LEGAL QUESTION FOR TRUCK EXTENDER PEOPLE - Kayak Fishing Adventures on Big Water’s Edge

bwana · 08-20-2014, 01:20 PM

I have a full sized pick up, with a steel box taking up a portion of the bed.

I have used a hitch extender for almost a decade to haul around my 14' kayak.

According to the CHP officer that pulled me over, I am not CA legal as the kayak is extending too far beyond the rear of the truck.

He pulled me over for speeding, not due to the kayak.

After requesting my license, registration and insurance he asked how I came about my flag.

I told him my daughter looked at me a little funny one day when I asked her if she had any old red laced bras I could have.

After that he let me go with a verbal warning to slow down. I have used one style or another of my "red flag" ever since.

wiredantz · 08-20-2014, 01:23 PM

That is HILARIOUS!!!!!!!!

tacmik · 08-20-2014, 02:32 PM

The answer is NO. When I first got my T-13, I went to the CHP office in El Cajon. The officer seemed to have all the answers immediately with no pauses to have to think. He said that if you take the length of your vehicle excluding the bumpers, divide by two. That is how far out you can extend with or without a hitch extender. The extender is merely for support. i.e. if your vehicle is 16 ft front to back, excluding bumpers. Your kayak can extend 8 feet from back of truck. If your tailgate is down, that doesn't count toward how far you can extend.

wiredantz · 08-20-2014, 04:02 PM

I wish CVC could provide a legal definition of " the last point of support", because it seems to leave the interpretation of this part of the law to CHP. (well many of the laws) This is probably the reason why, very few if any have gotten a ticket for this.

the Webster dictionary defines "Support" it as: v. t. 1. To bear by being under; to keep from falling; to uphold; to sustain, in a literal or physical sense; to prop up; to bear the weight of; as, a pillar supports a structure; an abutment supports an arch; the trunk of a tree supports the branches.

I would like to see how a court judge would rule on this matter, since you can argue that a truckbed extender is the last point of support for the kayak.

just a thought if anyone receives a citation for this.

But if you do get pulled over, I would not argue over it. Just go to court and see what happens.

wiredantz · 08-21-2014, 11:17 AM

Quote:

Originally Posted by tacmik

The answer is NO. When I first got my T-13, I went to the CHP office in El Cajon. The officer seemed to have all the answers immediately with no pauses to have to think. He said that if you take the length of your vehicle excluding the bumpers, divide by two. That is how far out you can extend with or without a hitch extender. The extender is merely for support. i.e. if your vehicle is 16 ft front to back, excluding bumpers. Your kayak can extend 8 feet from back of truck. If your tailgate is down, that doesn't count toward how far you can extend.

The officer probably didn't know about this CVC CODE...

LOAD-CARRYING EXTENSIONS

35402. (a) Any extension or device used to increase the carrying capacity of a vehicle shall be included in measuring the length of a vehicle. ...

jruiz · 08-21-2014, 12:08 PM

Is this what we expect to see behind your truck/suv?

tacmik · 08-21-2014, 03:19 PM

Quote:

Originally Posted by wiredantz

The officer probably didn't know about this CVC CODE...

LOAD-CARRYING EXTENSIONS

35402. (a) Any extension or device used to increase the carrying capacity of a vehicle shall be included in measuring the length of a vehicle. ...

Asked my son (lawyer with the DA's office) Said you would lose in court. It is a support and not load bearing. Also said if you think about it, your truck is 16 ft. long, extension is 4 ft. you would be able to extend 10 ft beyond the extension. Won't fly in court. Take it for what it is worth. If you win in court, great, if not. Have a fine to pay.

wiredantz · 08-21-2014, 03:35 PM

Quote:

Originally Posted by tacmik

Asked my son (lawyer with the DA's office) Said you would lose in court. It is a support and not load bearing. Also said if you think about it, your truck is 16 ft. long, extension is 4 ft. you would be able to extend 10 ft beyond the extension. Won't fly in court. Take it for what it is worth. If you win in court, great, if not. Have a fine to pay.

well than, we are back to square one:

EXTENSIONS TO THE REAR:
Per CVC Section 35410, the load upon a vehicle, trailer or semitrailer shall not extend to the rear beyond the last point of supportfor a greater distance than that equal to two-thirds of the length of the wheelbase. The wheelbase of a semitrailer shall be considered as the distance between the rearmost axle of the towing vehicle and the rearmost axle of the semitrailer.

__________________________________________________ __________________________________________________ ____

True it is not load bearing, it is for support. So if they say that it is a support;then technically it is the last point of support, and you should be able to extend two-thirds of the length of the wheelbase not exceeding the 40 ft rule.

