Quick answer: An overweight citation is the one commercial-vehicle charge that does not touch your CDL. Maryland fines it by the pound under Md. Code, Transp. § 24-401 — 1 cent a pound for the first 1,000 over, rising to 40 cents past 20,000 — but it carries zero points and it is not a disqualifying offense. It is also the rare CDL charge a judge can still resolve with a probation before judgment, because 49 C.F.R. § 384.226 carves “vehicle weight” out of the federal masking ban. The catch: past 5,000 pounds over the load cannot move until you strip the excess, and once convicted you cannot have the fine reduced.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases, including citations written at the scales.
“I’ll just pay it and ask the judge to knock it down later.” On a weight ticket, you cannot. Section 24-401(f) says that “[n]otwithstanding any other law, a court may not suspend or reduce a fine imposed for a conviction for a weight violation.” No discretion survives the conviction — and paying the preset amount on the citation is the conviction, because it is a guilty plea. Under 49 C.F.R. § 383.5 the federal rules count “the payment of a fine or court cost” as a conviction too, which starts your 30-day clock to notify your employer. Requesting a waiver hearing or a trial within 30 days is what keeps a non-conviction disposition open, including the probation before judgment available under Md. Code, Crim. Proc. § 6-220. It is a trade-off, not a free option — the Judiciary warns that a fine can go up at a hearing — but paying forecloses every alternative at once.
Maryland and Federal Weight Limits
Two sets of limits apply to the same truck. On the Interstate system the federal ceilings in 23 C.F.R. § 658.17 control, inclusive of every tolerance. Everywhere else Title 24 governs, and in places it is more generous.
| Limit | Interstate system | Other Maryland highways | Authority |
|---|---|---|---|
| Gross vehicle weight | 80,000 lb, or lower where the bridge formula dictates | 55,000 lb on 3 axles or fewer · 66,000 lb on 4 · 80,000 lb on 5 | 23 C.F.R. § 658.17(b); Transp. § 24-109(e) |
| Single axle | 20,000 lb | 22,400 lb if the vehicle’s registered gross weight is 73,000 lb or less; 20,000 lb above that | 23 C.F.R. § 658.17(c), (f); Transp. § 24-108(a)(1) |
| Tandem axle | 34,000 lb | 34,000 lb | 23 C.F.R. § 658.17(d); Transp. § 24-109(c) |
| Group of 2 or more axles | Federal Bridge Formula | Same formula, with the full spacing table printed at Transp. § 24-109(d) | 23 C.F.R. § 658.17(e); Transp. § 24-109(c) |
| Enforcement tolerance | None. The limits include all tolerances | 1,000 lb, provided gross stays at or under 80,000 lb or a permit covers it | 23 C.F.R. § 658.17(g); Transp. § 24-401(b) |
Two things catch drivers. The Bridge Formula in Md. Code, Transp. § 24-109 caps weight on a group of axles by the spacing between them, so a truck under 80,000 pounds gross can still be over on one group. And the 1,000-pound cushion disappears on an Interstate, because federal law treats a no-fine threshold as an unauthorized tolerance — which is why § 24-401(b) reads “[e]xcept on an interstate highway.” Anything past these limits needs a permit under § 24-112, fixing the weight, route and hour of the move.
How Maryland Overweight Fines Work
The fine is arithmetic, not discretion. Section 24-401(c) escalates the per-pound rate through five bands, on every highway in the State. Most summaries stop after two.
| Excess weight over the allowable limit | Rate | Running fine at the top of the band |
|---|---|---|
| First 1,000 lb | 1 cent per pound | $10 |
| 1,001 – 5,000 lb | 5 cents per pound | $210 |
| 5,001 – 10,000 lb | 12 cents per pound | $810 |
| 10,001 – 20,000 lb | 20 cents per pound | $2,810 |
| Over 20,000 lb | 40 cents per pound | No ceiling — 25,000 lb over is $4,810 |
The District Court’s preset schedule uses those tiers and adds $33. On the Chesapeake Bay Bridge and its approaches, § 24-401(d) substitutes a steeper schedule topping out at 80 cents per pound. Two consequences sit on top:
- Over 5,000 pounds, the load is grounded. Under Md. Code, Transp. § 24-111.1(b) the vehicle may not move until the excess is unloaded, at your risk; moving it anyway carries a $1,010 preset. At 5,000 or less, unloading is the officer’s option, not a requirement.
- An out-of-state truck can be impounded. Section 24-401(g) allows impoundment until the fine is paid or collateral posted, and auction after 90 days. See out-of-state CDL holders ticketed in Maryland.
What it does not do is add points. Md. Code, Transp. § 24-101(d) says a maximum weight violation is not a moving violation for point purposes, and the preset schedule confirms zero points across Title 24. It is still a misdemeanor under § 27-101, and it still reaches the carrier’s federal safety record.
The Key CDL Distinction: Overweight Is Different
Every other significant charge a commercial driver faces runs into the federal anti-masking rule — the reason a probation before judgment is worthless for a CDL holder, because the state must report the conviction to the CDLIS record whatever the Maryland court calls it. Weight violations are written out of that rule by name.
“The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record …” — 49 C.F.R. § 384.226
The parenthetical is the whole ballgame: the bar on deferred and diverted dispositions for a DUI, reckless driving or a serious violation does not reach a weight ticket. Nor does Maryland’s — Crim. Proc. § 6-220(f) lists the offenses ineligible for a PBJ and weight is not among them.
| Consequence | Overweight citation | A serious violation (15+ mph over, reckless, following too closely) |
|---|---|---|
| CDL disqualification | None. Weight appears in no table of 49 C.F.R. § 383.51 | 60 days on a second in 3 years, 120 days on a third |
| MVA points | Zero — Transp. § 24-101(d) | Points assessed and reported |
| PBJ available | Yes — carved out of 49 C.F.R. § 384.226 | No; the state must report the conviction regardless |
| 30-day employer notice on conviction | Yes. 49 C.F.R. § 383.31 excepts only parking | Yes |
An overweight ticket costs money and time, not the career — none of the risk in CDL disqualifications in Maryland or how traffic tickets affect a Maryland CDL. But the carve-out protects the CDLIS record, not your job: a conviction still triggers the written 30-day employer notice, and a PBJ leaves nothing to report.
