§ 46.2-1134. Special overweight seizure provisions; penalty.
Any officer authorized to serve process or weigh vehicles under theprovisions of this chapter may hold an overweight vehicle without anattachment summons or court order, but only for such time as is reasonablynecessary to promptly petition for an attachment summons to attach thevehicle.
After finding reasonable cause for the issuance of an attachment summons, thejudicial officer conducting the hearing shall inform the operator of thevehicle of his option to either pay the liquidated damages, civil penalty,weighing fee, and processing fee, or contest the charge through theattachment proceeding. If the operator chooses to make payment, he shall doso to the judicial officer who shall transmit the citation, liquidateddamages, civil penalty, weighing fee, and processing fee to the Departmentfor distribution in accordance with § 46.2-1131.
The Commonwealth shall not be required to post bond in order to attach avehicle pursuant to this section. The officer authorized to hold theoverweight vehicle pending a hearing on the attachment petition shall also beempowered to execute the attachment summons if issued. Any bond for theretention of the vehicle or for release of the attachment shall be given inaccordance with § 8.01-553 except that the bond shall be taken by a judicialofficer. The judicial officer shall return the bond to the clerk of theappropriate court in place of the officer serving the attachment as otherwiseprovided in § 8.01-554.
In the event the civil penalty, liquidated damages, weighing fee, andprocessing fee are not paid in full, or no bond is given by or for the personcharged with the weight violation, the vehicle involved in the weightviolation shall be stored in a secure place, as may be designated by theowner or operator of the vehicle. If no place is designated, the officerexecuting the attachment summons shall designate the place of storage. Theowner or operator shall be afforded the right of unloading and removing thecargo from the vehicle. The risk and cost of the storage shall be borne bythe owner or operator of the vehicle.
Whenever an attachment summons is issued for a weight violation, the courtshall forward to the Department both a copy of the order disposing of thecase and the weight violation citation prepared by the officer but not served.
Upon notification of the judgment or administrative order entered for suchweight violation and notification of the failure of such person to satisfythe judgment or order, the Department or the Department of State Police orany law-enforcement officer shall thereafter deny the offending person theright to operate a motor vehicle or vehicles upon the highways of theCommonwealth until the judgment or order has been satisfied.
When informed that the right to operate the motor vehicle has been denied,the driver shall drive the motor vehicle to a nearby location off the publichighways and not move it or permit it to be moved until such judgment ororder has been satisfied. Failure by the driver to comply with this provisionshall constitute a Class 4 misdemeanor.
All costs incurred by the Commonwealth and all judgments, if any, against theCommonwealth due to action taken pursuant to this section shall be paid fromthe fund into which liquidated damages are paid.
Police officers of the Department of State Police and all otherlaw-enforcement officers are vested with the same powers with respect to theenforcement of this chapter as they have with respect to the enforcement ofthe criminal laws of the Commonwealth.
(1986, c. 588, § 46.1-341.03; 1987, c. 372; 1989, c. 727.)
§ 46.2-1134. Special overweight seizure provisions; penalty.
Any officer authorized to serve process or weigh vehicles under theprovisions of this chapter may hold an overweight vehicle without anattachment summons or court order, but only for such time as is reasonablynecessary to promptly petition for an attachment summons to attach thevehicle.
After finding reasonable cause for the issuance of an attachment summons, thejudicial officer conducting the hearing shall inform the operator of thevehicle of his option to either pay the liquidated damages, civil penalty,weighing fee, and processing fee, or contest the charge through theattachment proceeding. If the operator chooses to make payment, he shall doso to the judicial officer who shall transmit the citation, liquidateddamages, civil penalty, weighing fee, and processing fee to the Departmentfor distribution in accordance with § 46.2-1131.
The Commonwealth shall not be required to post bond in order to attach avehicle pursuant to this section. The officer authorized to hold theoverweight vehicle pending a hearing on the attachment petition shall also beempowered to execute the attachment summons if issued. Any bond for theretention of the vehicle or for release of the attachment shall be given inaccordance with § 8.01-553 except that the bond shall be taken by a judicialofficer. The judicial officer shall return the bond to the clerk of theappropriate court in place of the officer serving the attachment as otherwiseprovided in § 8.01-554.
