by my workmens comp. That did not stop his greaseball laywer from suing me. My liability carrier paid up 50k for him to go away even though they were not liable because it was covered by workmens comp. Employees are not suppose to be able to sue because of this.
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Old 06-04-2012, 06:40 PM   #84
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Legal paperwork sucks but is important to cover your ***. You have to get copies of all of it up front.

I got quotes on getting big trees trimmed over my yard. Four of six that were "licensed, bonded, and insured" could come up with paperwork demonstrating that they were any of those three things. If a giant oak limb comes through the house, who is on the hook? More importantly, if one of his laborers falls 60ft out of a tree on my property, does the widow now own my house? In 4 of 6 cases, yes.
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Old 06-05-2012, 03:52 PM   #85
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Well, took the car home this weekend on the trailer. even had a few asshat drivers pull in front of me and had to hit the brakes pretty hard. i didn't die or burst into flames. The truck pulled the car and trailer like nothing and stopped with no issues at all.
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Old 06-12-2012, 10:05 PM   #86
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Since this has morphed into a legal thread, I will post this cautionary tale of woe. It is a good example of why you should cover your bases. This was posted on a private hunting forum I am a member of. FatKao is probably familiar with this location, living over on that side of town and all. I have also been stopped at this weigh station, since apparently they have nothing better to do there.

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I need a little legal help. This weekend, Tim, Aaron, James and me went down to work one of our plots thats close to the coast. Our weekend went great, and we bagged 23 yotes between the four of us on saturday. We were coming home on sunday, and thats where things went really pear shaped. As we came through durham, I was ulled over for skipping the weigh station. The officer said because I had a weighted tag that I had to stop, so we followed him back to the station. They weighed the truck and asked how much weight the truck was tagged for. I told them I didnt know, the dealership handled all of that. The officer called over another officer who whispered back and forth for a few minutes before asking me a few more questions. They asked where I was going, wher I had come from, a few questions about the truck and trailer and that was it. They sited me for being overweight of my tagged weight (20-88, 20-118) and operating a trailer without brakes (20-124). Does anyone know what the numbers mean? They are written on my tickets. Theres other stuff about negligence and they talked to me about a misdimeanor and a $1000 fine!

Can anyone help me fight this? They told me that because the trailer has no brakes, it gets treated as payload in the truck which was 4000 pounds. apparently my truck plate that came from the dealership is only a 7000 pound plate and my truck weighs 7500 pounds according to the officers, so my plate is wrong. The fine for the overweight ticket is almost 320$. Will this go on my insurance?> I already have some points on my license and insurance and I dont need no more.
Vehicle in question was a 2011 F250 diesel crew cab. Was he at fault for not checking the weighted tag? Sure. Was he at fault for towing without brakes? Sure. But, the NCSHP is also wrong in how they interpreted the law, and it will be a long, expensive uphill battle to prove otherwise.
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Old 06-13-2012, 10:52 AM   #87
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I don't see how NCSHP was wrong with the exception of saying he had to stop for the weigh station. He had a 7k plate on the truck, truck weighed more than 7k. As far as the brakes, what are the grosses on his axles? If the sum is more than 4k he needs brakes on at least one axle.

I put some fault on the dealer for not explaining the restrictions of his tag to him properly. NC trailer law is understood by very few in the DMV. Getting a straight answer usually involves calling Raleigh and getting in touch with an enforcement officer. The weight on your weighted tag is your max gross combined weight, it always includes truck and trailer. Internet says that the curb weight of that truck is ~6433lbs, putting a weighted tag on it was correct as a regular NC tag is only good to 6k on a pickup truck.

I'm not sure that a non-commercial vehicle has to stop at weigh stations though. Heavy car haulers (over 10k) with "NOT FOR HIRE" on the side have that there specifically to be able to skip weigh. If his truck has a business name on it or is used for commercial uses it may be different. I personally don't stop for weigh stations with a weighted tag on my truck. NCSHP's website says all vehicles over 10k+1 manufacturer GVWR need to stop and that isn't me. I'm guessing since he wasn't ticketed for blowing the weigh station that they realized he wasn't plated for over 10k when they stopped him and just hassled him on the brakes and overgross.

