§291-39  Enforcement.  (a)  For
the purpose of the enforcement of sections 291-33 to 291-36, the powers of
police officers are conferred upon the director of transportation and any motor
carrier safety officer.  Every police officer and motor carrier safety officer
shall enforce compliance with sections 291-33 to 291-36, with the technical
assistance of the department of transportation.  In the enforcement of sections
291-34 to 291-36 such officers may require the driver of a vehicle to stop and
submit to:



(1)  The measurement of the dimensions of the vehicle
and load;



(2)  The examination of the certificate of weight; and



(3)  The weighing of vehicles and load by means of
either wheel load weighers, axle load scales, or vehicle scales, if such scales
are within two miles of the place where the vehicle is stopped.



(b)  The department of transportation is
authorized to provide the necessary technical assistance to police officers and
motor carrier safety officers to determine compliance or noncompliance with
sections 291-34 to 291-36.  Whenever the department of transportation
determines that the size or weight of a vehicle does not comply with sections
291-34 to 291-36, the police officers or motor carrier safety officers may
require the driver to move the vehicle to a suitable place and to remain there
until the vehicle and load are brought into compliance with the limits
prescribed by this chapter.  If any of the load must be removed from the
vehicle in order to comply with sections 291-34 to 291-36, the removal and all
risks caused by or resulting from the removal shall be the responsibility of
the owner or operator of the vehicle.



(c)  Notwithstanding any other provisions of
this chapter, no enforcing officer shall issue a citation for violation of
section 291-35 unless:



(1)  The violator exceeds the applicable maximum
weight by more than five per cent when a portable axle scale is used; or



(2)  The violator exceeds the applicable maximum
weight by more than two per cent when a permanently installed axle load scale
is used.



This subsection shall not apply to interstate
highways.



(d)  Police officers and motor carrier safety
officers shall issue citations to any person violating sections 291-33 to
291-36, except as specified in subsection (c).



(e)  The driver of any vehicle who fails or
refuses to stop and submit the vehicle and load to measuring or weighing when
directed by a police officer or motor carrier safety officer or who fails or
refuses to otherwise comply with this section, shall be fined as provided in
section 291-37. [L 1977, c 184, §4; am L 1980, c 281, §4; am L 1983, c 188, §2;
am L 1992, c 179, §2]