State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1104

§ 46.2-1104. Reduction of limits by Commonwealth Transportation Commissionerand local authorities; penalties.

The Commonwealth Transportation Commissioner, acting through employees of theDepartment of Transportation, may prescribe the weight, width, height,length, or speed of any vehicle or combination of vehicles passing over anyhighway or section of highway or bridge constituting a part of theinterstate, primary, or secondary system of highways. Any limitations thusprescribed may be less than those prescribed in this title whenever anengineering study discloses that it would promote the safety of travel or isnecessary for the protection of any such highway.

If the reduction of limits as provided in this section is to be effective formore than 90 days, a written record of this reduction shall be kept on fileat the central office of the Department of Transportation. In instances wherethe limits, including speed limits, are to be temporarily reduced, therepresentative of the Department of Transportation in the county wherein suchhighway is located shall immediately notify the Chief Engineer for theDepartment of Transportation of such reduction. The Chief Engineer shalleither affirm or rescind the action of reducing such limits within five daysfrom the date the limits have been posted as hereinafter provided. A list ofall highways on which there has been a reduction of limits as herein providedshall be kept on file at the central office of the Department ofTransportation. Anyone aggrieved by such reduction of limits may appealdirectly to the Commonwealth Transportation Commissioner for redress, and ifhe affirms the action of reducing such limits, the CommonwealthTransportation Board shall afford any such aggrieved person the opportunityof being heard at its next regular meeting.

The local authorities of counties, cities, and towns, where the highways areunder their jurisdiction, may adopt regulations or pass ordinances decreasingthe weight limits prescribed in this title for a total period of no more than90 days in any calendar year, when an engineering study discloses thatoperation over such highways or streets by reason of deterioration, rain,snow, or other climatic conditions will seriously damage such highways unlesssuch weights are reduced.

In all instances where the limits for weight, size, or speed have beenreduced by the Commonwealth Transportation Commissioner or the weights havebeen reduced by local authorities pursuant to this section, signs stating theweight, height, width, length, or speed permitted on such highway shall beerected at each end of the section of highway affected and no such reducedlimits shall be effective until such signs have been posted.

It shall be unlawful to operate a vehicle or combination of vehicles on anypublic highway or section thereof when the weight, size, or speed thereofexceeds the maximum posted by authority of the Commonwealth TransportationCommissioner or local authorities pursuant to this section.

Any violation of any provision of this section shall constitute a Class 2misdemeanor. Furthermore, the vehicle or combination of vehicles involved insuch violation may be held upon an order of the court until all fines andcosts have been satisfied.

(Code 1950, §§ 46-340, 46-341; 1952, cc. 137, 237; 1958, c. 600, § 46.1-345;1966, c. 85; 1968, c. 218; 1989, c. 727; 2005, c. 645.)

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1104

§ 46.2-1104. Reduction of limits by Commonwealth Transportation Commissionerand local authorities; penalties.

The Commonwealth Transportation Commissioner, acting through employees of theDepartment of Transportation, may prescribe the weight, width, height,length, or speed of any vehicle or combination of vehicles passing over anyhighway or section of highway or bridge constituting a part of theinterstate, primary, or secondary system of highways. Any limitations thusprescribed may be less than those prescribed in this title whenever anengineering study discloses that it would promote the safety of travel or isnecessary for the protection of any such highway.

If the reduction of limits as provided in this section is to be effective formore than 90 days, a written record of this reduction shall be kept on fileat the central office of the Department of Transportation. In instances wherethe limits, including speed limits, are to be temporarily reduced, therepresentative of the Department of Transportation in the county wherein suchhighway is located shall immediately notify the Chief Engineer for theDepartment of Transportation of such reduction. The Chief Engineer shalleither affirm or rescind the action of reducing such limits within five daysfrom the date the limits have been posted as hereinafter provided. A list ofall highways on which there has been a reduction of limits as herein providedshall be kept on file at the central office of the Department ofTransportation. Anyone aggrieved by such reduction of limits may appealdirectly to the Commonwealth Transportation Commissioner for redress, and ifhe affirms the action of reducing such limits, the CommonwealthTransportation Board shall afford any such aggrieved person the opportunityof being heard at its next regular meeting.

