§ 46.2-1143. Overweight permits for coal haulers; trucks hauling gravel,sand, crushed stone, or liquids produced from gas or oil wells in certaincounties; penalties.
A. The Commissioner and local authorities of cities and towns in theirrespective jurisdictions, upon written application by the owner or operatorof vehicles used exclusively for hauling coal or coal byproducts from a mineor other place of production to a preparation plant, electricity-generationfacility, loading dock, or railroad shall issue, without cost, a permitauthorizing those vehicles to operate with gross weights in excess of thoseestablished in § 46.2-1126 on the conditions set forth in this section.
B. Vehicles with three axles may have a maximum gross weight, when loaded, ofno more than 60,000 pounds, a single axle weight of not more than 24,000pounds and a tandem axle weight of no more than 45,000 pounds. Vehicles withfour axles may have a maximum gross weight, when loaded, of no more than70,000 pounds, a single axle weight of no more than 24,000 pounds, and atri-axle weight of no more than 50,000 pounds. Vehicles with five axleshaving no less than 35 feet of axle space between extreme axles may have amaximum gross weight, when loaded, of no more than 90,000 pounds, a singleaxle weight of no more than 20,000 pounds, and a tandem axle weight of nomore than 40,000 pounds. Vehicles with six axles may have a maximum grossweight, when loaded, of no more than 110,000 pounds, a single axle weight ofno more than 24,000 pounds, a tandem axle weight of no more than 44,000pounds, and a tri-axle weight of no more than 54,500 pounds.
C. No load of any vehicle operating under a permit issued according to thissection shall rise above the top of the bed of such vehicle, not includingextensions of the bed. Three-axle vehicles shall not carry loads in excess ofthe maximum bed size in cubic feet for such vehicle which shall be computedby a formula of 60,000 pounds minus the weight of the empty truck divided bythe average weight of coal. For the purposes of this section, the averageweight of coal shall be 52 pounds per cubic foot. Four-axle vehicles shallnot carry loads in excess of the maximum bed size for such vehicle whichshall be computed by a formula of 70,000 pounds minus the weight of the truckempty divided by the average weight of coal. Five-axle vehicles shall notcarry loads in excess of the maximum bed size for such vehicle, which shallbe computed by a formula of 90,000 pounds minus the weight of the truck emptydivided by the average weight of coal. Six-axle vehicles shall not carryloads in excess of the maximum bed size for such vehicle, which shall becomputed by a formula of 110,000 pounds minus the weight of the truck emptydivided by the average weight of coal.
D. For the purposes of this section, the term bed shall mean that part of thevehicle used to haul coal. Bed size shall be measured by its interiordimensions with volume expressed in cubic feet. In order to ensure compliancewith this section by visual inspection, if the actual bed size of the vehicleexceeds the maximum as provided above, the owner or operator shall berequired to paint a horizontal line two inches wide on the sides of theoutside of the bed of the vehicle, clearly visible to indicate the uppermostlimit of the maximum bed size applicable to the vehicle as provided in thissection. In addition, one hole two inches high and six inches long on eachside of the bed shall be cut in the center of the bed and at the top of thepainted line. Any vehicle in violation of this section shall subject thevehicle's owner or operator or both to a penalty of $250 for a first offense,$500 for a second offense within a 12-month period, and $1,000 and revocationof the permit for a third offense within a 12-month period from the firstoffense.
E. If the bed of any vehicle is enlarged beyond the maximum bed size forwhich its permit was granted, or if the line or holes required are altered sothat the vehicle exceeds the bed size for which its permit was granted, theowner, operator, or both shall be subject to a penalty of $1,000 for eachoffense and revocation of the permit. Upon revocation, a permit shall not bereissued for six months. The penalties provided in this section shall be inlieu of those imposed under § 46.2-1135.
F. For any vehicle with a valid permit issued pursuant to the conditionsrequired by this section, when carrying loads which do not rise above the topof the bed or the line indicating the bed's maximum size, if applicable, itshall be, in the absence of proof to the contrary, prima facie evidence thatthe load is within the applicable weight limits. If any vehicle is stopped byenforcement officials for carrying a load rising above the top of the bed orthe line indicating the bed's maximum size, the operator of the vehicle shallbe permitted to shift his load within the bed to determine whether the loadcan be contained in the bed without rising above its top or above the line.
G. No such permit shall be valid for the operation of any such vehicle for adistance of more than 85 miles within the Commonwealth of Virginia from thepreparation plant, loading dock, or railroad.
Until July 1, 2011, in counties that impose a severance tax on coal and gasesas authorized by § 58.1-3712, the weight limits prescribed in subsection B ofthis section shall also apply to trucks hauling gravel, sand, or crushedstone no more than 50 miles from origin to destination. Nothing contained inthis subsection shall authorize any extension of weight limits provided in §46.2-1127 for operation on interstate highways. Any weight violation haulingsand, gravel, or crushed stone under this subsection shall be subject to thepenalties authorized by § 46.2-1135.
