§ 46.2-1135 — (Contingent expiration date -- see note*) Liquidated damages for violation of weight limits

Virginia § 46.2-1135

• Jurisdiction: Virginia
• Title 46.2: MOTOR VEHICLES
• Subtitle III: OPERATION
• Ch. 10: MOTOR VEHICLE AND EQUIPMENT SAFETY
• Art. 17: MAXIMUM VEHICLE WEIGHTS

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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:aExcess weight over the prescribed or permitted axle weight limitsAssessed amount per poundExcess weight over the prescribed gross weight limitAssessed amount per poundb2,000 pounds or less1¢ per pound2,000 pounds or less1¢ per poundc2,001 to 4,000 pounds3¢ per pound2,001 to 4,000 pounds3¢ per poundd4,001 to 8,000 pounds12¢ per pound4,001 to 8,000 pounds7¢ per pounde8,001 to 12,000 pounds22¢ per pound8,001 to 12,000 pounds12¢ per poundf12,001 pounds or more35¢ per pound12,001 pounds or more20¢ per poundAll 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:aExcess weight over the prescribed or permitted axle weight limitsAssessed amount per poundExcess weight over the prescribed gross weight limitAssessed amount per poundb4,000 pounds or less1¢ per pound4,000 pounds or less1¢ per poundc4,001 to 8,000 pounds10¢ per pound4,001 to 8,000 pounds5¢ per poundd8,001 to 12,000 pounds20¢ per pound8,001 to 12,000 pounds10¢ per pounde12,001 pounds or more30¢ per pound12,001 pounds or more15¢ per poundCode 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.