§ 46.2-1135. (Contingent expiration date - see Editor's notes) Liquidateddamages for violation of weight limits.
A. Any person violating any weight limit as provided in this chapter or inany permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of thischapter by the Department or its designee or by local authorities pursuant tothis chapter shall be assessed liquidated damages. The amount of thosedamages shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 2,000 pounds or less 1 per pound 2,000 pounds or less 1 per pound 2,001 to 4,000 pounds 3 per pound 2,001 to 4,000 pounds 3 per pound 4,001 to 8,000 pounds 12 per pound 4,001 to 8,000 pounds 7 per pound 8,001 to 12,000 pounds 22 per pound 8,001 to 12,000 pounds 12 per pound 12,001 pounds or more 35 per pound 12,001 pounds or more 20 per pound
All gross permit violations shall be assessed $.20 per pound over thepermitted weight limit.
In addition to all damages assessed herein, for every violation of any weightlimit as provided in this chapter or in any permit issued pursuant to Article18 (§ 46.2-1139 et seq.) of this chapter, there shall be assessed additionalliquidated damages of $20.
If a person has no prior violations under the motor vehicle weight laws, andthe excess weight does not exceed 1,500 pounds, the general district courtmay waive the liquidated damages against such person. Except as provided by §46.2-1138, such assessment shall be entered by the court or by the Departmentas a judgment for the Commonwealth, the entry of which shall constitute alien upon the overweight vehicle. Except as provided by § 46.2-1138, suchsums shall be paid to the Department or collected by the attorney for theCommonwealth and forwarded to the State Treasurer and allocated to the fundappropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25percent but no more than 50 percent, the amount of the liquidated damagesshall be two times the amount provided for in the foregoing provisions ofthis section; if the gross weight of the vehicle exceeds lawful limits bymore than 50 percent, the amount of the liquidated damages shall be threetimes the amount provided for in the foregoing provisions of this section.The provisions of this subsection shall not apply to pickup or panel trucks.
C. The increases in the liquidated damages under subsection A pursuant toenactments of the 2007 Session of the General Assembly shall not beapplicable to any motor vehicle hauling forest or farm products from theplace where such products are first produced, cut, harvested, or felled tothe location where they are first processed. The amount of liquidated damagesassessed against such motor vehicles shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 4,000 pounds or less 1 per pound 4,000 pounds or less 1 per pound 4,001 to 8,000 pounds 10 per pound 4,001 to 8,000 pounds 5 per pound 8,001 to 12,000 pounds 20 per pound 8,001 to 12,000 pounds 10 per pound 12,001 pounds or more 30 per pound 12,001 pounds or more 15 per pound
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968,c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372;1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314;2007, c. 896.)
§ 46.2-1135. (Contingent effective date - see Editor's notes) Liquidateddamages for violation of weight limits.
A. Any person violating any weight limit as provided in this chapter or inany permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of thischapter by the Department or its designee or by local authorities pursuant tothis chapter shall be assessed liquidated damages. The amount of thosedamages shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 4,000 pounds or less 1 per pound 4,000 pounds or less 1 per pound 4,001 to 8,000 pounds 10 per pound 4,001 to 8,000 pounds 5 per pound 8,001 to 12,000 pounds 20 per pound 8,001 to 12,000 pounds 10 per pound 12,001 pounds or more 30 per pound 12,001 pounds or more 15 per pound
All gross permit violations shall be assessed $.20 per pound over thepermitted weight limit.
If a person has no prior violations under the motor vehicle weight laws, andthe excess weight does not exceed 2,500 pounds, the general district courtmay waive the liquidated damages against such person. Except as provided by §46.2-1138, such assessment shall be entered by the court or by the Departmentas a judgment for the Commonwealth, the entry of which shall constitute alien upon the overweight vehicle. Except as provided by § 46.2-1138, suchsums shall be paid to the Department or collected by the attorney for theCommonwealth and forwarded to the State Treasurer and allocated to the fundappropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25percent but no more than 50 percent, the amount of the liquidated damagesshall be two times the amount provided for in the foregoing provisions ofthis section; if the gross weight of the vehicle exceeds lawful limits bymore than 50 percent, the amount of the liquidated damages shall be threetimes the amount provided for in the foregoing provisions of this section.The provisions of this subsection shall not apply to pickup or panel trucks.
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968,c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372;1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314.)
§ 46.2-1135. (Contingent expiration date - see Editor's notes) Liquidateddamages for violation of weight limits.