35400. (a) A vehicle may not exceed a length of 40 feet.

I am just reading the law with my own interpretation so take them with a grain of salt.

bubblehide · 08-21-2014, 09:43 PM

Your thinking about tris all Rontgen. The regulation is talking about the vehicle, and it's wheel base. It then states that nothing can extend past the end of the truco, beyond 2/3 of the wheel base. The end of the truck being the end of the bed. The issue with extending cargo beyond the vehicle is that when making a turn from one street to another, or on sharp turns, and left turns, your vehicle, including cargo can occupy more than one lane. In the past, I have hauled irrigation pipe on a trailer, it often hung off the trailer by 15 or more feet. As such, when I made a left turn the pipe would be blocking the number 1 and 2 lanes of traffic ( heading in the direction I was going if I had not turned). As such, if I did not wait to make my turn, until all through traffic had cleared, I could have had a car run right into my load. So in short, such a load may be legal, but it can be very dangerous. So, if your load is sticking out, way past the end of the bed, be careful.

08-20-2014, 01:20 PM	#1
bwana Senior Member Join Date: Jun 2006 Location: El Toro, CA Posts: 244	Simple solution... I have a full sized pick up, with a steel box taking up a portion of the bed. I have used a hitch extender for almost a decade to haul around my 14' kayak. According to the CHP officer that pulled me over, I am not CA legal as the kayak is extending too far beyond the rear of the truck. He pulled me over for speeding, not due to the kayak. After requesting my license, registration and insurance he asked how I came about my flag. I told him my daughter looked at me a little funny one day when I asked her if she had any old red laced bras I could have. After that he let me go with a verbal warning to slow down. I have used one style or another of my "red flag" ever since.

08-20-2014, 01:23 PM	#2
wiredantz Currently @ MLO Territory Join Date: Dec 2010 Location: Under the Shadow Posts: 2,290	That is HILARIOUS!!!!!!!! __________________ Team: Disbanded You only have one chance in this life...make the right decision(s)...so you don't regret it

08-20-2014, 02:32 PM	#3
tacmik Senior Member Join Date: Jun 2007 Location: East County Posts: 914	The answer is NO. When I first got my T-13, I went to the CHP office in El Cajon. The officer seemed to have all the answers immediately with no pauses to have to think. He said that if you take the length of your vehicle excluding the bumpers, divide by two. That is how far out you can extend with or without a hitch extender. The extender is merely for support. i.e. if your vehicle is 16 ft front to back, excluding bumpers. Your kayak can extend 8 feet from back of truck. If your tailgate is down, that doesn't count toward how far you can extend. __________________

08-20-2014, 04:02 PM	#4
wiredantz Currently @ MLO Territory Join Date: Dec 2010 Location: Under the Shadow Posts: 2,290	I wish CVC could provide a legal definition of " the last point of support", because it seems to leave the interpretation of this part of the law to CHP. (well many of the laws) This is probably the reason why, very few if any have gotten a ticket for this. the Webster dictionary defines "Support" it as: v. t. 1. To bear by being under; to keep from falling; to uphold; to sustain, in a literal or physical sense; to prop up; to bear the weight of; as, a pillar supports a structure; an abutment supports an arch; the trunk of a tree supports the branches. I would like to see how a court judge would rule on this matter, since you can argue that a truckbed extender is the last point of support for the kayak. just a thought if anyone receives a citation for this. But if you do get pulled over, I would not argue over it. Just go to court and see what happens. __________________ Team: Disbanded You only have one chance in this life...make the right decision(s)...so you don't regret it

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08-21-2014, 12:08 PM	#6
jruiz Large Member Join Date: Jul 2012 Location: La Verne, CA Posts: 1,011	Is this what we expect to see behind your truck/suv?

08-21-2014, 09:43 PM	#9
bubblehide Senior Member Join Date: Jun 2008 Posts: 552	Your thinking about tris all Rontgen. The regulation is talking about the vehicle, and it's wheel base. It then states that nothing can extend past the end of the truco, beyond 2/3 of the wheel base. The end of the truck being the end of the bed. The issue with extending cargo beyond the vehicle is that when making a turn from one street to another, or on sharp turns, and left turns, your vehicle, including cargo can occupy more than one lane. In the past, I have hauled irrigation pipe on a trailer, it often hung off the trailer by 15 or more feet. As such, when I made a left turn the pipe would be blocking the number 1 and 2 lanes of traffic ( heading in the direction I was going if I had not turned). As such, if I did not wait to make my turn, until all through traffic had cleared, I could have had a car run right into my load. So in short, such a load may be legal, but it can be very dangerous. So, if your load is sticking out, way past the end of the bed, be careful.