ECONOMIC FACTORS OF DEVELOPING FINE SCHEDULES FOR OVERWEIGHT VEHICLES IN TEXAS

A rapid deterioration of the state's highway network can have serious economic consequences for Texas. Many communities depend entirely on the trucking industry for the transport of goods to principal markets. In order to protect the structural integrity of the highway system, which represents a significant economic investment, statutes limit the gross weight and axle weights of vehicles. However, despite the illegality of an overloaded vehicle, a large number of trucks operating on Texas highways exceed their maximum allowable weights. These illegal operations deprive the state of nearly $48 million per year. The current schedule of fines and penalties is wholly inadequate. By its very structure it encourages rather than discourages overweight violations. Truck operators have merely accepted these penalties as a cost of doing business. An operator of a 120,000-lb, 18-wheel vehicle, for example, has a $2,621 incentive to operate above the 80,000-lb legal gross weight limit. The low probability of being caught and the small fine fail to discourage a decision to overload a vehicle.