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2005 SESSION

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051211400
SENATE BILL NO. 825 Offered January 12, 2005 Prefiled January 10, 2005 A BILL to amend and reenact § 46.2-1138.1 of the Code of Virginia and to repeal § 46.2-1138.2 of the Code of Virginia, relating to local ordinances fixing weight limits; penalties. ---------- Patrons-- Mims; Delegates: Marshall, R.G. and May ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 46.2-1138.1 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1138.1. Local ordinances fixing weight limits on certain roads; penalties.

A. The governing body of any county, city, or town may adopt ordinances providing weight limits in accordance with the weight limits established by §§ 46.2-1123 through 46.2-1127 for any vehicle or combination of vehicles passing over any such roads under within the jurisdiction of such the county, city, or town and providing further for the assessment of liquidated damages as to overweight vehicles at rates and amounts not exceeding those applicable to the liquidated damages under § 46.2-1135. Such ordinances may provide: Upon that upon a finding of a violation of any weight limit prescribed therein, the court shall assess the owner, operator or other person causing the operation of such the overweight vehicle at such rate and amount as may be provided in such the ordinance;. The assessment shall be entered by the court as a judgment for such the county, city, or town;. The entry of such the judgment shall constitute a lien upon the overweight vehicles;. Such sums shall be paid into the treasury of such the county, city, or town and allocated to the fund appropriated by such the county, city for, or town to support either (i) the construction and maintenance of such the roads under within its boundaries or (ii) vehicle inspection programs within its jurisdiction.

B. Such ordinances may include additional provisions relating to payment of such the assessment and enforcement powers applicable to such the county, city, or town and corresponding to the provisions of §§ 46.2-1131, 46.2-1133, 46.2-1134 and 46.2-1135, except that civil penalties, liquidated damages and weighing fees collected pursuant to such ordinances shall be paid to the county, city, or town, and the county attorney, city attorney, or town attorney or his designee shall represent the county, city, or town in any court proceeding.

2.  That § 46.2-1138.2 of the Code of Virginia is repealed.