Who Actually Pays
Maryland can charge more than one person for the same overload: § 24-101(b) makes it an offense to drive a vehicle over its registered or statutory limit, and § 24-101(c) makes it a separate offense to permit one to be driven. The driver holds the citation, but the statute reaches whoever dispatched the load.
Between driver and carrier the money follows the contract, not the statute. Owner-operators absorb it; company drivers often sign an agreement making them responsible for failing to scale. Whether the overage was the driver’s doing is a live question when the trailer arrived sealed, pre-loaded, or with a shipper’s weight ticket that proved wrong — and it matters twice, in court and afterward with the employer (Maryland truck driver traffic violations).
Defenses to an Overweight Citation
Because the fine is a formula, the work targets its input — the pounds the State says you were over — then the disposition.
- How the weighing was done. Md. Code, Transp. § 24-111(b)(2) requires weighing, portable or stationary, “by methods established by experts in the field of weights and measures and adopted by rule or regulation of the Department of State Police.” An unlevel surface, axles off the pad, an uncertified scale — each goes to the reading.
- The portable-scale allowance. 23 C.F.R. § 658.17(g) recognizes that wheel-load weighers are accurate only to within 2 or 3 percent and permits an allowance up to 5 percent.
- The greatest tolerance was not applied. Section 24-111(b)(3) directs that where more than one applies, the officer “shall grant only the greatest applicable tolerance.” Several are easy to miss:
| Tolerance or credit | Amount | Authority |
|---|---|---|
| General overage, off the Interstate only | First 1,000 lb is not a violation | Transp. § 24-401(b) |
| Farm or forest products loaded off-highway, off the Interstate | 10% axle load | Transp. § 24-108(b) |
| Harvest-season agricultural loads, off the Interstate | 15% axle load | Transp. § 24-109(g) |
| Certified auxiliary power or idle-reduction unit | Up to 550 lb in Maryland; 400 lb on the Interstate | Transp. § 24-109(h); 23 C.F.R. § 658.17(n) |
| Accumulated cinders, snow or ice | Credit against the computed fine | Transp. § 24-401(e) |
| Maryland-plated truck hauling bulk liquid milk from the producer, off the Interstate | 5%, capped at 80,000 lb gross | Transp. § 24-111.1(c) |
Permits and paperwork work the same way: a § 24-112 permit, or the gross weight on the registration card under § 24-110, changes which limit you were measured against.
Where the weight holds up, the target becomes the disposition, because § 24-401(f) leaves no room to trim the fine after a conviction. Under a PBJ the money can still be ordered as a condition of probation (Crim. Proc. § 6-220(d)), but there is no conviction and nothing to report. See payable vs. must-appear tickets in Maryland.
Related Questions
No. Md. Code, Transp. 24-101(d) says a violation of the maximum weight provisions of Title 24 is not a moving violation for point purposes, and the District Court’s preset fine schedule shows zero points for every weight offense in the title. It is also not a disqualifying offense: overweight does not appear in any of the four tables of 49 C.F.R. 383.51. The conviction still goes on your driving record, and if you are convicted you must notify your employer in writing within 30 days under 49 C.F.R. 383.31, which excepts only parking violations.
Yes, and it is one of the very few CDL charges where a PBJ still works. 49 C.F.R. 384.226 forbids a state from masking, deferring judgment on, or diverting a CDL holder’s conviction, but the rule reaches traffic control violations other than parking, vehicle weight, or vehicle defect violations. A weight ticket sits inside that carve-out, so the federal bar does not apply. Maryland’s own probation statute, Crim. Proc. 6-220, does not list weight violations among the offenses ineligible for a PBJ, and a completed PBJ is not a conviction for the purpose of any disqualification imposed by law.
Not after a conviction. Md. Code, Transp. 24-401(f) provides that notwithstanding any other law, a court may not suspend or reduce a fine imposed for a conviction for a weight violation. The amount comes straight from the per-pound schedule in 24-401(c), which runs from 1 cent a pound for the first 1,000 pounds over to 40 cents a pound above 20,000 pounds over. Because paying the preset amount on the citation is a guilty plea, paying locks in both the conviction and the number. The total changes only by disputing the weight or resolving the case without a conviction.
See also hours of service and logbook violations and the Maryland CDL driver’s guide.
Expensive, But Not Career-Ending — Handle It Right
An overweight citation can ground a load and run into four figures, but it will not disqualify your CDL and it will not put a point on your record. Pay it and it becomes a conviction whose fine no judge may reduce. Worth pursuing: whether the scale reading survives scrutiny, whether an uncredited tolerance or permit applies, and who was responsible for the load. Because weight sits outside the federal masking rule, the PBJ unavailable on nearly every other CDL charge is available here — which makes the first 30 days the whole case.
Call before you pay, and bring the citation, weight slip, registration card and any permit. Toll-free: 1-877-566-2408. Defense side: Maryland CDL overweight violation lawyer.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 24-101, 24-108, 24-109, 24-110, 24-111, 24-111.1, 24-112, 24-401, 27-101; Md. Code, Crim. Proc. § 6-220; 23 C.F.R. § 658.17; 49 C.F.R. §§ 383.5, 383.31, 383.51, 384.226. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.