Just to be argumentative... NOT ALWAYS THE DRIVER.....in a LTL freight co the driver has NO control. so at YRC,ABF, etc it would not be the driver. We hauled US Mail for years and never blamed the driver. But yes, in 90 % of situations now it is on the driver. Since deregulation and de-unionization more and more gets put on the driver; even some stuff that shouldn't be.
Just to be argumentative,
it is always the driver.
there is absolutely no excuse that it can't be the driver - he is the one who is in charge of that vehicle and is responsible for the safety of that truck and its contents
BY LAW - not the carrier, not the guy who loads the trailer, not the dock lackey who runs this forklift into the crate marked fragile -
it is and will always be the driver.
If a company wants to take the responsibility for overloading the truck, then they have to be in the driver's seat when the truck goes over the scale.
There is no excuse that can be used in this case, if the driver is afraid of losing his job and running at risk, then he deserves to lose his job and not ever drive a truck again. It is the safety of others that matters, not making a buck.
Deregulation has zero to do with it, and neither de-unioniaztion, in face not having a union empowers the driver even more because the union sometimes gets in the way of safety.
I think I am seeing the same reasoning that is used with EOBRs, it isn't the driver who needs to be watched, they are not at fault for their logs so an EOBR shouldn't be allowed in the cab.