Quote:
Originally Posted by Mr. Adventure
Harvey,
A friend in the car business told me that durability issues are a big part of the way they rate tow vehicles. Therefore, the tow rating in the owners' manual is not just about safety. Your point that the company is always involved in a company car is a good thing to consider, but both they and the RV driver are presumably insured like every vehicle and driver should be.
I'm usually very careful not to tell other people what to do, though I occasionally offer an opinion about what I think I might do in a similar circumstance. I don't think I told this minivan driver anything I'd have to apologize for in a court of law or elsewhere. I'm not a lawyer, but the law is written in English and available for us to learn things. I don't think I went beyond Civics 101 in my post.
However, I could have been more civil, and I apologize for my choice of words. My objection remains to your suggestion that the driver of a moderately overweight RV risks being charged with criminal negligence, simply because I don't believe such a thing could be easily determined and therefore such a case has probably never happened. If there is something you know, please share it. Otherwise it's wrong to be telling people these things.
|
Tow ratings and GCVWR are
mainly based on the vehicle's ability to
stop a certain amount of weight within a certain distance in order to conform to NTSB
laws. That is where the legality issue comes in. If an infraction occurs it is a simple matter of weighing the vehicles involved and determining whether the driver exceeded the vehicle's maximum weight ratings by deciding to drive the car towing that weight. There is nothing to prove. It's either over or under. Simple math. In the case of a death, I am pretty sure that the Police would have the vehicles weighed as part of a "Cause of Death" investigation. I would be very surprised if they didn't.
I don't have any case history in front of me and I have no desire to dig it up or argue the case. It's common sense.
It is true that the manufacturers do also consider the vehicle's ability to tow the weights that they advertise based on the mechanical ability of the vehicle, to protect the manufacturer against warranty issues. However, they will always advertise the maximum amount allowed by NTSB, as long as the vehicle can either #1 not exceed the stopping distance or #2 not harm the manufacturer's warranty policy. They do that to protect market share. It's a fine balancing act.
The point is, once a vehicle operator decides to operate a motor vehicle that exceeds the manufacturer's ratings, that person is not only violating the vehicles warranty, that person is violating the law (these limits are "Legal" limits) and is on his own. In fact, if a Highway Patrol Officer sees a vehicle that is towing over-weight, he has a right to have that vehicle either pull into a weigh station (where the driver may be forced to leave his trailer if it's over-weight) or leave the trailer on the side of the road, in extreme cases. Why do they do that?????? To protect public safety......they don't care if the vehicle breaks down, That's the driver's problem. They care that the vehicle may not be able to stop in the event of an emergency and that life and property could be at risk. Pure and simple.
I just want to repeat......this is not in reference to the vehicle or it's tow in this current thread.
No apology needed. You have a right to voice your opinion as anyone does. I'm always up to a good discussion and/or correction.
I think that we all learn something from these discussions, whether we agree or not. At least it gets us thinking.......
