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Old 05-05-2009, 04:38 PM
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Quote:
Originally Posted by JCL View Post
Couple of comments:

6000 lbs was the limit in North America. The same X5 vehicle in Europe had a higher published rating.

If you cause an accident, you cause an accident. Just because your trailer is under 6000 lbs doesn't make you not culpable.
It does make a civil judgement oh so much easier if you are over weight. While not clear in my post, I was referring to the tort happy USA! Viva la multimillion dollar judgement! Even I could win a case where the load was heavier than the manufacturer's recommendation, and I'm merely an engineer (well, truth be told, a couple of different engineers wrapped into one -- neither of which drives a train...).

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Originally Posted by JCL View Post
There is a big difference between an engineer with a very cautious approach and a lot of prep work towing 8300 lbs, vs someone bolting on a hitch and heading off with the same load.
Yep, the big difference is that the engineer is putting themselves in a position to lose everything they own if they get into a wreck towing beyond the manufacturer's recommendation. Preponderance of evidence, not reasonable doubt comes into play in civil suits in the USA (lawyers, feel free to chime in here).

Everyone makes choices. Just be sure you are somewhat aware of the consequences of the choices you make.

The Hensley hitch is a marvelous piece of engineering (about $3k worth iirc) that will get you no where in court. It'll just help tie the rope around your neck tighter: "So, as an engineer you KNEW you were overloading your X5 and yet you RECKLESSLY did it anyway without any thought towards the havoc you would create on our nation's highways, putting mothers, babies, kittens, and puppies at risk? Yes or no answer please!" The winning lawyer, errr, plaintiff rests.

I'm not telling anyone what to do. I'm just sayin'...

Oh, my other, other vehicle is a Chevy crew cab dually diesel. I've towed a few times.
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Old 05-05-2009, 04:49 PM
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Glad to meet another engineer with extensive towing experience.

Yes, the USA is tort happy. I would be aware of my insurance policies towing there (whether or not I was towing over the manufacturer's published load limit). In my simplistic way, I assumed that the overweight trailer would have to be a contributing factor to an accident, and that the simple existence of such trailer would not apportion blame. But then I am not a lawyer.

The thread started with questions about whether the X5 could tow the recommended limit of 6000 lbs. I think it can, and the examples of pushing that limit were to show that the 6000 lb load is very doable, not to recommend that everyone should overload their vehicle. When I have had to move an overweight load, it has been slowly, with precautions up to and including pilot vehicles. I think there is a big difference between a prepared driver towing a heavy load and an unprepared driver towing the same load, whether that load is just under or just over (or way over) the published maximum for the vehicle.

Cheers

Jeff
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Old 05-05-2009, 11:22 PM
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Wow Guys . . . awesome give and take about real world issues that may affect us in a machine we've all come to love . . . all in bimmer-lovin' camaraderie I'm certain.

I had my loaded boat and trailer weighed before shopping to ensure the X5 suitability. The $10.00 was money well spent to carry the certified scale generated printout of 5940lbs and the same date set of photos having her weighed to match. Also important to keep all records showing actual diligence in trailer/vehicle maintenance, brakes and related systems, lights, etc.

Now I'll have both things I desire and need in my tow vehicle . . . an awesome BMW and the paperwork to keep it above reproach while pulling.

- Darrell (M54 Lover)

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