H. In counties that impose a severance tax on coal and gases as authorized by§ 58.1-3712, the weight limits prescribed in subsection B shall also apply tomotor vehicles hauling liquids produced from a gas or oil well and water usedfor drilling and completion of a gas or oil well no more than 50 miles fromorigin to destination. Nothing contained in this subsection shall authorizeany extension of weight limits provided in § 46.2-1127 for operation oninterstate highways. Any weight violation involving hauling liquids producedfrom a gas or oil well and water used for drilling and completion of a gas oroil well under this subsection shall be subject to the penalties authorizedby § 46.2-1135.
(1973, c. 62, § 46.1-343.3; 1989, c. 727; 1996, cc. 36, 87; 1999, c. 915;2001, c. 417; 2002, c. 264; 2003, cc. 314, 315; 2005, c. 556; 2007, c. 523;2008, c. 716; 2009, c. 188; 2010, c. 361.)
§ 46.2-1143. Overweight permits for coal haulers; trucks hauling gravel,sand, crushed stone, or liquids produced from gas or oil wells in certaincounties; penalties.
A. The Commissioner and local authorities of cities and towns in theirrespective jurisdictions, upon written application by the owner or operatorof vehicles used exclusively for hauling coal or coal byproducts from a mineor other place of production to a preparation plant, electricity-generationfacility, loading dock, or railroad shall issue, without cost, a permitauthorizing those vehicles to operate with gross weights in excess of thoseestablished in § 46.2-1126 on the conditions set forth in this section.
B. Vehicles with three axles may have a maximum gross weight, when loaded, ofno more than 60,000 pounds, a single axle weight of not more than 24,000pounds and a tandem axle weight of no more than 45,000 pounds. Vehicles withfour axles may have a maximum gross weight, when loaded, of no more than70,000 pounds, a single axle weight of no more than 24,000 pounds, and atri-axle weight of no more than 50,000 pounds. Vehicles with five axleshaving no less than 35 feet of axle space between extreme axles may have amaximum gross weight, when loaded, of no more than 90,000 pounds, a singleaxle weight of no more than 20,000 pounds, and a tandem axle weight of nomore than 40,000 pounds. Vehicles with six axles may have a maximum grossweight, when loaded, of no more than 110,000 pounds, a single axle weight ofno more than 24,000 pounds, a tandem axle weight of no more than 44,000pounds, and a tri-axle weight of no more than 54,500 pounds.
C. No load of any vehicle operating under a permit issued according to thissection shall rise above the top of the bed of such vehicle, not includingextensions of the bed. Three-axle vehicles shall not carry loads in excess ofthe maximum bed size in cubic feet for such vehicle which shall be computedby a formula of 60,000 pounds minus the weight of the empty truck divided bythe average weight of coal. For the purposes of this section, the averageweight of coal shall be 52 pounds per cubic foot. Four-axle vehicles shallnot carry loads in excess of the maximum bed size for such vehicle whichshall be computed by a formula of 70,000 pounds minus the weight of the truckempty divided by the average weight of coal. Five-axle vehicles shall notcarry loads in excess of the maximum bed size for such vehicle, which shallbe computed by a formula of 90,000 pounds minus the weight of the truck emptydivided by the average weight of coal. Six-axle vehicles shall not carryloads in excess of the maximum bed size for such vehicle, which shall becomputed by a formula of 110,000 pounds minus the weight of the truck emptydivided by the average weight of coal.
D. For the purposes of this section, the term bed shall mean that part of thevehicle used to haul coal. Bed size shall be measured by its interiordimensions with volume expressed in cubic feet. In order to ensure compliancewith this section by visual inspection, if the actual bed size of the vehicleexceeds the maximum as provided above, the owner or operator shall berequired to paint a horizontal line two inches wide on the sides of theoutside of the bed of the vehicle, clearly visible to indicate the uppermostlimit of the maximum bed size applicable to the vehicle as provided in thissection. In addition, one hole two inches high and six inches long on eachside of the bed shall be cut in the center of the bed and at the top of thepainted line. Any vehicle in violation of this section shall subject thevehicle's owner or operator or both to a penalty of $250 for a first offense,$500 for a second offense within a 12-month period, and $1,000 and revocationof the permit for a third offense within a 12-month period from the firstoffense.
E. If the bed of any vehicle is enlarged beyond the maximum bed size forwhich its permit was granted, or if the line or holes required are altered sothat the vehicle exceeds the bed size for which its permit was granted, theowner, operator, or both shall be subject to a penalty of $1,000 for eachoffense and revocation of the permit. Upon revocation, a permit shall not bereissued for six months. The penalties provided in this section shall be inlieu of those imposed under § 46.2-1135.
F. For any vehicle with a valid permit issued pursuant to the conditionsrequired by this section, when carrying loads which do not rise above the topof the bed or the line indicating the bed's maximum size, if applicable, itshall be, in the absence of proof to the contrary, prima facie evidence thatthe load is within the applicable weight limits. If any vehicle is stopped byenforcement officials for carrying a load rising above the top of the bed orthe line indicating the bed's maximum size, the operator of the vehicle shallbe permitted to shift his load within the bed to determine whether the loadcan be contained in the bed without rising above its top or above the line.
