Findings Of Fact Respondent, Parker Construction d/b/a Robert's Components, was operating a commercial vehicle, traveling north on Interstate Highway 75, on March 27, 1991. The truck stopped at the Department's weight scales located in the area of White Springs, Florida. The Department's Inspector checked the vehicle registration handed to him by the driver. The tag registration was for a valid Georgia tag in the PF category. The PF category allows for a maximum gross vehicle weight of 30,000 pounds. The total weight of Respondent's truck on March 27, 1991, was 72,180 pounds. The total weight exceeded its registered weight by 42,180 pounds. Respondent was assessed a statutory penalty of five cents a pound for all weight over the commercial vehicle's registered gross vehicle weight of 30,000 pounds. At five cents a pound, the penalty assessed was $2,109.00. Robert Parker, president and owner of Parker Construction verified that the truck was registered in the PF category. Respondent was in the process of obtaining an IRP tag which would have allowed him to operate the truck at the weight it was carrying. Mr. Parker had no intent to purposely operate an overloaded truck and this was the first violation he had ever incurred since buying the truck. When Mr. Parker contacted a weight inspector with DOT, he was advised that if he wrote a letter to the Review Board advising them of the above facts, the fine would probably be reduced. Mr. Parker was also told that the decision rested with the Review Board. Mr. Parker followed the officer's advise. However, his fine was not reduced.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended: RECOMMENDED that a Final Order be entered finding that the penalty of $2,109.00 was correctly assessed against Respondent, pursuant to Section 316.545, Florida Statutes, and that Respondent's request for a refund be denied. DONE and ORDERED this 3rd day of March, 1992, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of March, 1992. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Assistant General Counsel Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Robert Parker Robert's Components P. O. Box 2523 La Grange, Georgia 30241 Ben G. Watts, Secretary ATTN: Eleanor F. Turner, M.S. 58 Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Thornton J. Williams General Counsel 562 Haydon Burns Building Tallahassee, Florida 32399-0458
The Issue The issue for determination is whether the Commercial Motor Vehicle Review Board's decision in this matter is proper; a determination that necessarily requires a finding of whether Respondent is liable for payment of a civil penalty for commission of the infraction of falsifying the log book of a commercial motor vehicle.
Findings Of Fact On February 4, 1992, Jimmy R. Holton was driving on State Road (SR) 76 in a commercial vehicle bearing Vehicle Identification Number (VIN) 1F4Y05YB8LH385086. The vehicle was owned by Respondent, Herbert W. Allen d/b/a Allen Transit. At 10:42 a.m., on that date the vehicle was stopped for inspection by Michael Roberts, a Motor Carrier Compliance Officer employed by Petitioner. Roberts examined the driver's log book and discovered the driver had pre-logged a future activity. The log reflected that the entry was made at the not yet existing time of 11:30 a.m. The officer completed his inspection and issued a Safety Report and Field Receipt which reflected his action of assessing a civil penalty of $100 for the false entry in the log book and putting the driver out of service for eight hours. The penalty was paid at that time. The vehicle was transporting automobile parts, non- hazardous material, from Jacksonville, Florida. The vehicle had left Delray Beach, Florida headed for Stuart, Florida when stopped for inspection. The vehicle's travel had occurred inside the State of Florida. The driver was maintaining a log book in compliance with legal requirements of Section 316.302(2)(d), Florida Statutes (1991), because the intrastate distance for the contemplated trip exceeded a radius of 200 air miles from Jacksonville, Florida.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered rescinding the previous imposition of the $100 civil penalty administratively imposed by Petitioner. DONE AND ENTERED this 4th day of November, 1992, in Tallahassee, Leon County, Florida. DON W.DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of November, 1992. APPENDIX The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Respondent's Proposed Findings None submitted. Petitioner's Proposed Findings 1.-2. Accepted. COPIES FURNISHED: Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458 Herbert W. Allen P.O. Box 742 Hiawassee, GA 30546 Vernon L. Whittier, Jr., Esq. Assistant General Counsel 605 Suwannee Street, M.S. 58 Tallahassee, FL 32399-0458 Thorton Williams, Esq. General Counsel Department of Transportation Rm 562, Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458
The Issue The issue in this case is whether, and to what extent, the Petitioner, the Department of Transportation (DOT), should penalize the Thurmond Investment Co. for the operation of a commercial motor vehicle it owns in excess of the maximum gross vehicle weight authorized by the declared weight of the vehicle, in violation of Section 316.545, Fla. Stat. (1989).
