§ 28-1101 — Weight violations; civil penalty; classification; procedures; evidence

A. A person who violates section 28-1099, 28-1100 or 28-1102 is:

1. Subject to a civil penalty of any of the following:

(a) As prescribed in subsection B of this section.

(b) As prescribed in section 28-1102.

(c) Of $1 if the excess weight is one thousand pounds or less.

2. Guilty of a class 3 misdemeanor for a second violation of these sections within six months of the preceding judgment.

3. Guilty of a class 2 misdemeanor for a second conviction for a violation of these sections within one year of the preceding conviction pursuant to paragraph 2 of this subsection.

B. A court shall impose civil penalties as follows:

If the excess weight is: The minimum civil penalty is:

1,001 to 1,250 pounds $ 100.00

1,251 to 1,500 200.00

1,501 to 2,000 300.00

2,001 to 2,500 400.00

2,501 to 3,000 500.00

3,001 to 3,500 840.00

3,501 to 4,000 980.00

4,001 to 4,500 1120.00

4,501 to 4,750 1260.00

4,751 to 5,000 1400.00

5,001 and over 1400.00 plus an additional

$100 for each 1000 pounds

of excess weight

C. If an officer finds that a person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to shift the load, as reasonable under the circumstances, to comply with the axle weight limitation and notwithstanding section 28-1521 or this section:

1. If the driver does not comply with the request of the officer to shift the load, the driver is subject to a civil penalty.

2. If the driver complies with the axle weight limitation after shifting the load and the excess axle weight was two thousand five hundred pounds or less:

(a) The officer shall not cite the driver.

(b) The driver is not subject to a civil penalty for a violation of the axle weight limitation.

3. If the driver shifts the load but does not comply with the axle weight limitation or if the excess axle weight is more than two thousand five hundred pounds, the driver is subject to a civil penalty for a violation of the axle weight limitation.

D. If a person is arrested for violating section 28-1099 or 28-1100, the arresting officer may take the person immediately before a magistrate who is within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense. If the person is taken before a justice of the peace, the person shall be taken before the nearest or most accessible justice of the peace with reference to the place where the arrest is made.

E. The officer or court collecting or receiving a civil penalty, fee, fine or forfeiture for a violation of section 28-1099, 28-1100 or 28-1102 shall deposit, pursuant to sections 35-146 and 35-147, the amount in the Arizona highway user revenue fund. If a civil penalty, fee or fine is collected, $10 of the civil penalty, fee or fine is deductible as reimbursement of costs from the amount collected, unless the fee or fine is less than $10. The collecting official shall deposit the deducted monies with the city, town or county treasury of the city, town or county prosecuting or processing the violation.

F. A weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is in excess of the prescribed maximum weight limitation prescribed in section 28-1099 or 28-1100 is prima facie evidence that the weight of a vehicle and load is unlawful.

G. If the commodity being carried is sold by weight, a weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is not in excess of the prescribed maximum weight limitation permitted by section 28-1100 is prima facie evidence that the gross weight of a vehicle and load is lawful. The presumption that the weight of the vehicle and load is lawful may be rebutted by the weight of the vehicle and load as shown by means of the department's stationary scale or a public weighmaster scale.