A. Any person violating any weight limit as provided in this chapter or inany permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of thischapter by the Department or its designee or by local authorities pursuant tothis chapter shall be assessed liquidated damages. The amount of thosedamages shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 2,000 pounds or less 1 per pound 2,000 pounds or less 1 per pound 2,001 to 4,000 pounds 3 per pound 2,001 to 4,000 pounds 3 per pound 4,001 to 8,000 pounds 12 per pound 4,001 to 8,000 pounds 7 per pound 8,001 to 12,000 pounds 22 per pound 8,001 to 12,000 pounds 12 per pound 12,001 pounds or more 35 per pound 12,001 pounds or more 20 per pound
All gross permit violations shall be assessed $.20 per pound over thepermitted weight limit.
In addition to all damages assessed herein, for every violation of any weightlimit as provided in this chapter or in any permit issued pursuant to Article18 (§ 46.2-1139 et seq.) of this chapter, there shall be assessed additionalliquidated damages of $20.
If a person has no prior violations under the motor vehicle weight laws, andthe excess weight does not exceed 1,500 pounds, the general district courtmay waive the liquidated damages against such person. Except as provided by §46.2-1138, such assessment shall be entered by the court or by the Departmentas a judgment for the Commonwealth, the entry of which shall constitute alien upon the overweight vehicle. Except as provided by § 46.2-1138, suchsums shall be paid to the Department or collected by the attorney for theCommonwealth and forwarded to the State Treasurer and allocated to the fundappropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25percent but no more than 50 percent, the amount of the liquidated damagesshall be two times the amount provided for in the foregoing provisions ofthis section; if the gross weight of the vehicle exceeds lawful limits bymore than 50 percent, the amount of the liquidated damages shall be threetimes the amount provided for in the foregoing provisions of this section.The provisions of this subsection shall not apply to pickup or panel trucks.
C. The increases in the liquidated damages under subsection A pursuant toenactments of the 2007 Session of the General Assembly shall not beapplicable to any motor vehicle hauling forest or farm products from theplace where such products are first produced, cut, harvested, or felled tothe location where they are first processed. The amount of liquidated damagesassessed against such motor vehicles shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 4,000 pounds or less 1 per pound 4,000 pounds or less 1 per pound 4,001 to 8,000 pounds 10 per pound 4,001 to 8,000 pounds 5 per pound 8,001 to 12,000 pounds 20 per pound 8,001 to 12,000 pounds 10 per pound 12,001 pounds or more 30 per pound 12,001 pounds or more 15 per pound
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968,c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372;1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314;2007, c. 896.)
§ 46.2-1135. (Contingent effective date - see Editor's notes) Liquidateddamages for violation of weight limits.
A. Any person violating any weight limit as provided in this chapter or inany permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of thischapter by the Department or its designee or by local authorities pursuant tothis chapter shall be assessed liquidated damages. The amount of thosedamages shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 4,000 pounds or less 1 per pound 4,000 pounds or less 1 per pound 4,001 to 8,000 pounds 10 per pound 4,001 to 8,000 pounds 5 per pound 8,001 to 12,000 pounds 20 per pound 8,001 to 12,000 pounds 10 per pound 12,001 pounds or more 30 per pound 12,001 pounds or more 15 per pound
All gross permit violations shall be assessed $.20 per pound over thepermitted weight limit.
If a person has no prior violations under the motor vehicle weight laws, andthe excess weight does not exceed 2,500 pounds, the general district courtmay waive the liquidated damages against such person. Except as provided by §46.2-1138, such assessment shall be entered by the court or by the Departmentas a judgment for the Commonwealth, the entry of which shall constitute alien upon the overweight vehicle. Except as provided by § 46.2-1138, suchsums shall be paid to the Department or collected by the attorney for theCommonwealth and forwarded to the State Treasurer and allocated to the fundappropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25percent but no more than 50 percent, the amount of the liquidated damagesshall be two times the amount provided for in the foregoing provisions ofthis section; if the gross weight of the vehicle exceeds lawful limits bymore than 50 percent, the amount of the liquidated damages shall be threetimes the amount provided for in the foregoing provisions of this section.The provisions of this subsection shall not apply to pickup or panel trucks.
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968,c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372;1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314.)
§ 46.2-1135. (Contingent expiration date - see Editor's notes) Liquidateddamages for violation of weight limits.
