Vehicle Code § 35551a VC – Overweight Vehicle Violations in California

Vehicle Code § 35551a VC is the California statute that provides the weight limits for commercial vehicles. Operating a vehicle in excess of these limits is a misdemeanor offense punishable by up to six months in county jail, $1,000, and additional fines.

This chart shows the fines you face for overweight commercial vehicles in California:

VC 35551a provides a table that lists the appropriate weights for commercial vehicles. Depending on the number of axles on the vehicle, and the distance between them, a commercial vehicle must have a maximum gross weight between

• 34,000 pounds to
• 80,000 pounds.

Examples of illegal acts

• a truck driver driving their truck with an overweight cargo to try and meet a delivery date.
• the operator of a commercial vehicle suspects the vehicle exceeds weight limits, but drives the motor vehicle anyways.
• a motor carrier consistently drives their vehicle with overweight loads that exceed permissible weight limits.

Our California criminal defense attorneys will highlight the following in this article:

• 1. Can I drive an overweight truck?
• 2. Defenses
• 3. Penalties
• 4. Immigration Consequences
• 5. Expungements
• 6. Gun Rights
• 7. Related Offenses?
• Additional Resources

Vehicle Code 35551a VC is the California statute that sets forth the permissible weight limits for commercial vehicles.

1. Can I drive an overweight truck?

VC 35551a makes it a crime to drive a truck on a California “highway” if its weight exceeds the limits set forth in the statute.¹

A “state highway” means any road or other place that is publicly maintained and open to the public for purposes of vehicular travel.² The code section does not apply to federal interstate highways, such as I-5, I-10, and I-80.³

Under these laws, the maximum weight for a truck depends on:

1. the number of axles on a truck, and
2. axle spacing, or the distance between any group of two or more axles.⁴

Axle weight is not a determinative factor.

The permitted gross vehicle weights set forth in the statute range from 34,000 pounds to 80,000 pounds.

Vehicles Covered by VC 35551a

California’s overweight vehicles law exists largely to protect the condition of:

• the state’s highways and highway system, and
• the state’s highway infrastructure.⁵

Note that these laws only apply to combinations of vehicles that contain a:

• trailer, or
• semitrailer.

This means that some trucks are exempt from the law and do not have to adhere to the weight limits set forth in the statute. Examples include:

• trucks transporting vehicles,
• trucks transporting livestock,
• dump trucks,
• cranes, and
• buses.

Further, VC 35551a only applies to the weight of a vehicle. It does not address an oversize vehicle (for example, one that is overlong).

2. Defenses

To convict you of 35551a, California prosecutors have the burden to prove each element of the crime beyond a reasonable doubt. In our experience, the following three defenses are very effective at revealing “reasonable doubt” and getting this charge reduced or dismissed.

You Were Preparing for Loading or Unloading

Vehicle Code 35553 VC provides an exemption to the demands of these laws. It says that a truck is not subject to overweight vehicle laws if it is:

• in the immediate vicinity of an unloading or loading area, and
• actually preparing for, or, in the process of unloading or loading.⁶

Therefore, you can say you were unloading or loading to try and avoid an overweight conviction.

Your Vehicle Was Exempt

Recall that this statute only applies to combinations of vehicles that contain a trailer or semitrailer. This means certain trucks are exempt from the law (for example, dump trucks and buses). Therefore, you can try to show that your particular truck is exempt from the law, or not subject to VC 35551a’s overweight vehicle laws.

You Had a Legal Overweight Permit

You can always raise the defense that you were operating overweight vehicles, but had legal overweight permits.

The California Department of Transportation (CALTRANS) has the authority to issue special permits to operate oversize/overweight vehicles. Available permit types include:

• single trip permits,
• annual permits, and
• permits to carry superloads.⁷

To receive a permit under the permitting system, you must:

• contact the Department’s permit office (during open office hours),
• complete a permit application, and
• pay any applicable permit fees.

A violation can result anywhere from a simple infraction to a misdemeanor, depending on the excess of weight.

3. Penalties

Most violations of VC 35551a are charged as misdemeanors, punishable by:

1. custody in county jail for up to six months, and
2. a maximum fine of $1,000, and
3. additional fines depending on the vehicle’s excess weight.⁸

An exception is if the amount of excess weight is less than 4,501 pounds. In this case, a violation is only a California infraction.⁹ The California overweight fines for an infraction are an assessment of $250.¹⁰

4. Immigration Consequences

A violation of VC 35551a will not result in any negative immigration consequences. If you are a non-citizen, a conviction should not trigger deportation.

5. Expungements

You can attempt to get your conviction expunged, per Penal Code 1203.4 PC. Expungement is normally granted provided that you successfully complete:

• county jail time, or
• misdemeanor probation.

6. Gun Rights

A conviction for driving an overweight vehicle will not impact your gun rights. You can continue possessing a firearm as long as you are not otherwise prohibited from doing so.

7. Related Offenses

• Failure to Comply with CHP Rules by a Commercial Vehicle – VC 34506
• Limits on Driving Hours for Bus and Truck Drivers – VC 21702
• Commercial DUI – VC 23152d

Additional Resources

For more information, refer to these articles at the California DMV website:

• Commercial Vehicle Registration – Information on how to register commercial vehicles in California.
• Vehicle Industry Registration Procedures Manual – Comprehensive information about laws re. driving commercial vehicles in California.
• Commercial Driver’s Licenses – The requirements for getting and maintaining a CDL.
• Application for Title or Registration – Standard DMV form.
• Declaration of Gross Vehicle Weight – Standard DMV form.

Legal References: