This is all wrong (Not saying it isn't true) and illegal. In our justice system, burden of proof is ALWAYS on the accuser. Meaning, it is up to THEM to prove that you are over your ratings, NOT for you to prove you are not. The only thing they would be able to hold you on is if your weight was over your registration weight. Then, only after weighing you to prove it.
What they are doing in the case you describe is like pulling you over and telling you to prove that you were not speeding or get a ticket. That's just not how it works. They have the burden to prove their accusation. If they cannot, then you walk away.
It is also my understanding that the DOT could care less what your truck is rated to pull, the are arbitrary numbers with little basis in facts. They are completely unregulated. What they DO care about is if you are paying enough tax for your weight. That's what pays the bills. The exception would be something obviously unsafe, and in that case the ticket would be for the unsafe operation, not being overweight.
This is all based on Joe Schmoe and his private pickup and I have no idea how it works once you get into commercial vehicles or hauling for hire. I am sure Kalifornia is different as well.
I would be curious to hear a first hand account of someone getting a ticket for pulling a 10k rated trailer behind an S-10 or Ranger because they COULD exceed the weight rating, not because they ARE.
I was thinking the same thing.
Keep in mind, when it comes to traffic laws, you are more often then not guilty until proven innocent. If you get a speeding ticket, the odds are that you will have to somehow prove that you were not speeding, good luck on that route. What Diamond Pilot is saying is that is the way they sometimes enforce the trailer laws where he lives, they do it that way because they can. If someone wants to fight it, they can, but most judges don't want to mess with that stuff so they will back up the police 99% of the time. If you have the time and money to hire a lawyer, you might stand a better chance of fighting a ticket, but most people don't have the time and money to mess with it.
With a speeding ticket the police have something to prove your guilty though, the radar. As for the tow rating, the accused would have to provide the information for the police to prove you are guilty.
I agree with you guys that it makes no sense and would probably not hold up if challenged but its the way they operate around here. The pick on the little guys all the time like lawn care business and let the hot shotters and truckers roll right on through. That is up until the last couple of weeks I have seen more truckers pulled over than ever before.
Chris
The problem is that most people just lay down because they either don't know there laws or just believe the police are always right, which we all know isn't true.