A. Any person violating any weight limit as provided in this chapter or inany permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of thischapter by the Department or its designee or by local authorities pursuant tothis chapter shall be assessed liquidated damages. The amount of thosedamages shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 2,000 pounds or less 1 per pound 2,000 pounds or less 1 per pound 2,001 to 4,000 pounds 3 per pound 2,001 to 4,000 pounds 3 per pound 4,001 to 8,000 pounds 12 per pound 4,001 to 8,000 pounds 7 per pound 8,001 to 12,000 pounds 22 per pound 8,001 to 12,000 pounds 12 per pound 12,001 pounds or more 35 per pound 12,001 pounds or more 20 per pound
All gross permit violations shall be assessed $.20 per pound over thepermitted weight limit.
In addition to all damages assessed herein, for every violation of any weightlimit as provided in this chapter or in any permit issued pursuant to Article18 (§ 46.2-1139 et seq.) of this chapter, there shall be assessed additionalliquidated damages of $20.
If a person has no prior violations under the motor vehicle weight laws, andthe excess weight does not exceed 1,500 pounds, the general district courtmay waive the liquidated damages against such person. Except as provided by §46.2-1138, such assessment shall be entered by the court or by the Departmentas a judgment for the Commonwealth, the entry of which shall constitute alien upon the overweight vehicle. Except as provided by § 46.2-1138, suchsums shall be paid to the Department or collected by the attorney for theCommonwealth and forwarded to the State Treasurer and allocated to the fundappropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25percent but no more than 50 percent, the amount of the liquidated damagesshall be two times the amount provided for in the foregoing provisions ofthis section; if the gross weight of the vehicle exceeds lawful limits bymore than 50 percent, the amount of the liquidated damages shall be threetimes the amount provided for in the foregoing provisions of this section.The provisions of this subsection shall not apply to pickup or panel trucks.
C. The increases in the liquidated damages under subsection A pursuant toenactments of the 2007 Session of the General Assembly shall not beapplicable to any motor vehicle hauling forest or farm products from theplace where such products are first produced, cut, harvested, or felled tothe location where they are first processed. The amount of liquidated damagesassessed against such motor vehicles shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 4,000 pounds or less 1 per pound 4,000 pounds or less 1 per pound 4,001 to 8,000 pounds 10 per pound 4,001 to 8,000 pounds 5 per pound 8,001 to 12,000 pounds 20 per pound 8,001 to 12,000 pounds 10 per pound 12,001 pounds or more 30 per pound 12,001 pounds or more 15 per pound
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968,c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372;1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314;2007, c. 896.)
§ 46.2-1135. (Contingent effective date - see Editor's notes) Liquidateddamages for violation of weight limits.
A. Any person violating any weight limit as provided in this chapter or inany permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of thischapter by the Department or its designee or by local authorities pursuant tothis chapter shall be assessed liquidated damages. The amount of thosedamages shall be:
Excess weight over Assessed Excess weight over Assessed the prescribed amount per the prescribed amount per or permitted pound gross weight pound axle weight limit limits 4,000 pounds or less 1 per pound 4,000 pounds or less 1 per pound 4,001 to 8,000 pounds 10 per pound 4,001 to 8,000 pounds 5 per pound 8,001 to 12,000 pounds 20 per pound 8,001 to 12,000 pounds 10 per pound 12,001 pounds or more 30 per pound 12,001 pounds or more 15 per pound
All gross permit violations shall be assessed $.20 per pound over thepermitted weight limit.
If a person has no prior violations under the motor vehicle weight laws, andthe excess weight does not exceed 2,500 pounds, the general district courtmay waive the liquidated damages against such person. Except as provided by §46.2-1138, such assessment shall be entered by the court or by the Departmentas a judgment for the Commonwealth, the entry of which shall constitute alien upon the overweight vehicle. Except as provided by § 46.2-1138, suchsums shall be paid to the Department or collected by the attorney for theCommonwealth and forwarded to the State Treasurer and allocated to the fundappropriated for the construction and maintenance of state highways.
B. If the gross weight of the vehicle exceeds lawful limits by at least 25percent but no more than 50 percent, the amount of the liquidated damagesshall be two times the amount provided for in the foregoing provisions ofthis section; if the gross weight of the vehicle exceeds lawful limits bymore than 50 percent, the amount of the liquidated damages shall be threetimes the amount provided for in the foregoing provisions of this section.The provisions of this subsection shall not apply to pickup or panel trucks.
(Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968,c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372;1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314.)
