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2011 SESSION
11101048DBe it enacted by the General Assembly of Virginia:
1. That § 46.2-1102 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1102. Size limitations inapplicable to farm machinery, agricultural multipurpose drying units, and fire-fighting equipment; amber warning lights.
A. The Except when restricted by bridge capacity in §
46.2-1104, the vehicle size and weight limitations
contained in Articles 14 through 17 (§ 46.2-1101 et seq.) of this chapter shall
not apply to any farm machinery or agricultural multipurpose drying unit when
such farm machinery or agricultural multipurpose drying unit is temporarily
propelled, hauled, transported, or moved on the highway by a farm machinery
distributor or dealer, fertilizer distributor, or farmer in the ordinary course
of business. Nor shall those limitations apply to fire-fighting equipment of
any county, city, town, or fire-fighting company or association. Any farm
tractor or agricultural multipurpose drying unit wider than 108 inches,
however, which is so propelled, hauled, transported, or moved on the highway
shall be equipped with a safety light of a type approved by the Superintendent
of State Police. The light shall be plainly visible from the rear of the
tractor or agricultural multipurpose drying unit.
No overweight farm machinery or agricultural multipurpose drying unit under this section shall be operated on any Interstate Highway System component if the vehicle has:
1. A single axle weight in excess of 20,000 pounds;
2. A tandem axle weight in excess of 34,000 pounds;
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.
B. Notwithstanding subsection A of this section, any farm tractor or other farm,
agricultural, or horticultural vehicle wider than 108 inches may be equipped
with an amber flashing, blinking, or alternating warning light as provided in §
46.2-1025. Any such light may be installed in lieu of or in addition to the
safety light described in subsection A of this section.
The absence of amber flashing, blinking, or alternating warning lights on any
farm tractor or other farm, agricultural, or horticultural vehicle, as
authorized under this subsection, shall not constitute negligence, be
considered in mitigation of damages of whatever nature, be admissible in
evidence or be the subject of comment by counsel in any action for the recovery
of damages arising out of the operation, ownership, or maintenance of any motor
vehicle or farm tractor, nor shall anything in this section change any existing
law, rule, or procedure pertaining to any such civil action.