§ 27-35-202 — Penalties for overweight vehicles

(a) (1) Any operator found violating the provisions of this subchapter or any owner, principal, employer, lessor, lessee, agent, or officer of any firm or corporation who permits an operator to violate these provisions shall be guilty of a misdemeanor. (2) (A) Upon first conviction, an offender shall be punished by a fine of not more than one hundred dollars ($100). (B) For a second conviction within one (1) year, an offender shall be punished by a fine of not more than two hundred dollars ($200). (C) For a third conviction and each successive conviction within one (1) year, an offender shall be punished by a fine of not more than five hundred dollars ($500). (b) (1) If the weight of the vehicle and load exceeds the maximum as prescribed by this subchapter or the gross weight as provided by a special permit, the operator or any owner, principal, employer, lessor, lessee, agent, or officer of any firm or corporation who permits such an operator to exceed the weight load provided in this subchapter or as provided by a special permit shall pay in addition a penalty to be computed as follows: (A) Overweight one thousand pounds (1,000 lbs.) or less, a minimum penalty of ten dollars ($10.00) or a maximum penalty of twenty dollars ($20.00); (B) Overweight more than one thousand pounds (1,000 lbs.) and not more than two thousand pounds (2,000 lbs.), a minimum penalty of one cent (1¢) per pound of excess weight or a maximum penalty of three cents (3¢) per pound of excess weight; (C) Overweight more than two thousand pounds (2,000 lbs.) and not more than three thousand pounds (3,000 lbs.), a minimum penalty of two cents (2¢) per pound of excess weight or a maximum penalty of four cents (4¢) per pound of excess weight; (D) Overweight more than three thousand pounds (3,000 lbs.) and not more than four thousand pounds (4,000 lbs.), a minimum penalty of three cents (3¢) per pound of excess weight or a maximum penalty of five cents (5¢) per pound for each pound of excess weight; (E) Overweight more than four thousand pounds (4,000 lbs.) and not more than ten thousand pounds (10,000 lbs.), a minimum penalty of four cents (4¢) per pound of excess weight or a maximum penalty of six cents (6¢) per pound for each pound of excess weight; and (F) Overweight more than ten thousand pounds (10,000 lbs.): (i) A minimum penalty of eight cents (8¢) per pound of excess weight or a maximum penalty of ten cents (10¢) per pound of excess weight for the first offense during a calendar year; (ii) A minimum penalty of thirteen cents (13¢) per pound of excess weight or a maximum penalty of fifteen cents (15¢) per pound of excess weight for the second offense during a calendar year; and (iii) A minimum penalty of eighteen cents (18¢) per pound of excess weight or a maximum penalty of twenty cents (20¢) per pound of excess weight for the third and subsequent offense or offenses during a calendar year. (2) Where the operator of an overloaded truck is found to have willfully avoided being weighed at a weigh station in this state, the penalty shall be computed by doubling the otherwise appropriate penalty set out in subdivision (b)(1) of this section. (c) (1) All fines and penalties shall be collected as provided by law. (2) All penalties collected shall immediately be transmitted by the authority collecting them to the Treasurer of State. (3) It shall be mandatory and not within the discretion of the court to assess the penalty provided for. (d) When any vehicle is found to exceed any weight limitation imposed by this subchapter or the gross weight provided by special permit, the vehicle shall be stopped at a suitable place and remain standing until the overweight shall have been removed or an additional permit obtained as provided in this subchapter.

Legislative History

Acts 1955, No. 98, § 8; 1983, No. 685, § 4; A.S.A. 1947, § 75-819; Acts 1987 (2nd Ex. Sess.), No. 3, § 6; 1995, No. 851, § 4; 2005, No. 1934, § 21.