Findings Of Fact On October 18, 1990, Certified Movers, Inc., was operating a commercial motor vehicle owned by Thurmond Investment Co. on State Road 419 in White Springs, Seminole County, Florida. On January 5, 1990, the vehicle had been registered with a declared maximum gross vehicle weight of 14,750 pounds, and state taxes were paid for the classification of commercial motor vehicles up to 14,999 pounds. Under the declaration and payment of the appropriate tax, Thurmond was authorized to operate the vehicle at up to 14,999 pounds. On October 18, 1990, the vehicle still was registered with a declared maximum gross vehicle weight of 14,750 pounds, and Thurmond was authorized to operate the vehicle at up to 14,999 pounds. However, on October 18, 1990, the vehicle was being operated at a gross vehicle weight of 62,900 pounds. 3/ On October 25, 1990, Thurmond changed the weight declaration for the vehicle to 80,000 pounds (the weight declared when the vehicle was registered for the years prior to January 5, 1990.) There was no evidence why the declaration was reduced for the period between January 5 and October 24, 1990.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Transportation enter a final order upholding the $2,395.05 fine it assessed against Thurmond in this case. RECOMMENDED this 2nd day of October, 1991, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of October, 1991.
Findings Of Fact At all times pertinent to the allegations herein, the Petitioner, the Department, was the state agency responsible for the licensing and monitoring of the operation of interstate motor carriers in this state. The Respondent, PAT, was an interstate motor carrier of automobiles operating over the roads of this state. On October 10, 1991, Officer Ralph Vargas, an officer with the Department's Office of Motor Carrier Compliance stopped the Respondent's automobile carrier being operated by an employee of the Respondent in Boynton Beach, Florida, going north on US Highway #1. The stop was a random routine Level III safety inspection. Review of the documents carried by the driver reflected that the driver's driver license and the vehicle registration were in order. However, a review of the outside of the cab revealed that there was no required fuel decal being displayed. The driver showed Officer Vargas the cab card issued by the State of Florida for the fuel decal reflecting a decal had been issued for this vehicle. However, the decal was not displayed on the outside of the vehicle even though Mr. Vargas could see an area where an decal had been affixed. He can not recall whether he felt the area to see if it was sticky and he was unable to determine whether the former decal had been issued by the State of Florida or not. He did not see a CVSA, (Commercial Vehicle Safety Alliance) decal either. As a result of this infraction, Mr. Vargas assessed a penalty in the amount of $50.00 and issued a temporary permit at a cost of $45.00, both of which were paid by the driver at the scene. It is this penalty and permit which the Respondent contests. The pertinent statute in issue here required a vehicle of this kind to have both a cab card and a fuel decal which must be affixed to the vehicle. Mr. Vargas also issued the driver a warning for having an unauthorized passenger, (his son) on board and for not having his log book current. Mr. Hurley contends that just one week prior to this stop, the vehicle and driver were in California where a CVSA inspection was accomplished. While this was being done, Mr. Hurley personally inspected the vehicle to insure that all required decals were affixed. Again, before the truck left New Jersey on the instant trip, he again checked to insure the required decals were there. They were. Because he is aware of the extended time required to get a replacement decal for a vehicle, Mr. Hurley routinely purchases several extra $4.00 cab card and fuel decal sets for his trucks so that if, as here, one is lost or removed, he can, upon notice, get a replacement to the driver overnight. Here, he claims the decal must have been peeled off by someone while the vehicle was on this trip. It is his experience that Florida's decals are easily pulled off and, unlike the decals in some other states, there is no built in voiding process which would void the decal in the event it is stolen. Here, Mr. Hurley claims, the driver did not know the decal was gone. Had he known, he could have called the home office on the truck phone and have it delivered. It is so found.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered herein denying Professional Auto Transport, Inc.'s request for a refund of the $50.00 civil penalty and $45.00 permit fee. RECOMMENDED this 12th day of June, 1992, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of June, 1992. COPIES FURNISHED: Vernon L. Whittier, Jr. Assistant General Counsel Department of Transportation 605 Suwannee Street, MS 58 Tallahassee, Florida 32399-0458 Richard L. Hurley President Professional Auto Transport, Inc. Box 492 Lakewood, N.J. 08701 Ben G. Watts Secretary Department of Transportation Haydon Burns Bldg. 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Bldg. 605 Suwannee Street Tallahassee, Florida 32399-0458
The Issue The issues concern the question of whether the Petitioner is entitled to impose a $1,660.00 assessment against Respondent for operating a commercial vehicle in Florida without appropriate registration.
