If they give you something that is unmarked and over legal height isn't it their fault?
As TestPilot quoted in his post here, the company is contractually obligated (article 16 sec.6(g)) to mark "company" trailers for height. If these trailers are TMV (trailer move) or lease trailers, they still need to be measured by the shop if they are not marked for height.
IMO, if a driver is assigned equipment that is overheight and
UNMARKED, the company has no grounds to pursue disciplinary action against that driver for damages incurred in the event of an incident caused by the height of the equipment. However, the driver can be cited and found to be "at fault" by law enforcement for such an occurence simply because, ultimately, it is the legal responsibility of the driver to ensure his/her equipment is compliant before departure, as per FMCSA.
So, to finish shellin' this nut,,, If you're assigned equipment that is not marked for height, have it measured to eliminate any doubt...
Also, while we're on the subject of over-dimensional equipment... When pulling 53 ft. trailers, be aware of the state requirements for length in the states that you will be operating in. Many states still adhere to bridge formula laws that allow a maximum trailer length of 41 ft. from pin to center of trailer tandems...
I see a lot of 53 footers in the system "max stretched" that could get YOU cited for overlength violation in certain states...