The local authorities of counties, cities, and towns, where the highways areunder their jurisdiction, may adopt regulations or pass ordinances decreasingthe weight limits prescribed in this title for a total period of no more than90 days in any calendar year, when an engineering study discloses thatoperation over such highways or streets by reason of deterioration, rain,snow, or other climatic conditions will seriously damage such highways unlesssuch weights are reduced.

In all instances where the limits for weight, size, or speed have beenreduced by the Commonwealth Transportation Commissioner or the weights havebeen reduced by local authorities pursuant to this section, signs stating theweight, height, width, length, or speed permitted on such highway shall beerected at each end of the section of highway affected and no such reducedlimits shall be effective until such signs have been posted.

It shall be unlawful to operate a vehicle or combination of vehicles on anypublic highway or section thereof when the weight, size, or speed thereofexceeds the maximum posted by authority of the Commonwealth TransportationCommissioner or local authorities pursuant to this section.

Any violation of any provision of this section shall constitute a Class 2misdemeanor. Furthermore, the vehicle or combination of vehicles involved insuch violation may be held upon an order of the court until all fines andcosts have been satisfied.

(Code 1950, §§ 46-340, 46-341; 1952, cc. 137, 237; 1958, c. 600, § 46.1-345;1966, c. 85; 1968, c. 218; 1989, c. 727; 2005, c. 645.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-46-2 > Chapter-10 > 46-2-1104

§ 46.2-1104. Reduction of limits by Commonwealth Transportation Commissionerand local authorities; penalties.

The Commonwealth Transportation Commissioner, acting through employees of theDepartment of Transportation, may prescribe the weight, width, height,length, or speed of any vehicle or combination of vehicles passing over anyhighway or section of highway or bridge constituting a part of theinterstate, primary, or secondary system of highways. Any limitations thusprescribed may be less than those prescribed in this title whenever anengineering study discloses that it would promote the safety of travel or isnecessary for the protection of any such highway.

If the reduction of limits as provided in this section is to be effective formore than 90 days, a written record of this reduction shall be kept on fileat the central office of the Department of Transportation. In instances wherethe limits, including speed limits, are to be temporarily reduced, therepresentative of the Department of Transportation in the county wherein suchhighway is located shall immediately notify the Chief Engineer for theDepartment of Transportation of such reduction. The Chief Engineer shalleither affirm or rescind the action of reducing such limits within five daysfrom the date the limits have been posted as hereinafter provided. A list ofall highways on which there has been a reduction of limits as herein providedshall be kept on file at the central office of the Department ofTransportation. Anyone aggrieved by such reduction of limits may appealdirectly to the Commonwealth Transportation Commissioner for redress, and ifhe affirms the action of reducing such limits, the CommonwealthTransportation Board shall afford any such aggrieved person the opportunityof being heard at its next regular meeting.

The local authorities of counties, cities, and towns, where the highways areunder their jurisdiction, may adopt regulations or pass ordinances decreasingthe weight limits prescribed in this title for a total period of no more than90 days in any calendar year, when an engineering study discloses thatoperation over such highways or streets by reason of deterioration, rain,snow, or other climatic conditions will seriously damage such highways unlesssuch weights are reduced.

In all instances where the limits for weight, size, or speed have beenreduced by the Commonwealth Transportation Commissioner or the weights havebeen reduced by local authorities pursuant to this section, signs stating theweight, height, width, length, or speed permitted on such highway shall beerected at each end of the section of highway affected and no such reducedlimits shall be effective until such signs have been posted.

It shall be unlawful to operate a vehicle or combination of vehicles on anypublic highway or section thereof when the weight, size, or speed thereofexceeds the maximum posted by authority of the Commonwealth TransportationCommissioner or local authorities pursuant to this section.

Any violation of any provision of this section shall constitute a Class 2misdemeanor. Furthermore, the vehicle or combination of vehicles involved insuch violation may be held upon an order of the court until all fines andcosts have been satisfied.

(Code 1950, §§ 46-340, 46-341; 1952, cc. 137, 237; 1958, c. 600, § 46.1-345;1966, c. 85; 1968, c. 218; 1989, c. 727; 2005, c. 645.)