Findings Of Fact On October 21, 1991, Respondent's commercial vehicle was inspected at the Petitioner's Yulee weight station located on Interstate 95 in Nassau County, Florida. It was discovered that the motor vehicle did not have a Florida registration. Furthermore, the South Carolina registration for the vehicle was not apportioned to allow operation in Florida. As a consequence a penalty was assessed for operating the commercial vehicle in Florida without benefit of an appropriate registration. The actual amount of penalty was $1,660.00 which is reflective of the gross weight of 68,200 pounds at a price of .05 per pound of the amount in excess of 35,000 pounds. Respondent paid the $1,660.00 fine plus the $30 single trip registration fee. This payment was rendered on the date that the commercial vehicle was stopped.
Recommendation Upon the consideration of the facts found and the conclusions of law reached, it is, RECOMMENDED: That a Final Order be entered finding that the $1,660.00 penalty was an appropriate amount to be assessed against the Respondent on October 21, 1991, as envisioned by Section 316.545(2)(b), Florida Statutes, and that the request for refund of that amount be rejected. DONE and ENTERED this 23rd day of June, 1992, in Tallahassee, Florida. COPIES FURNISHED: Paul Sexton, Esquire Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458 GayCille Swisher Isley Iron & Metal Company 1691 Lost Mountain Road Powder Springs, GA 30073 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458 CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of June, 1992.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The Respondent, Sanwa Growers, Inc., owns and operates over the highways of the state of Florida a commercial vehicle identified as a 1987 Ford truck, VIN 9BFPH70P3HDM03333, Florida license number H1056W (vehicle). On November 13, 1990 the Respondent's vehicle while traveling on highway I-4 in Hillsborough County, Florida was stopped and weighed by the Department. The total weight of the vehicle was 24,100 pounds consisting of 10,540 pounds on the steering axle and 13,560 pounds on the rear axle. A Load Report and Field Receipt was completed which indicated the legal weight (declared gross vehicle weight) of the vehicle to be 19,999 with a tax class weight (gross vehicle weight) of 24,100 pounds which resulted in the vehicle being 4,101 pounds overweight. The Respondent was assessed a penalty of $0.05 per pound for each pound the truck was overweight which resulted in a total penalty assessed the Respondent of $205.05. The Respondent paid the penalty as assessed and was issued a Field Receipt. The gross vehicle weight (GVW) of the vehicle as declared by the Respondent in accordance with Section 320.01(12), Florida Administrative Code, on vehicle's registration certificate issued on September 19, 1990 was 19,999 pounds which was the legal weight indicated on the Load Report issued on November 13, 1991. On November 13, 1990 the GVW (legal weight) of the vehicle as declared by the Respondent was 19,999 pounds. The GVW of the vehicle as declared by the Respondent on the initial registration dated May 11, 1988 was 29,500 pounds. However, on the subsequent registration of the vehicle dated January 4, 1989, the declared GVW by the Respondent was 16,090 pounds which was the same as the net weight of the vehicle shown on the registration. Although the registration issued on January 4, 1989 expired on December 31, 1989, there was no evidence of a registration being issued upon expiration. The next registration that was issued subsequent to January 4, 1989 that is in evidence was issued on September 19, 1990 apparently for the purpose of increasing the GVW from 16,090 pounds to 19,994 pounds. This was the registration in effect at the time the vehicle was weighed on November 13, 1990. On November 15, 1990, two days after the weighing, the registration was corrected by increasing the GVW from 19,999 pounds to 29,500 pounds. There was insufficient evidence to show that the GVW set out in each of the registrations in evidence was not the GVW as declared by the Respondent at the time of issuing the registration or that the issuing agency incorrectly listed the GVW as declared by the Respondent on any of the registrations in evidence. On November 13, 1990 the Respondent's vehicle was 4,101 pounds overweight when stopped and weighed in Hillsborough County, Florida on I-4 and the calculation of the penalty ($0.05 x 4,101 pounds - $205.05) is correct.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED: That the Department enter a Final Order finding the Respondent subject to the penalty as assessed and denying its request for refund of the penalty. DONE and ENTERED this 9th day of October, 1991, in Tallahassee, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of October, 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-3727 The following contributes my specific rulings pursuant to Section 120- 59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties in the case. Rulings on Proposed Finding of Fact Submitted by the Petitioner Covered in the Preliminary Statement but adopted in substance as modified in Findings of Fact 1 through 3. Adopted in substance as modified in Finding of Fact 1. Adopted in substance as modified in Finding of Fact 8. Adopted in substance as modified in Findings of Fact 2 and 4. - 6. Adopted in Finding of Fact 9. Rulings on Proposed Findings of Fact Submitted by the Respondent Respondent did not submit or file any proposed findings of fact. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation 605 Suwanee Street, MS-58 Tallahassee, FL 32399-0458 Wendy Wheelock Qualified Representative Sanwa Growers, Inc. 5107 State Road 674 East Wimauma, FL 33570 Ben G. Watts, Secretary Department of Transportation 605 Suwanee Street Tallahassee, FL 32399-0458 Thornton J. Williams, General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, FL 32399-0458
The Issue The issue for determination is whether the Commercial Motor Vehicle Review Board's decision in this matter is proper; a determination that necessarily requires a finding of whether Respondent is liable, in two separate instances, for payment of a civil penalty for commission of the infraction of interstate operation of a commercial motor vehicle without first obtaining a fuel use permit.
