OOSC, Part II, Item 12.- TIres a.(9) and b.(4) - Under inflated Tires / Flat Tires

Out of Service item for Tires under number 12 a. (9) & 12 b. (4) concerning weight exceeds tire load limit (393.75(g)).

I understand that this should be a violation, however I have a difficult time with the current way it is written, the weight limit could possibly exceed the tire load limit by a very small amount, i.e. 100 lbs. or so and would result in the vehicle being placed out of service and causing a motor carrier to receive numerous CSA points. I realize that under-inflated tires and weight exceeding the tire limit can cause a tire to overheat and thus cause a blow out, however an under-inflated tire by 30 or 40 % would likely be a greater danger than a tire with the load limit exceeded by a couple hundred pounds, however, it would not be considered as an out of service violation. We recently received an out of service violation because our steer axle weighed 12,740 lbs. and the load limit of the steer tires was 12,350 lbs. The difference is 390 lbs. I don't believe exceeding the tire load limit by 390 lbs. is as severe a violation as 40-45 % under-inflated. Thus my request for action.

I respectfully request that it be considered to change the out of service requirement from the existing verbiage to including a percentage that exceeds the tire load limit. I don't believe it should be 50% as the under inflated tire restriction, but a reasonable one that would allow for it to be only a violation and not an out of service violation until it would exceed the maximum percentage limit you could decide on. This would also apply to any other tire on any CMV as the verbiage is the same. This request could be made by simply adding a (NOTE) under the OOS item with the limit listed. Thank you for your time and consideration on this matter. Stay safe and aware.