La Habra Heights – Residents of this agriculture and horse friendly community may want to think twice before buying a new 1 ton pickup, SUV, or hitching up the horse trailer if they want to avoid stiff fines.

In a report prepared by La Habra Heights City Manager Shauna Clark, the City is seeking to amend the municipal code via a new ordinance citing that “overweight vehicles are one of the chief causes of road deterioration.” She went on to suggest a graduated fine for “overweight vehicles” starting at $250 for vehicles over 3 tons. “A known repeated offense doubles the fine.”

So what it considered an overweight vehicle in the City of La Habra Heights? All streets have a 3-ton weight limit that translates into 6,000 lbs. Under the current municipal code, any vehicle with an unladen (curb) weight operating above that limit would be subject to the fine and possible points against ones driving record. While vehicle manufacturers boost and advertise maximum GVW (gross vehicle weight), ascertaining the correct curb weight of vehicles is another story. This is primarily due to the fact that curb weight takes into account all vehicle equipment options. An example is the high end Lexus LX 570 which comes in just 5 pounds shy of the limit at 5,995 lbs. Adding just one more gallon of fuel or a 300 watt upgrade to the stereo could put it over 6,000 lbs., running it afoul of the La Habra Heights municipal code.

The ever popular hauling pickups from the stables of General Motors and Ford, can often be seen towing horse and travel trailers, unfortunately they weigh in on the wrong side of the law. The workhouse 2008 Ford F-350 comes in at 6,130 lbs. A 2009 Chevrolet Silverado 3500 tips the scale at 6,279 lbs., and a 2009 Dodge RAM 3500 tilts the scale at 6542 lbs.

Buying American will also get you in trouble if you drive a full-sized SUV such as a 2009 ¾ ton Suburban or Hummer in the Heights. Both of these vehicles come in over 6,000 lbs. unladen.

Then there is the issue of the very large horse trailers that apparently are not exempt from the 3-ton limit unless they are driven out of town and back into town. No exception is made for movement within the community even to the City owned horse arena located at “The Park” The same municipal code also applies to the vehicles doing the towing that are in excess of 6,000 lbs. But there is some relief for residents via the rather oddly worded exemption from the City’s “code” for weight challenged vehicles; “Except as herein after provided…Any vehicle entering or leaving the City by direct route to and from a street address at which the vehicle is regularly and lawfully parked.” is exempt. Neighbor helping neighbor or visiting friends within city limits is definitely out of the question.

One registered owner (offender) of an overweight Ford suggests that the City simply change the language of the ordinance to read “No Commercial Vehicles over 3 tons allowed”. An owner of a horse, pickup truck and trailer felt that going after residents trucks is punitive and misguided. “We pay for the roads we have the right to use them …why don’t they go after the large cement or semi trucks?” Indeed, Ms. Clark’s report makes no mention of any fines for vehicles over 10 tons (20,000 lbs.)

Residents will have an opportunity to weigh in at the regular meeting of the La Habra Heights City Council, which is being held on Tuesday, September 7 at 7:30 pm instead of the regular meeting date of Thursday September 9, in observation of Rosh Hashanah (Jewish New Year).

Avocado Express Factoid: One can confirm the true curb weight of a vehicle via the manufacturer's “certificate of origin” that is supplied with the vehicle at the time of the first purchase. That document is often required to be surrendered to the DMV and is replaced with a vehicle title ("pink slip") typically without listing the unladen weight of the vehicle.

Click here to view City Managers Report (PDF File)

EOM