Findings Of Fact On November 18, 1990, Respondent was driving on Interstate Highway 95 (I-95) in a three axle truck powered by motor fuel. He stopped the vehicle at Petitioner's weigh station located on I-95 near Yulee, Florida. Petitioner's station law enforcement personnel observed that there was no fuel tax identification on the truck and no temporary fuel tax permit. Respondent was assessed a civil penalty by weigh station law enforcement personnel of $50 as a result of Respondent's failure to comply with the State of Florida's fuel tax registration requirements. He was also issued a 10 day temporary fuel tax permit for a fee of $45 to enable the vehicle to proceed from the weigh station. On December 4, 1990, Respondent was again driving on Interstate Highway 95 (I-95) in the same three axle truck. Again, he stopped the vehicle at Petitioner's weigh station located on I-95 near Yulee, Florida. Petitioner's station law enforcement personnel again observed that there was no fuel tax identification on the truck and no temporary fuel tax permit. Respondent informed station personnel that an application for the appropriate permit had been made, but offered no documentation to support this claim. Respondent was assessed another civil penalty by weigh station law enforcement personnel of $50 as a result of this second failure to comply with the State of Florida's fuel tax registration requirements. He issued a second 10 day temporary fuel tax permit for a fee of $45 to enable the vehicle to proceed from the weigh station. Respondent requested that the Commercial Motor Vehicle Review Board review the civil penalty assessment. Subsequently, the Board met on May 9, 1991, and reviewed the civil penalty assessed against Respondent on each occasion. The Board determined that a refund of the penalties paid by Respondent was not appropriate. By written request filed with Petitioner on June 10, 1991, Respondent requested a formal hearing regarding the propriety of the penalties assessed against him.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered confirming the imposition of two civil penalties of $50 each upon Respondent and affirming Respondent's two payments of $45 for the two fuel use permits received in conjunction with the assessment of the civil penalties. DONE AND ENTERED this 16th day of October, 1991, in Tallahassee, Leon County, Florida. DON W.DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1991. Copies furnished: Jay O. Barber, Esq. Department Of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Kenneth R. Koozer 5469 Riverbluff Circle Sarasota, FL 34231 General Counsel Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0450 Ben G. Watts Secretary Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32399-0458
Findings Of Fact Petitioner Schooley Cadillac, Inc. is a dealer in Cadillac automobiles in West Palm Beach, Florida. The firm requires its salesmen to purchase a new Cadillac automobile each year. When a salesman decides to acquire the new automobile, an order is placed with the Cadillac Motor Car Division and delivery is made some eight to ten weeks thereafter. During the interim period, the salesman's used automobile is placed in petitioner's used car department and sold to a customer. State sales tax is collected by petitioner and remitted to respondent based on sales of the used cars. Title to the used car is transferred from the salesman to petitioner at the time it is resold. Although there is no contract or purchase agreement executed between the salesman and petitioner for the purchase of the new automobile, he is credited with the sale price of the used car on the books of the petitioner at the time the used car is sold. When the salesman's new car arrives, an invoice is prepared that reflects the amount credited to the salesman for the used car on the purchase price of the new car as a "previous trade." State sales tax is collected by petitioner and paid to the state on the price of the new automobile, less the amount credited for the used automobile. Petitioner handles a lesser number of transactions for General Motors retirees and a few winter residents using basically the same procedures involving purchases of new automobiles and prior sale of the individual's used car. In such cases, however, title to the used car is normally transferred to petitioner prior to its sale. (Testimony of Eichhorn) Respondent's tax examiner examined the books of petitioner in 1977 and determined that credit should not have been allowed for the price of the used automobiles in determining the amount of sales tax payable to the state because he viewed the amounts credited for the used automobiles as "down payments" rather than "trade-ins." Based upon 33 such transactions which took place between May 1, 1974 through April 30, 1977, a Notice of Proposed Assessment was prepared and sent to petitioner on August 2, 1977, in which delinquent sales tax in the amount of $9,814.44 was claimed, together with a penalty in the amount of $2,367.19, and interest through June 23, 1977, in the amount of $1,703.79, for a total assessment of $13,885.39. A prior Notice of Proposed Assessment in a somewhat