In the event the civil penalty, liquidated damages, weighing fee, andprocessing fee are not paid in full, or no bond is given by or for the personcharged with the weight violation, the vehicle involved in the weightviolation shall be stored in a secure place, as may be designated by theowner or operator of the vehicle. If no place is designated, the officerexecuting the attachment summons shall designate the place of storage. Theowner or operator shall be afforded the right of unloading and removing thecargo from the vehicle. The risk and cost of the storage shall be borne bythe owner or operator of the vehicle.
Whenever an attachment summons is issued for a weight violation, the courtshall forward to the Department both a copy of the order disposing of thecase and the weight violation citation prepared by the officer but not served.
Upon notification of the judgment or administrative order entered for suchweight violation and notification of the failure of such person to satisfythe judgment or order, the Department or the Department of State Police orany law-enforcement officer shall thereafter deny the offending person theright to operate a motor vehicle or vehicles upon the highways of theCommonwealth until the judgment or order has been satisfied.
When informed that the right to operate the motor vehicle has been denied,the driver shall drive the motor vehicle to a nearby location off the publichighways and not move it or permit it to be moved until such judgment ororder has been satisfied. Failure by the driver to comply with this provisionshall constitute a Class 4 misdemeanor.
All costs incurred by the Commonwealth and all judgments, if any, against theCommonwealth due to action taken pursuant to this section shall be paid fromthe fund into which liquidated damages are paid.
Police officers of the Department of State Police and all otherlaw-enforcement officers are vested with the same powers with respect to theenforcement of this chapter as they have with respect to the enforcement ofthe criminal laws of the Commonwealth.
(1986, c. 588, § 46.1-341.03; 1987, c. 372; 1989, c. 727.)
§ 46.2-1134. Special overweight seizure provisions; penalty.
Any officer authorized to serve process or weigh vehicles under theprovisions of this chapter may hold an overweight vehicle without anattachment summons or court order, but only for such time as is reasonablynecessary to promptly petition for an attachment summons to attach thevehicle.
After finding reasonable cause for the issuance of an attachment summons, thejudicial officer conducting the hearing shall inform the operator of thevehicle of his option to either pay the liquidated damages, civil penalty,weighing fee, and processing fee, or contest the charge through theattachment proceeding. If the operator chooses to make payment, he shall doso to the judicial officer who shall transmit the citation, liquidateddamages, civil penalty, weighing fee, and processing fee to the Departmentfor distribution in accordance with § 46.2-1131.
The Commonwealth shall not be required to post bond in order to attach avehicle pursuant to this section. The officer authorized to hold theoverweight vehicle pending a hearing on the attachment petition shall also beempowered to execute the attachment summons if issued. Any bond for theretention of the vehicle or for release of the attachment shall be given inaccordance with § 8.01-553 except that the bond shall be taken by a judicialofficer. The judicial officer shall return the bond to the clerk of theappropriate court in place of the officer serving the attachment as otherwiseprovided in § 8.01-554.
In the event the civil penalty, liquidated damages, weighing fee, andprocessing fee are not paid in full, or no bond is given by or for the personcharged with the weight violation, the vehicle involved in the weightviolation shall be stored in a secure place, as may be designated by theowner or operator of the vehicle. If no place is designated, the officerexecuting the attachment summons shall designate the place of storage. Theowner or operator shall be afforded the right of unloading and removing thecargo from the vehicle. The risk and cost of the storage shall be borne bythe owner or operator of the vehicle.
Whenever an attachment summons is issued for a weight violation, the courtshall forward to the Department both a copy of the order disposing of thecase and the weight violation citation prepared by the officer but not served.
Upon notification of the judgment or administrative order entered for suchweight violation and notification of the failure of such person to satisfythe judgment or order, the Department or the Department of State Police orany law-enforcement officer shall thereafter deny the offending person theright to operate a motor vehicle or vehicles upon the highways of theCommonwealth until the judgment or order has been satisfied.
When informed that the right to operate the motor vehicle has been denied,the driver shall drive the motor vehicle to a nearby location off the publichighways and not move it or permit it to be moved until such judgment ororder has been satisfied. Failure by the driver to comply with this provisionshall constitute a Class 4 misdemeanor.
All costs incurred by the Commonwealth and all judgments, if any, against theCommonwealth due to action taken pursuant to this section shall be paid fromthe fund into which liquidated damages are paid.
Police officers of the Department of State Police and all otherlaw-enforcement officers are vested with the same powers with respect to theenforcement of this chapter as they have with respect to the enforcement ofthe criminal laws of the Commonwealth.
(1986, c. 588, § 46.1-341.03; 1987, c. 372; 1989, c. 727.)
