§ 46.2-1135. (Contingent expiration date - see Editor's notes) Liquidated damages for violation of weight limit...
A. Any person violating any weight limit as provided in this chapter or in any permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of this chapter by the Department or its designee or by local authorities pursuant to this chapter shall be assessed liquidated damages. The amount of those damages shall be:
Excess weight over Assessed Excess weight over Assessed
the prescribed amount per the prescribed amount per
or permitted pound gross weight pound
axle weight limit
limits
2,000 pounds or less 1› per pound 2,000 pounds or less 1› per pound
2,001 to 4,000 pounds 3› per pound 2,001 to 4,000 pounds 3› per pound
4,001 to 8,000 pounds 12› per pound 4,001 to 8,000 pounds 7› per pound
8,001 to 12,000 pounds 22› per pound 8,001 to 12,000 pounds 12› per
pound
12,001 pounds or more 35› per pound 12,001 pounds or more 20› per pound
All gross permit violations shall be assessed $.20 per pound over the permitted weight limit.
In addition to all damages assessed herein, for every violation of any weight limit as provided in this chapter or in any permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of this chapter, there shall be assessed additional liquidated damages of $20.
If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 1,500 pounds, the general district court may waive the liquidated damages against such person. Except as provided by § 46.2-1138, such assessment shall be entered by the court or by the Department as a judgment for the Commonwealth, the entry of which shall constitute a lien upon the overweight vehicle. Except as provided by § 46.2-1138, such sums shall be paid to the Department or collected by the attorney for the Commonwealth and forwarded to the State Treasurer and allocated to the fund appropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25 percent but no more than 50 percent, the amount of the liquidated damages shall be two times the amount provided for in the foregoing provisions of this section; if the gross weight of the vehicle exceeds lawful limits by more than 50 percent, the amount of the liquidated damages shall be three times the amount provided for in the foregoing provisions of this section. The provisions of this subsection shall not apply to pickup or panel trucks.
C. The increases in the liquidated damages under subsection A pursuant to enactments of the 2007 Session of the General Assembly shall not be applicable to any motor vehicle hauling forest or farm products from the place where such products are first produced, cut, harvested, or felled to the location where they are first processed. The amount of liquidated damages assessed against such motor vehicles shall be:
Excess weight over Assessed Excess weight over Assessed
the prescribed amount per the prescribed amount per
or permitted pound gross weight pound
axle weight limit
limits
4,000 pounds or less 1› per pound 4,000 pounds or less 1› per pound
4,001 to 8,000 pounds 10› per pound 4,001 to 8,000 pounds 5› per pound
8,001 to 12,000 pounds 20› per pound 8,001 to 12,000 pounds 10› per
pound
12,001 pounds or more 30› per pound 12,001 pounds or more 15› per pound
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968, c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372; 1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314; 2007, c. 896.)
§ 46.2-1135. (Contingent effective date - see Editor's notes) Liquidated damages for violation of weight limits.
A. Any person violating any weight limit as provided in this chapter or in any permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of this chapter by the Department or its designee or by local authorities pursuant to this chapter shall be assessed liquidated damages. The amount of those damages shall be:
Excess weight over Assessed Excess weight over Assessed
the prescribed amount per the prescribed amount per
or permitted pound gross weight pound
axle weight limit
limits
4,000 pounds or less 1› per pound 4,000 pounds or less 1› per pound
4,001 to 8,000 pounds 10› per pound 4,001 to 8,000 pounds 5› per pound
8,001 to 12,000 pounds 20› per pound 8,001 to 12,000 pounds 10› per
pound
12,001 pounds or more 30› per pound 12,001 pounds or more 15› per pound
All gross permit violations shall be assessed $.20 per pound over the permitted weight limit.
If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 2,500 pounds, the general district court may waive the liquidated damages against such person. Except as provided by § 46.2-1138, such assessment shall be entered by the court or by the Department as a judgment for the Commonwealth, the entry of which shall constitute a lien upon the overweight vehicle. Except as provided by § 46.2-1138, such sums shall be paid to the Department or collected by the attorney for the Commonwealth and forwarded to the State Treasurer and allocated to the fund appropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25 percent but no more than 50 percent, the amount of the liquidated damages shall be two times the amount provided for in the foregoing provisions of this section; if the gross weight of the vehicle exceeds lawful limits by more than 50 percent, the amount of the liquidated damages shall be three times the amount provided for in the foregoing provisions of this section. The provisions of this subsection shall not apply to pickup or panel trucks.
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968, c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372; 1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314.)
Sections: Previous 46.2-1129 46.2-1130 46.2-1130.1 46.2-1131 46.2-1132 46.2-1133 46.2-1134 46.2-1135 46.2-1136 46.2-1137 46.2-1138 46.2-1138.1 46.2-1138.2 46.2-1139 46.2-1139.1 NextLast modified: April 16, 2009