Checking in on the TX Attorney General Opinion. Big Truck Fines.

What’s the deal? The Texas Attorney general is answering the burning question, the potential punishment for a violation of the maximum vehicle weight limit established by the executive director of the Texas Department of Transportation under Transportation Code section 621.102.

Why should I care? The Opinions quotes precedent that says if the Legislature was silent, we have to assume that silence was intentional. But, the statute has a catch all section for punishments, and that applies here. Because no statute specifies the penalty for violating section 621.102, operating a vehicle in excess of the maximum weight set by the executive director under that section is subject to the catch-all penalties in section 621.507.

How can this impact me? If the Legislature made an oops daisy, then they’ll amend Section 621.102 with specific penalty provisions.

Texas Attorney General Opinion KP-0354

Where we were in Ausgust 2020:

Burning Questions About Fines for Overweight Vehicles

Texas Attorney General Ken Paxton will be answering whether overweight vehicle fines apply to vehicles that would have been in compliance except for the fact that the roadway on which they are traveling have been re-designated for a lower weight capacity?

Why should we care about this? Because it will impact the amount of fines that can be collected by local governments during a time when transportation related fine and tax revenue are low.