8-1342. Civil penalty for overloading certain vehicles.
8-1342
8-1342. Civil penalty for overloading certain vehicles.
(a) No person shall, in return for any direct pecuniary benefit, while
under no duress, willfully and knowingly cause any vehicle
or combination of vehicles to be loaded with a gross weight exceeding the
limitation for the maximum gross weight of such a vehicle or combination
specified in article 19 of chapter 8 of Kansas Statutes Annotated, if at
the time and place of such loading there is available a stationary scale,
the accuracy of which is certified in accordance with law, together with
a duly designated attendant of such scale. The provisions of this section
shall not be deemed to create any civil negligence liability per se
for any person who overloads a vehicle or combination of vehicles.
(b) The commission of any act in violation of subsection (a) shall render
the violator liable to the state for the payment of a civil penalty, recoverable
in an individual action brought by the attorney general or county attorney
or district attorney, in a sum set by the court of not more than $500 for
each violation.
(c) Civil penalties sued for and recovered by the attorney general shall
be paid into the state treasury and credited to the general fund of the
state. Civil penalties and contempt penalties sued for and recovered by
the county attorney or district attorney shall be paid into the general
fund of the county where the proceedings are instigated.
History: L. 1981, ch. 46, § 7; July 1.