Criminal liability; defenses; knowledge of violation; fine; payment;
sale of property
Sec. 7. (a) A court shall determine the extent of liability of the
driver, carrier, shipper, or other party shown to be criminally liable.
(b) It is a defense if a party can show that the party:
(1) could not reasonably have known the actual weight of the
load involved; or
(2) had no access to or control of the loading of an
overweighted load.
(c) If a person who is an owner, a driver, a carrier, or a shipper
specifically or directly orders or assigns a particular shipment to be
loaded:
(1) the person shall be considered to have had control of the
loading within the meaning of this section; and
(2) a showing of knowledge of the overweighted load affixes
criminal liability to the person.
(d) The person who has loaded a shipment has control of the
loading within the meaning of this section and a showing of
knowledge of the overweighted load affixes criminal liability to the
person if the person is self-employed. If the person loading a
shipment is not self-employed, then criminal liability affixes to the
person's employer jointly and severally with the driver of an
overweight vehicle.
(e) If a court determines that the owner of a vehicle or
combination of vehicles involved in a case is jointly or severally
liable, the owner shall be given ninety (90) days to pay the liability
assessed by the court. During the ninety (90) days the court may
continue the impounding of the equipment until all fines and costs
are paid. If the fines and costs are not paid within the ninety (90)
days after the court determination, the court may order the property
sold to pay the fines and costs.
(f) The court shall determine the liabilities, rights, and remedies
of all of the parties involved.
As added by P.L.2-1991, SEC.8.
Last modified: May 27, 2006