Violation of load limitations; registered weight of vehicle;
assessment of penalty; Class C infraction
Sec. 3. (a) The gross weight declared by an applicant in an
application for registration under this title determines and fixes the
limit of the load, including the unladen weight of the vehicle or
combination of vehicles fully equipped for service, that may be
transported by a vehicle or combination of vehicles on the highways
for the period for which the registration or license is granted. Except
as provided in subsection (b), the transportation of a load on a
registered and licensed vehicle or combination of vehicles in excess
of the limit fixed in the application for registration subjects the
person violating a provision of this title to the penalty provisions in
this title or to the revocation of the license for the vehicle, or both.
(b) Because of the various types of scales used and the variance
in scale weights, a penalty may not be assessed if the actual scale
weight of a vehicle or combination of vehicles with load does not
exceed one and one-half percent (1 1/2%) of the registered weight of
the vehicle or combination of vehicles, including load.
(c) A person who violates this section commits a Class C
infraction. In addition, the person shall pay the difference between
the fee paid for registration of the vehicle and the fee for the
registration of the vehicle plus a maximum load of a weight equal to
the excess load being transported. Until the fee is paid, the person
transporting the excess load is not permitted to move the transporting
vehicle.
As added by P.L.2-1991, SEC.8.
Last modified: May 27, 2006