§ 46.2-1133. Special processing provisions for overweight violations.
Notwithstanding any other provision of law, all violations of any weightlimit as provided in this article or any permit issued by either theDepartment or its designee or by local authorities pursuant to this chaptershall be processed in the following manner:
1. The officer charging the violation shall serve a citation on the operatorof the overweight vehicle. The citation shall be directed to the owner,operator, or other person responsible for the overweight violation asdetermined by the officer. Service of the citation on the vehicle operatorshall constitute service of process upon the owner, operator, or other personcharged with the weight violation as provided in § 46.2-1136.
2. The officer charging the violation shall cause the citation to bedelivered or mailed by first-class mail to the Department within 24 hoursafter it is served.
3. The owner, operator, or other person charged with the weight violationshall, within 21 days after the citation is served upon the vehicle operator,either make full payment to the Department of the civil penalty, liquidateddamages, weighing fee, and processing fee as stated on the citation, ordeliver to the Department a written notice of his election to contest theoverweight charge in court.
4. Failure of the owner, operator, or other person charged with the weightviolation to timely deliver to the Department either payment in full of theuncontested civil penalty, liquidated damages, weighing fee, and processingfee or a notice of contest of the weight violation shall cause the Departmentto issue an administrative order of assessment against such person. A copy ofthe order shall be sent by first-class mail to the person charged with theweight violation. Any such administrative order shall have the same effect asa judgment for liquidated damages entered by a general district court.
5. Upon timely receipt of a notice of contest of an overweight charge, theDepartment shall:
a. Forward the citation to the general district court named in the citation,and
b. Send by first-class mail to the person charged with the weight violation,and to the officer who issued the citation, confirmation that the citationhas been forwarded to the court for trial.
6. Notices and pleadings may be served by first-class mail sent to theaddress shown on the citation as the address of the person charged with theweight violation or, if none is shown, to the address of record for theperson to whom the vehicle is registered.
7. An alleged weight violation which is contested shall be tried as a civilcase. The attorney for the Commonwealth shall represent the interests of theCommonwealth. The disposition of the case shall be recorded in an appropriateorder, a copy of which shall be sent to the Department in lieu of any recordwhich may be otherwise required by § 46.2-383. If judgment is for theCommonwealth, payment shall be made to the Department.
(1986, c. 588, § 46.1-341.02; 1987, c. 372; 1989, c. 727; 2003, c. 314.)
§ 46.2-1133. Special processing provisions for overweight violations.
Notwithstanding any other provision of law, all violations of any weightlimit as provided in this article or any permit issued by either theDepartment or its designee or by local authorities pursuant to this chaptershall be processed in the following manner:
1. The officer charging the violation shall serve a citation on the operatorof the overweight vehicle. The citation shall be directed to the owner,operator, or other person responsible for the overweight violation asdetermined by the officer. Service of the citation on the vehicle operatorshall constitute service of process upon the owner, operator, or other personcharged with the weight violation as provided in § 46.2-1136.
2. The officer charging the violation shall cause the citation to bedelivered or mailed by first-class mail to the Department within 24 hoursafter it is served.
3. The owner, operator, or other person charged with the weight violationshall, within 21 days after the citation is served upon the vehicle operator,either make full payment to the Department of the civil penalty, liquidateddamages, weighing fee, and processing fee as stated on the citation, ordeliver to the Department a written notice of his election to contest theoverweight charge in court.
4. Failure of the owner, operator, or other person charged with the weightviolation to timely deliver to the Department either payment in full of theuncontested civil penalty, liquidated damages, weighing fee, and processingfee or a notice of contest of the weight violation shall cause the Departmentto issue an administrative order of assessment against such person. A copy ofthe order shall be sent by first-class mail to the person charged with theweight violation. Any such administrative order shall have the same effect asa judgment for liquidated damages entered by a general district court.
5. Upon timely receipt of a notice of contest of an overweight charge, theDepartment shall:
a. Forward the citation to the general district court named in the citation,and
b. Send by first-class mail to the person charged with the weight violation,and to the officer who issued the citation, confirmation that the citationhas been forwarded to the court for trial.
6. Notices and pleadings may be served by first-class mail sent to theaddress shown on the citation as the address of the person charged with theweight violation or, if none is shown, to the address of record for theperson to whom the vehicle is registered.
7. An alleged weight violation which is contested shall be tried as a civilcase. The attorney for the Commonwealth shall represent the interests of theCommonwealth. The disposition of the case shall be recorded in an appropriateorder, a copy of which shall be sent to the Department in lieu of any recordwhich may be otherwise required by § 46.2-383. If judgment is for theCommonwealth, payment shall be made to the Department.
(1986, c. 588, § 46.1-341.02; 1987, c. 372; 1989, c. 727; 2003, c. 314.)
§ 46.2-1133. Special processing provisions for overweight violations.
Notwithstanding any other provision of law, all violations of any weightlimit as provided in this article or any permit issued by either theDepartment or its designee or by local authorities pursuant to this chaptershall be processed in the following manner:
1. The officer charging the violation shall serve a citation on the operatorof the overweight vehicle. The citation shall be directed to the owner,operator, or other person responsible for the overweight violation asdetermined by the officer. Service of the citation on the vehicle operatorshall constitute service of process upon the owner, operator, or other personcharged with the weight violation as provided in § 46.2-1136.
2. The officer charging the violation shall cause the citation to bedelivered or mailed by first-class mail to the Department within 24 hoursafter it is served.
3. The owner, operator, or other person charged with the weight violationshall, within 21 days after the citation is served upon the vehicle operator,either make full payment to the Department of the civil penalty, liquidateddamages, weighing fee, and processing fee as stated on the citation, ordeliver to the Department a written notice of his election to contest theoverweight charge in court.
4. Failure of the owner, operator, or other person charged with the weightviolation to timely deliver to the Department either payment in full of theuncontested civil penalty, liquidated damages, weighing fee, and processingfee or a notice of contest of the weight violation shall cause the Departmentto issue an administrative order of assessment against such person. A copy ofthe order shall be sent by first-class mail to the person charged with theweight violation. Any such administrative order shall have the same effect asa judgment for liquidated damages entered by a general district court.
5. Upon timely receipt of a notice of contest of an overweight charge, theDepartment shall:
a. Forward the citation to the general district court named in the citation,and
b. Send by first-class mail to the person charged with the weight violation,and to the officer who issued the citation, confirmation that the citationhas been forwarded to the court for trial.
6. Notices and pleadings may be served by first-class mail sent to theaddress shown on the citation as the address of the person charged with theweight violation or, if none is shown, to the address of record for theperson to whom the vehicle is registered.
7. An alleged weight violation which is contested shall be tried as a civilcase. The attorney for the Commonwealth shall represent the interests of theCommonwealth. The disposition of the case shall be recorded in an appropriateorder, a copy of which shall be sent to the Department in lieu of any recordwhich may be otherwise required by § 46.2-383. If judgment is for theCommonwealth, payment shall be made to the Department.
(1986, c. 588, § 46.1-341.02; 1987, c. 372; 1989, c. 727; 2003, c. 314.)
