8.808 — FAILURE TO REACH LOAD SIZE RESTRICTIONS
Violations of "Statute 8.808" results in an Infraction and a fine of $5,000
(a) Definitions
Failure to reach load size restrictions refers to a violation in which the load being transported on a commercial vehicle does not comply with the required or legal maximum size limits set by state or federal regulations. These regulations are designed to ensure that loads do not exceed safe dimensions for transport on public roads.
(b) Elements
To establish the offense of failing to meet load size restrictions, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant operated a commercial vehicle with a load that was larger than the permitted size according to applicable laws.
The load exceeded the specified width, height, or length limits for transportation on public roads.
The load was found to be in violation during an inspection or enforcement action.
The defendant was aware or should have been aware that the load exceeded the allowed size restrictions.
(c) Defenses
Defenses to this charge may include:
The load was being transported under a valid special permit that allowed for the larger size.
The violation occurred due to an unexpected or unavoidable condition, such as a last-minute change in the load’s arrangement or transport requirements.
The load size was inaccurately measured or inspected, leading to an incorrect determination of violation.
(d) Aggravating Factors
Aggravating factors that may increase the severity of the charge include:
The oversized load caused significant obstruction or danger to other vehicles or infrastructure.
The load exceeded the size limits by a large margin, creating a greater safety hazard.
The driver has a history of previous violations related to load size or similar regulations.
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