If a North Carolina truck has four axles total but only three of them are touching the road (one lift axle is raised), does it count as a four-axle truck for the higher gross-weight limit, or as a three-axle truck capped at 47,500 pounds?

Plain-English summary

North Carolina's Division of Motor Vehicles asked whether a truck with four installed axles, but only three load-bearing axles on the ground because an air-bag axle was raised, would face penalties if its gross weight exceeded the limit for three axles. The Attorney General answered yes.

The opinion quotes G.S. 20-118(9), which limited vehicles or combinations with three axles to 47,500 pounds, and G.S. 20-118(10), which set a 64,000-pound limit for four or more axles. It concludes: “any vehicle having a gross weight exceeding 47,500 pounds must have four or more axles which are load bearing.” Merely having a fourth axle installed did not satisfy that conclusion when the axle was raised and carried no load.

The opinion cites the rule that the “intent and spirit of an act are controlling in its construction,” then states its conclusion about load-bearing axles. It does not specify a moment-of-weighing test, discuss automatically deploying axles, or prescribe how an officer should evaluate an axle that changes position.

Currency note

This opinion applies the weight limits quoted in 1983. Check current North Carolina vehicle-weight law before applying those figures today.

Historical context: what the AG concluded

The question describes a four-axle truck with one air-bag axle raised, leaving only three load-bearing axles on the ground. The Attorney General says a vehicle weighing over 47,500 pounds must have at least four load-bearing axles. That answer resolves the configuration presented in the question. It does not define a separate rule for the truck's status at a scale or at a particular instant during a trip.

Background and statutory framework

G.S. 20-118(9) and (10), as quoted in the opinion, gave different gross-weight limits for vehicles or combinations with three axles and with four or more axles. The Attorney General read those provisions to require the axles supporting a gross weight over 47,500 pounds to be load bearing. The opinion provides no further mechanical criteria for how much load an axle must carry.

Common questions

Does a raised fourth axle count for the higher weight limit in this opinion?

No. The question expressly describes an air-bag axle that is raised and carries no load. The opinion says a vehicle exceeding 47,500 pounds must have four or more load-bearing axles.

Did the opinion establish a rule based on the moment the truck is weighed?

No. It addresses the raised, non-load-bearing axle described in the question. It does not say to judge axle status at a scale or any other specified moment.

What if a lift axle deploys automatically or is partly load bearing?

The opinion does not address either situation. It gives no test for automatic deployment or partial loading.

Does the answer include combinations of vehicles?

The quoted weight-limit provisions refer to “any vehicle or combination of vehicles.” The opinion's conclusion uses the broader phrase “any vehicle” weighing more than 47,500 pounds.

Source

• Landing page: https://ncdoj.gov/opinions/motor-vehicles-weight-limits/

Citations

• N.C.G.S. § 20-118(9)
• N.C.G.S. § 20-118(10)
• Strong's North Carolina Index 3d, Statutes § 5.1

Original opinion text

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