§291-39  Enforcement.  (a)  Forthe purpose of the enforcement of sections 291-33 to 291-36, the powers ofpolice officers are conferred upon the director of transportation and any motorcarrier safety officer.  Every police officer and motor carrier safety officershall enforce compliance with sections 291-33 to 291-36, with the technicalassistance of the department of transportation.  In the enforcement of sections291-34 to 291-36 such officers may require the driver of a vehicle to stop andsubmit to:

(1)  The measurement of the dimensions of the vehicleand load;

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

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

(b)  The department of transportation isauthorized to provide the necessary technical assistance to police officers andmotor carrier safety officers to determine compliance or noncompliance withsections 291-34 to 291-36.  Whenever the department of transportationdetermines that the size or weight of a vehicle does not comply with sections291-34 to 291-36, the police officers or motor carrier safety officers mayrequire the driver to move the vehicle to a suitable place and to remain thereuntil the vehicle and load are brought into compliance with the limitsprescribed by this chapter.  If any of the load must be removed from thevehicle in order to comply with sections 291-34 to 291-36, the removal and allrisks caused by or resulting from the removal shall be the responsibility ofthe owner or operator of the vehicle.

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

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

(2)  The violator exceeds the applicable maximumweight by more than two per cent when a permanently installed axle load scaleis used.

This subsection shall not apply to interstatehighways.

(d)  Police officers and motor carrier safetyofficers shall issue citations to any person violating sections 291-33 to291-36, except as specified in subsection (c).

(e)  The driver of any vehicle who fails orrefuses to stop and submit the vehicle and load to measuring or weighing whendirected by a police officer or motor carrier safety officer or who fails orrefuses to otherwise comply with this section, shall be fined as provided insection 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]