At least he let him go. If the cop wanted to be a dick he could have forced him to drop at the station and come back with something with a higher gross or unload till he was under gross.
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Old 06-13-2012, 11:03 AM   #88
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Quote:
Originally Posted by shanem View Post
Well, took the car home this weekend on the trailer. even had a few asshat drivers pull in front of me and had to hit the brakes pretty hard. i didn't die or burst into flames. The truck pulled the car and trailer like nothing and stopped with no issues at all.
Next time don't take chances, get a Sikorski Sky Crane to drop your car at the track.
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Old 06-13-2012, 11:23 AM   #89
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Quote:
Originally Posted by FatKao View Post
I don't see how NCSHP was wrong with the exception of saying he had to stop for the weigh station. He had a 7k plate on the truck, truck weighed more than 7k. As far as the brakes, what are the grosses on his axles? If the sum is more than 4k he needs brakes on at least one axle.

I put some fault on the dealer for not explaining the restrictions of his tag to him properly. NC trailer law is understood by very few in the DMV. Getting a straight answer usually involves calling Raleigh and getting in touch with an enforcement officer. The weight on your weighted tag is your max gross combined weight, it always includes truck and trailer. Internet says that the curb weight of that truck is ~6433lbs, putting a weighted tag on it was correct as a regular NC tag is only good to 6k on a pickup truck.

I'm not sure that a non-commercial vehicle has to stop at weigh stations though. Heavy car haulers (over 10k) with "NOT FOR HIRE" on the side have that there specifically to be able to skip weigh. If his truck has a business name on it or is used for commercial uses it may be different. I personally don't stop for weigh stations with a weighted tag on my truck. NCSHP's website says all vehicles over 10k+1 manufacturer GVWR need to stop and that isn't me. I'm guessing since he wasn't ticketed for blowing the weigh station that they realized he wasn't plated for over 10k when they stopped him and just hassled him on the brakes and overgross.

At least he let him go. If the cop wanted to be a dick he could have forced him to drop at the station and come back with something with a higher gross or unload till he was under gross.
Based on the fine amount, it looks like NCSHP made the trailer a "payload" instead of calculating it based on the gross axle weights. The curb weight on the truck is 7443 according to this from Ford:
https://www.fleet.ford.com/truckbbas...Pickups_SB.pdf

The trailer was apparently over 4k, it had 4 quads and all of their hunting blinds and gear from the weekend on it.

I dont stop either, but I have had the "You skipped the weigh station, you need to come with us" trick pulled. If you look closely at your registration, it will say "commercial vehicle" on it. That reminds me, I need to put the "Not for hire" on the side of the trailer. Non-commercials are not required to stop, you're right about that. Unfortunately, explaining that to an officer on the side of the road never goes well because the NCSHP has had it (wrongly, I might add) pounded into their heads that a weighted tag is a commercial tag, no matter what the owner says about it being a private vehicle.

IMO, the whole thing is a racket for money. Money for the tags, money for the fines, money money money. Im not saying either party is blameless because he should have been smarter to have the brakes and right tag, and the NCSHP should have fined him based on the axle weights and not counting the entire trailer as payload.

Speaking of DMV incompetence, they told me when I transferred the plate from the open trailer to the enclosed that I had:
1) 3 days
2) 7 days
3) 14 days
4) 30 days.
To turn the plate in if it wasnt on a vehicle. Uh, ok.

You're right though, the DMV and the lack of knowledge about the actual law is a BIG part of the problem.
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Old 06-13-2012, 11:32 AM   #90
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Quote:
Originally Posted by cucamelsmd15 View Post
You're right though, the DMV and the percieved lack of knowledge about the actual law is a BIG part of the citation-incentive compensation structure of most law enforcement agencies.
Fixed
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Old 06-13-2012, 11:40 AM   #91
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The commercial tag confusion is because the weighted tag used to be a commercial tag. Either way it's seems to be wrong interpretation since the law makes no distinction.

http://www.ncga.state.nc.us/enactedl..._20-118.1.html

Is the only thing I could find in 20-* that covers who has to stop at weigh stations. The 'not for hire' bit may be for insurance/CDL/permitting reasons.

