Opinion No. (1999)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE DICK DICKERSON, MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: If a California Highway Patrol officer at a scale facility prohibits an overweight vehicle from being driven on the highway, and the scale facility lacks unloading equipment, is the California Highway Patrol liable for any injuries sustained by the operator of the vehicle in attempting to reduce the weight without proper equipment? CONCLUSION If a California Highway Patrol officer at a scale facility prohibits an overweight vehicle from being driven on the highway, and the scale facility lacks unloading equipment, the California Highway Patrol is not liable for any injuries sustained by the operator of the vehicle in attempting to reduce the weight without proper equipment. ANALYSIS The inquiry presented for resolution concerns the possible liability of the California Highway Patrol ("CHP") for injuries sustained by a trucker at a highway scale facility. The trucker has been issued a citation for violating vehicle weight requirements (Veh. Code, § 35000 , et seq.) 1 and told that the truck…