Frederick, MD asked in Real Estate Law and Landlord - Tenant for Maryland

Q: Does "No trucks in excess of two (2) tons" mean a truck that weighs 2 tons or a truck with a load capacity of 2 tons?

The full clause (from an HOA CC&Rs) says "No trucks in excess of two (2) tons, buses, tractors, trailers, or the like, or any vehicle used for commercial purposes and displaying commercial lettering or signs, may be parked on any Lot or any street, except with the approval of the Board of Directors."

Someone is trying to argue this means that we do not allow personal trucks (and SUVs and Cars) that weigh more than 2 tons. I think it clearly references that Two Ton (or greater) Trucks are not allowed (in reference to their load capacity) not the physically weight of the truck. Are they correct? Does that clause dis-allow personal trucks that weigh more than 2 tons (which is most trucks)?

1 Lawyer Answer

A: I would argue that the term "two (2) tons" refers to the classification of the truck and not its actual weight or load capacity, because nearly all pickups and many passenger cars exceed 2 tons in total weight. Open the driver's door to your vehicle, and look at the manufacturer's label pasted on the open facing edge of the door. The gravitic weight of the vehicle is not the "tonnage" of the vehicle. Most standard pickups have gross carrying capacities of 7,000 lbs to 10,000 lbs, but they are classified for registration purposes at 1/2, 3/4 or 1 tons. This is a misnomer, as these trucks can carry more weight (their own plus carrying capacity), but the nomenclature has stuck. It is simply an outdated marketing term to distinguish among light duty, mid-duty and heavy-duty pickups. A commercial vehicle in Maryand under the Transportation Code starts ar 16,000 lbs. Trucks are broken into classes by the Federal Highway Administration. The FHWA uses a truck's Gross Vehicle Weight Rating to assign it a class. Trucks with a GVWR of up to 6,000 pounds would be considered Class 1 pickups. Class 1 pickups include most of the current midsize class. Class 2 is broken into two parts; Class 2a designates trucks with a GVWR from 6,001 to 8,500 pounds, and Class 2b designates trucks with a GVWR from 8,501 to 10,000 pounds. Traditional half-ton pickups fall into the 2a classification, while those designated as 3/4-ton trucks are in the 2b class. Class 3 trucks are those with a GVWR from 10,001 to 14,000 pounds, which encompasses the current 1-ton class of pickups. Total gravitic weight is the total weight that can safely be placed on the axels and suspension of a vehicle, so it included the vehicle weight, the passengers and any cargo, plus the weight of any trailer weighing on its tow hitch.

When light-duty trucks were first produced in the United States, they were rated by their payload capacity in tons (e.g., 1⁄2-, 3⁄4- and 1-ton). Over time, payload capacities for most domestic pickup trucks have increased while the ton titles have stayed the same. The now-imprecise ton rating is presently used to compare standard sizes, rather than actual capacities. This has led to categorizing trucks similarly, even if their payload is different. Therefore, the Ford Ranger, Chevrolet S-10, and GMC S-15 are called quarter-tons (1⁄4-ton). The Ford F-150, Chevrolet 10, Chevrolet/GMC 1500, and Dodge 1500 are half-tons (1⁄2-ton). The Ford F-250, Chevrolet 20, Chevrolet/GMC 2500, and Dodge 2500 are three-quarter-tons (3⁄4-ton). Chevrolet/GMC's 3⁄4-ton suspension systems were further divided into light and heavy-duty,

differentiated by 5-lug and 6 or 8-lug wheel hubs depending on year, respectively. The Ford F350, Chevrolet 30, Chevrolet/GMC 3500, and Dodge 3500 are one tons (1-ton). Similar schemes exist for vans and SUVs (e.g. a 1-ton Dodge Van or a 1⁄2-ton GMC Suburban), medium duty trucks (e.g. the Ford 1 1⁄2-ton F-450).

A truck classified as greater than 1-ton typically requires a CDL to operate.

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