Crane found to be weight compliant because added load necessary for safe operation.

The Department of Public Safety’s Motor Carrier Compliance Division (MCCD) improperly invalidated Petitioner’s permit to operate a self-propelled crane and assessed a fine. The weighing officer with MCCD had determined that the vehicle was overweight and out of compliance because the contents of an attached metal box, as well as the counter weights used to balance the vehicle, constituted a divisible load.  However, as counter weights were mounted as a safety measure for stability and the contents of the box were necessary for the crane’s operation at the worksite, reversal was proper.