The Issue Did the Respondent operate an unregistered commercial truck in Florida? Did the Petitioner correctly assess penalties of $4,101 pursuant to Section 316.545, Florida Statutes, regulating operation of commercial vehicles on a highway in the State of Florida?
Findings Of Fact On April 3, 1992, Beverly Griffin inspected and weighed two commercial vehicles owned and operated by the Respondent at the Sneads, Florida weigh station. The drivers produced the vehicles' Wisconsin apportioned registration, but the IRP permits and trip tickets were expired. The vehicles were weighed. One weighed 76,000 pounds, and the other weighed 76,020 pounds. The Respondent admitted the violation; however, the Respondent's representative indicated in his plea of mitigation that the company had obtained required permits and brought its equipment into the state on the trucks; however, it had taken longer than expected to complete the work with the machinery the trucks were carrying, and the permits had expired before the trucks and equipment could leave the state. The Department levied a fined in the amount of $4,101, at 5 cents/ pound for the overweight trucks plus $80 for new trip tickets, $90 for temporary fuel use permits, and $100 penalty for not having current fuel use permits. The Respondent paid the penalties. The statutes governing the operation of motor vehicles provide for strict liability against the owner of a vehicle.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered finalizing assessment of the $4,351 in penalties against the Respondent pursuant to Section 316.545, Florida Statutes. DONE and ENTERED this 17th day of November, 1992, in Tallahassee, Florida. STEPHEN F. DEAN, 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 17th day of November, 1992. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458 Gary Pomeroy, Vice President The Big Red Machinery Movers, Inc. Post Office Box 274 Butler, WI 53007 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458
Findings Of Fact Thomas C. Heinrich Corporation has been in existence for approximately four years, in road construction, and acquired its first tractor-trailer on which to haul its heavy equipment in February 1986. It operates five other smaller trucks used in road construction work. Prior to acquisition of the low boy in 1986, it used other carriers to haul its off-the-road heavy equipment. Upon receipt of the tractor-trailer Petitioner registered the vehicle and obtained a license tag. Unlike automobile registrations, which are generally valid for one year, heavy truck registrations are usually issued twice per year and expire May 31 and December 31. Accordingly, when Petitioner registered this tractor-trailer on February 11, 1986, the registration showed an expiration date of May 31, 1986. At the same time, Tag No. FK 2011 was issued for this vehicle with the registration decal to be attached to the tag showing the same number on the registration, and an expiration decal to be attached to the tag showing December as the expiration month. Petitioner did not notice the discrepancy between the expiration decal on the tag and the expiration date on the registration certificate. Between May 31, 1986, and August 26, 1986, this tractor-trailer had gone through weigh stations where the registration was checked several times without anyone noticing the discrepancy. On August 26, 1986, while this vehicle was transporting a back hoe on U.S. 301 in Hillsborough County, the vehicle was stopped by a Department of Transportation Weight and Safety Officer who suspected the vehicle was overloaded. Upon checking the registration this officer noted that it had expired May 31, 1986, and refused to allow the tractor-trailer to proceed. The tractor-trailer was weighed with portable scales carried by the officer and determined to weigh 111,700 pounds. A fine of $3835 was assessed based on the weight of the tractor-trailer exceeding 35,000 pounds x 5 cents per pound. The officer transported the driver to a telephone where he called Petitioner to advise that $3835 had to be paid before the tractor-trailer could be moved. Thomas C. Heinrich, sole owner of Petitioner, cashed $3835 from his Individual Retirement Account, paid the fine, and the tractor-trailer was allowed to proceed. On August 26, 1986, Petitioner held a valid overweight permit issued for one year effective 11/6/85 through 11/5/86 (Exhibit 4) which allowed the tractor-trailer to operate with a maximum load of $112,000 pounds. The tractor-trailer without cargo weighs approximately 36,000 pounds (Exhibit 6 and 7). The back hoe being carried August 26, 1986, weighs 52,700 pounds (Exhibit 5). Accordingly, the gross weight of the tractor-trailer and back hoe on August 26, 1986 was less than 83,000 pounds, which is much less than the 111,700 obtained using portable scales. But for the expired certificate of registration, Petitioner's tractor- trailer was in compliance with the load requirements when stopped on August 26, 1986.