larger amount had been scaled down after certain credits had been allowed to the petitioner. The 33 transactions in question involved 24 sales to petitioner's salesmen and the remainder to General Motors retirees or regular customers. As a result of the proposed assessment, petitioner filed its petition for an Administrative Hearing in the matter. At the hearing, petitioner conceded that tax was payable on three of the transactions in which used vehicles were not sold by the petitioner. These three transactions involved the purchase of new automobiles for the price of $7,500 and $5,200 respectively, and the purchase of a motorcycle for $375, thus making a total of $13,075 upon which petitioner acknowledges sales tax in the amount of 4 percent is due. Such tax amounts to $523, plus applicable interest and penalties thereon. (Testimony of Eichhorn, Elliot, Exhibits 1-2)
Recommendation That petitioner Schooley Cadillac, Inc. be held liable for sales tax under Chapter 212, Florida Statutes, in the amount of $523, plus an appropriate amount for penalty and interest thereon. Done and Entered this 7th day of December, 1977, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Robert W. Jensen and James Adams, Esquires 186 Southeast 13th Street Miami, Florida 33130 Edwin J. Stacker, Esquire Assistant Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304
Findings Of Fact At all times pertinent to the issues herein, the Florida Department of Transportation was the state agency responsible for enforcing the statutes involving commercial carrier vehicle weights on covered vehicles operated on the streets and highways of this state. It does so through its Office of Motor Carrier Compliance staffed with uniformed certified law enforcement officers who have the authority to conduct random safety and compliance inspections of commercial vehicles being operated in this state. On November 14, 1991, Officer Joseph Borras stopped a 1985 Chevrolet truck, owned by the Respondent, LaCroix, on State Road 702 in Palm Beach County, for a routine inspection. Officer Borras requested the driver to produce his driver's license and the registration slip for the vehicle. This registration slip, which was to expire on December 31, 1991, reflected the weight/length of the vehicle as 7860 pounds and the gross vehicle weight/load, (GVW/LOD) as 7860 pounds also. Since the GWV/LOD weight, (that prescribed by statute for use in these situations) was 7860 pounds, the weight used as legal weight for assessing penalty was 7,999 pounds. Officer Borras then weighed the vehicle at the scene utilizing a set of recently calibrated Department-owned scales, using the standard weight procedures. This weighing of Respondent's vehicle at that time showed it to weigh, loaded, 12,800 pounds. When the 7,999 pound maximum legal weight was subtracted from the actual weight, Respondent's truck was seen to be 4,801 pounds overweight. That excess, taxed at 5 per pound, resulted in a civil penalty of $240.05. This sum was paid by the Respondent by check at the scene. Officer Borras, who was described by the Respondent as being very polite and cooperative at all times, listened to the Respondent's protestations to the effect that the GVW/LOD figure on the registration slip was obviously in error since it was the same as the empty weight of the vehicle, but had no options in the matter. He is mandated to go by the GVW/LOD figure which appears on the registration slip. It is the responsibility of the vehicle's owner to insure that the GVW/LOD figure which appears on the registration slip is correct. Here, Respondent failed to do this, effecting re-registration of the vehicle by mail on December 31, 1990. The registration slip for the prior year, it is noted, also reflected 7,860 pounds as the GVW/LOD. In 1989 it was 10,500 pounds with a weight/length of 7,860 pounds. In 1992, both weight/length and GVW/LOD limits for this same truck were raised to 14,999 pounds. Clearly, the weight/length figure is in error on that form as well. Mr. LaCroix, after the truck was cited and released, proceeded to the city dump, his intended destination, where, prior to dumping, his vehicle was weighed to determine the dump charge. No evidence was produced on the issue of the reliability of those scales. They reflected, however, a loaded vehicle weight of 11,940 pounds, and an empty weight of 8,000 pounds. Because of the unknown reliability of the dump scales and the certified accuracy of the Department's portable scales, the weight determined by Officer Borras is accepted as correct.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered imposing a civil fine of $240.05 on the Respondent, LaCroix Construction Company, Inc. RECOMMENDED this 20th day of July, 1992, in Tallahassee, Florida. COPIES FURNISHED: ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 1992. Vernon L. Whittier Jr., Esquire Department of Transportation 605 Suwannee Street, M.S. - 58 Tallahassee, Florida 32399-0458 Ronald C. LaCroix President LaCroix Construction Company, Inc. 5900 Biscayne Drive Lake Worth, Florida 33463 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Bldg. Tallahassee, Florida 32399-0458
