Motor Vehicles; Weight Limits

June 29, 1983 Subject: Motor Vehicles; G.S. 20-118(9) & (10); Weight Limits Requested By: J. G. Wilson, Director License, Theft & Weight Enforcement Division of Motor Vehicles Question: Is a truck equipped with a total of four axles operating with one of the axles (air bag) in a raised position and not carrying any load subject to the penalties prescribed by law if the weight of the truck exceeds the permissible limit for three axles? Conclusion: Yes. G.S. 20-118(9) provides, in pertinent part: "The gross weight of any vehicle or combination of vehicles having three axles shall not exceed 47,500 pounds . . ." G.S. 20-118(10) provides, in pertinent part: "The gross weight of any vehicle or combination of vehicle having four or more axles shall not exceed 64,000 pounds. . . ." Occasionally a vehicle having four axles, but with only three load bearing axles on the ground, will have a gross weight exceeding 47,500 pounds. The question is whether such a vehicle is in violation of G.S. 20-118(9). "The intent and spirit of an act are controlling in its construction. In ascertaining this intent the courts should consider the language of the statute, the spirit of the Act and what it sought to accomplish, . . ." Strong’s North Carolina Index 3d, Statutes, § 5.1. It is the opinion of this office that it was the intent of the Legislature that any vehicle having a gross weight exceeding 47,500 pounds must have four or more axles which are load bearing. RUFUS L. EDMISTEN Attorney General Millard R. Rich, Jr. Deputy Attorney General