In nearly every instance where insurance companies are involved and settle, NDAs are required by all parties unless the case proceeds to the conclusion of trial. And, most insurance companies do not want that to occur.enelson said:Advmoto18, if you have access to some data regarding camper or RV owners who have actually been challenged in court due to over GVWR please share. A co-worker told me that he used to work for an accident investigation firm that would weigh the RV after an accident regardless of who was at fault. I assumed this was for one of the two insurance companies. I can't seem to find horror stories about this online though.
Huh?Advmoto18 said:It is good to disagree and ask for precedent and/or examples. It raises awareness.
I am not licenseed to practice law in Oregon.
Rather than cite case law, I will link a plain English brochure published by an RV club...
http://www.escapees.com/smartweigh/SWDownloads.aspx
Click on "Now that you've been weighed". Note aspect #3 paragraph.
This is a lay term, generalized brochure written by lawyers.
If one installs a slide-in camper into a pickup, it will be classified as a "recreational vehicle" or "motor home" (dependent upon jurisdiction) unless the pickup truck has been previously classified a commercial vehicle for tax and registration purposes; then commercial regualtions apply.
In Oregon, your pickup truck/slide-in camper is classified as a "motor home."
http://www.oregon.gov/ODOT/DMV/pages/vehicle/motorhome.aspx
http://www.oregon.gov/ODOT/DMV/pages/vehicle/trailer.aspx
Contact Oregon DOT for their interpretation of a "permanent" installation. Also ask DOT if ORS 818.010 applies to your "motor home". If so, Oregon over-weight calculation tables are likely to be more restrictive than the manufacturer's GVWR placard.
Placarded weight regulations are enforceable under the NHTSA. Not all states cite, manufacturer's placarded weights.
All 50 States, including Oregon, prohibit the over-weight operation of private and commecial vehicles on public highways.
And, I agree, a POV with a slide-in camper is not going to raise to the level of scruntiny as a commercial vehicle. But, if you are involved in an accident, regardless of culpability, and your pickup/camper is overweight per placard or state's formula, you will be subject to enforcment action. Case law is readily available in all 50 states regarding this matter. It is not a new legal issue.
Yea, what he said!!Bigfoot said:Huh?
None of this applies to me. My truck is registered as a passenger vehicle. The camper is just a nonpermanent load that does not even need to be registered because it is a popup.
NHTSA applies standards to manufacturers, it has nothing to do with enforcing state laws. Oregon does not have a "formula" and no one looks at the placard. Weight of a passenger vehicle is a nonissue unless it creates an obviously unsafe situation which falls under general vehicle operation. As I said before, some states have weight-based registration but that is for determining fees and is not tied to the GVWR.
Neither the many people I know who own truck campers nor the several forums devoted to truck campers cite any incident in the U.S. that involved "enforcement action" for an overweight truck camper. I'm sure there must be some special cases out there but you need to do a better job convincing me that they are relevant.
First...Bigfoot said:Huh?
None of this applies to me. My truck is registered as a passenger vehicle. The camper is just a nonpermanent load that does not even need to be registered because it is a popup.
NHTSA applies standards to manufacturers, it has nothing to do with enforcing state laws. Oregon does not have a "formula" and no one looks at the placard. Weight of a passenger vehicle is a nonissue unless it creates an obviously unsafe situation which falls under general vehicle operation. As I said before, some states have weight-based registration but that is for determining fees and is not tied to the GVWR.
Neither the many people I know who own truck campers nor the several forums devoted to truck campers cite any incident in the U.S. that involved "enforcement action" for an overweight truck camper. I'm sure there must be some special cases out there but you need to do a better job convincing me that they are relevant.
I did ask the insurance company and all they care about is that the truck is registered in my state and that I don't break any laws.Advmoto18 said:...
Finally, where I am most involved, insurance companies. I challenge you to call your insurance company. Specifically ask the underwirter if your policy is valid if your pickup truck, camper and loadout exceed the GVWR published on the Manufacturer's Certifiacte or Origin.
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The GVWR is the maximum weight the MANUFACTURER has scientifically determined the vehicle can be safely operated in accordance with federal regulations. Operate exceeding that number and you are not in compliance with the law.
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Finally...
I need to convince no one of anything. Once again, the decision is yours to operate an over-weight vehicle. An attorney you retain will happily take your hard earned money trying to convice a judge, jury or insurance company why you were justified operating your vehicle over-weight (I can't think of any valid reason). Or if a civil proceding, how much your future wages/retirement will be garnished paying someone you injured with your over-weight rig for the rest of their lives.