8.807 — FAILURE TO REACH TRACTOR OR TRAILER RESTRICTIONS

Violations of "Statute 8.807" results in an Class E Misdemeanor

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(a) Definitions

Failure to meet tractor or trailer restrictions refers to a violation where a commercial vehicle, including its tractor or trailer, does not comply with specific size, weight, or load regulations imposed by law. These restrictions ensure that vehicles operating on public roads do not exceed safety limits for road infrastructure or cause excessive wear and tear.

(b) Elements

To establish the offense of failing to meet tractor or trailer restrictions, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant operated a commercial vehicle (tractor or trailer) on public roads.

2. The vehicle exceeded the size, weight, or load restrictions as stipulated by state or federal law.

3. The vehicle was found in violation of these restrictions during inspection or enforcement actions.

4. The defendant was aware, or should have been aware, of the applicable size and weight restrictions for the vehicle.

(c) Defenses

Defenses to this charge may include:

1. The vehicle was operating under a permit that allowed for the specific size, weight, or load being carried.

2. The vehicle was improperly weighed or inspected, leading to incorrect findings of non-compliance.

3. The defendant did not have knowledge of the restriction due to insufficient or unclear signage or information.

(d) Aggravating Factors

Aggravating factors may include:

1. The violation caused significant damage to road infrastructure or created a safety hazard.

2. The vehicle was significantly over the permissible limits for size or weight, posing a higher risk to other vehicles or pedestrians.

3. The defendant has a history of similar violations, indicating a disregard for commercial vehicle regulations.