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1997 SESSION


CHAPTER 70
An Act to amend and reenact § 46.2-1139 of the Code of Virginia, relating to permits for excessive vehicle size and weight.
[H 1704]
Approved March 2, 1997

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-1139 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-1139. Permits for excessive size and weight generally; penalty.

A. The Commonwealth Transportation Commissioner and local authorities of cities and towns, in their respective jurisdictions, may, upon written application and good cause being shown, issue a permit authorizing the applicant to operate on a highway a vehicle of a size or weight exceeding the maximum specified in this title. Any such permit may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting the permit.

B. Except for permits issued under § 46.2-1141 for overweight vehicles transporting containerized freight and permits issued for overweight vehicles transporting irreducible loads, no overweight permit issued by the Commissioner or any local authority under any provision of this article shall be valid for the operation of any vehicle on an interstate highway if the vehicle has:

1. A single axle weight in excess of 20,000 pounds; or

2. A tandem axle weight in excess of 34,000 pounds; or

3. A gross weight, based on axle spacing, greater than that permitted in § 46.2-1127; or

4. A gross weight, regardless of axle spacing, in excess of 80,000 pounds.

C. Every permit issued under this article for the operation of oversize or overweight vehicles shall be carried in the vehicle to which it refers and may be inspected by any officer. Violation of any term of any permit issued under this article shall constitute a Class 1 misdemeanor.

D. Any permit issued by the Commonwealth Transportation Commissioner or local authorities of cities and towns pursuant to state law may be restricted so as to prevent travel on any federal-aid highway if the continuation of travel on such highway would result in a loss of federal-aid funds. Before any such permit is restricted by the Commissioner, or local authority, written notice shall be given to the permittee.

E. When application is made for permits issued by the Commonwealth Transportation Commissioner as well as local authorities of one or more cities and towns, any fees imposed therefor by the Commonwealth Transportation Commissioner as well as all affected local authorities may be paid by the applicant, at the applicant's option, to the Commonwealth Transportation Commissioner, who shall promptly transmit the local portion of the total fee to the appropriate locality or localities.