Sec. 621.508. AFFIRMATIVE DEFENSE FOR OPERATING VEHICLE OVER MAXIMUM ALLOWABLE WEIGHT. (a) It is an affirmative defense to prosecution of, or an action under Subchapter F for, the offense of operating a vehicle with a single axle weight or tandem axle weight heavier than the axle weight authorized by law that at the time of the offense the vehicle:
(1) had a single axle weight or tandem axle weight that was not heavier than the axle weight authorized by law plus 12 percent;
(2) was loaded with timber, pulp wood, wood chips, or cotton, livestock, or other agricultural products that are:
(A) in their natural state; and
(B) being transported from the place of production to the place of first marketing or first processing; and
(3) was not being operated on a portion of the national system of interstate and defense highways.
(b) It is an affirmative defense to prosecution of, or an action under Subchapter F for, the offense of operating a vehicle with a single axle weight, tandem axle weight, or gross weight heavier than the weight authorized by law that at the time of the offense the weight enforcement officer failed to follow the weighing procedures established under Section 621.402(e) when determining the weight of the vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 941, Sec. 28, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 715 (H.B. 1252), Sec. 2, eff. September 1, 2015.
Section: Previous 621.405 621.406 621.407 621.408 621.409 621.410 621.411 621.501 621.502 621.503 621.504 621.506 621.507 621.508 621.509 NextLast modified: September 28, 2016