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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1135 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1135. Liquidated damages for violation of weight limits; powers of enforcement officers; forfeiture of vehicle and cargo.
A. Any person violating any weight limit as provided in this chapter
or in any permit issued either by the Virginia Department of Transportation
or by local authorities pursuant to this chapter shall be assessed liquidated
damages. The amount of those damages shall be two cents per pound for each
pound of excess weight over the prescribed limit in this article for an
excess which does not exceed 5,000 pounds, five cents per pound for each
pound of excess weight over the prescribed limit in this article when such
excess is more than 5,000 pounds, two cents per pound for each pound of
excess axle weight over the prescribed limit in any permit issued pursuant to
§ 46.2-1139 or § 46.2-1148 Article 18 (§ 46.2-1139 et seq.) of
this chapter when the excess is 5,000 pounds or less, five cents per
pound for each pound of excess axle weight over the prescribed limit in any
permit issued pursuant to § 46.2-1139 or § 46.2-1148 Article 18 (§
46.2-1139 et seq.) of this chapter when such excess is more than 5,000
pounds and ten cents per pound for each pound of excess gross weight over the
prescribed limit in any permit issued pursuant to § 46.2-1139 or §
46.2-1148 Article 18 (§ 46.2-1139 et seq.) of this chapter.
However, whenever any vehicle does not exceed the gross weight permitted
according to the table provided in § 46.2-1139 and exceeds the axle weight in
this article by 2,000 pounds or less, the liquidated damages shall be
assessed in the amount of one cent per pound for each pound of excess weight
over the prescribed axle limit in this article. If a person has no prior
violations under the motor vehicle weight laws, and the excess weight does
not exceed 2,500 pounds, the general district court may waive the liquidated
damages against such person. Except as provided by § 46.2-1138, such
assessment shall be entered by the court or by the Department as a judgment
for the Commonwealth, the entry of which shall constitute a lien upon the
overweight vehicle. Except as provided by § 46.2-1138, such sums shall be
paid to the Department or collected by the attorney for the Commonwealth and
forwarded to the State Treasurer and allocated to the fund appropriated for
the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least thirty-five percent but no more than fifty percent, the amount of the liquidated damages shall be two times the amount provided for in the foregoing provisions of this section; if the gross weight of the vehicle exceeds lawful limits by more than fifty percent, the amount of the liquidated damages shall be three times the amount provided for in the foregoing provisions of this section. The provisions of this subsection shall not apply to pickup or panel trucks.