Either way http://www.ncga.state.nc.us/enactedl..._20-118.1.html basically sticks it's fist up due process's ***.
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Old 06-13-2012, 11:48 AM   #92
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Quote:
Originally Posted by FatKao View Post
The commercial tag confusion is because the weighted tag used to be a commercial tag. Either way it's seems to be wrong interpretation since the law makes no distinction.

http://www.ncga.state.nc.us/enactedl..._20-118.1.html

Is the only thing I could find in 20-* that covers who has to stop at weigh stations. The 'not for hire' bit may be for insurance/CDL/permitting reasons.

Either way http://www.ncga.state.nc.us/enactedl..._20-118.1.html basically sticks it's fist up due process's ***.
After we realize its not worth hiring an attorney for representation, in which case we'd pay a court fee, most people will just pay the fine. Woohoo, more money for infra-red cameras to fight terrorism in rural NC and tasers to incapacitate people who "resist" at DUI road blocks.
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Old 06-13-2012, 12:01 PM   #93
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Quote:
Originally Posted by hustler View Post
Fixed
Valid point. Although, FatKao will probably agree, our DMV seems to be inundated with complete dumbasses.

Quote:
Originally Posted by FatKao View Post
The commercial tag confusion is because the weighted tag used to be a commercial tag. Either way it's seems to be wrong interpretation since the law makes no distinction.

http://www.ncga.state.nc.us/enactedl..._20-118.1.html

Is the only thing I could find in 20-* that covers who has to stop at weigh stations. The 'not for hire' bit may be for insurance/CDL/permitting reasons.

Either way http://www.ncga.state.nc.us/enactedl..._20-118.1.html basically sticks it's fist up due process's ***.
Yep. It all boils down to interpretation. Their interpretation nets them more money.

Quote:
Originally Posted by hustler View Post
After we realize its not worth hiring an attorney for representation, in which case we'd pay a court fee, most people will just pay the fine. Woohoo, more money for infra-red cameras to fight terrorism in rural NC and tasers to incapacitate people who "resist" at DUI road blocks.
Naw dude. Naw. Thats what they started tolling roads for.

Sometimes I ------- hate this state.
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Old 06-13-2012, 02:53 PM   #94
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In CA, If you pull a privately owned pickup truck into a weigh station, they get pissed at you for holding up the semi rigs. Every pickup in CA has commercial tags (unless you have a permanently-attached camper shell)

lol @ NC
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Old 07-23-2012, 04:34 AM   #95
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Here is a example of what can be had on the used market.

I bought this homemade trailer trailer for $700. It has electric brakes on both axles. The decking that came with it was kinda getto so I found another trailer for $900 (Trailex single axle)that was only rated for 1,500lbs. I removed the decking and installed it on the first trailer and sold the remaining trailer frame for $1,200.

I used the profits from the Trailex trailer to buy some nice 8' aluminum ramps.

All in for less than $1k.

While all this may seem like a lot of work, finding a lite, 16' double axle trailer is not cheap or easy. The trailer weights around 800lbs. The Miata around 2k. This really opens up my options for tow vehicles in the future.
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Old 07-25-2012, 01:00 AM   #96
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Quote:
Originally Posted by k24madness View Post
Here is a example of what can be had on the used market.

I bought this homemade trailer trailer for $700. It has electric brakes on both axles. The decking that came with it was kinda getto so I found another trailer for $900 (Trailex single axle)that was only rated for 1,500lbs. I removed the decking and installed it on the first trailer and sold the remaining trailer frame for $1,200.

I used the profits from the Trailex trailer to buy some nice 8' aluminum ramps.

All in for less than $1k.

While all this may seem like a lot of work, finding a lite, 16' double axle trailer is not cheap or easy. The trailer weights around 800lbs. The Miata around 2k. This really opens up my options for tow vehicles in the future.
that looks just like my trailer, only mine is black and has diamond plate decking where yours is aluminum.
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