G. No such permit shall be valid for the operation of any such vehicle for adistance of more than 85 miles within the Commonwealth of Virginia from thepreparation plant, loading dock, or railroad.
Until July 1, 2011, in counties that impose a severance tax on coal and gasesas authorized by § 58.1-3712, the weight limits prescribed in subsection B ofthis section shall also apply to trucks hauling gravel, sand, or crushedstone no more than 50 miles from origin to destination. Nothing contained inthis subsection shall authorize any extension of weight limits provided in §46.2-1127 for operation on interstate highways. Any weight violation haulingsand, gravel, or crushed stone under this subsection shall be subject to thepenalties authorized by § 46.2-1135.
H. In counties that impose a severance tax on coal and gases as authorized by§ 58.1-3712, the weight limits prescribed in subsection B shall also apply tomotor vehicles hauling liquids produced from a gas or oil well and water usedfor drilling and completion of a gas or oil well no more than 50 miles fromorigin to destination. Nothing contained in this subsection shall authorizeany extension of weight limits provided in § 46.2-1127 for operation oninterstate highways. Any weight violation involving hauling liquids producedfrom a gas or oil well and water used for drilling and completion of a gas oroil well under this subsection shall be subject to the penalties authorizedby § 46.2-1135.
(1973, c. 62, § 46.1-343.3; 1989, c. 727; 1996, cc. 36, 87; 1999, c. 915;2001, c. 417; 2002, c. 264; 2003, cc. 314, 315; 2005, c. 556; 2007, c. 523;2008, c. 716; 2009, c. 188; 2010, c. 361.)
§ 46.2-1143. Overweight permits for coal haulers; trucks hauling gravel,sand, crushed stone, or liquids produced from gas or oil wells in certaincounties; penalties.
A. The Commissioner and local authorities of cities and towns in theirrespective jurisdictions, upon written application by the owner or operatorof vehicles used exclusively for hauling coal or coal byproducts from a mineor other place of production to a preparation plant, electricity-generationfacility, loading dock, or railroad shall issue, without cost, a permitauthorizing those vehicles to operate with gross weights in excess of thoseestablished in § 46.2-1126 on the conditions set forth in this section.
B. Vehicles with three axles may have a maximum gross weight, when loaded, ofno more than 60,000 pounds, a single axle weight of not more than 24,000pounds and a tandem axle weight of no more than 45,000 pounds. Vehicles withfour axles may have a maximum gross weight, when loaded, of no more than70,000 pounds, a single axle weight of no more than 24,000 pounds, and atri-axle weight of no more than 50,000 pounds. Vehicles with five axleshaving no less than 35 feet of axle space between extreme axles may have amaximum gross weight, when loaded, of no more than 90,000 pounds, a singleaxle weight of no more than 20,000 pounds, and a tandem axle weight of nomore than 40,000 pounds. Vehicles with six axles may have a maximum grossweight, when loaded, of no more than 110,000 pounds, a single axle weight ofno more than 24,000 pounds, a tandem axle weight of no more than 44,000pounds, and a tri-axle weight of no more than 54,500 pounds.
C. No load of any vehicle operating under a permit issued according to thissection shall rise above the top of the bed of such vehicle, not includingextensions of the bed. Three-axle vehicles shall not carry loads in excess ofthe maximum bed size in cubic feet for such vehicle which shall be computedby a formula of 60,000 pounds minus the weight of the empty truck divided bythe average weight of coal. For the purposes of this section, the averageweight of coal shall be 52 pounds per cubic foot. Four-axle vehicles shallnot carry loads in excess of the maximum bed size for such vehicle whichshall be computed by a formula of 70,000 pounds minus the weight of the truckempty divided by the average weight of coal. Five-axle vehicles shall notcarry loads in excess of the maximum bed size for such vehicle, which shallbe computed by a formula of 90,000 pounds minus the weight of the truck emptydivided by the average weight of coal. Six-axle vehicles shall not carryloads in excess of the maximum bed size for such vehicle, which shall becomputed by a formula of 110,000 pounds minus the weight of the truck emptydivided by the average weight of coal.
D. For the purposes of this section, the term bed shall mean that part of thevehicle used to haul coal. Bed size shall be measured by its interiordimensions with volume expressed in cubic feet. In order to ensure compliancewith this section by visual inspection, if the actual bed size of the vehicleexceeds the maximum as provided above, the owner or operator shall berequired to paint a horizontal line two inches wide on the sides of theoutside of the bed of the vehicle, clearly visible to indicate the uppermostlimit of the maximum bed size applicable to the vehicle as provided in thissection. In addition, one hole two inches high and six inches long on eachside of the bed shall be cut in the center of the bed and at the top of thepainted line. Any vehicle in violation of this section shall subject thevehicle's owner or operator or both to a penalty of $250 for a first offense,$500 for a second offense within a 12-month period, and $1,000 and revocationof the permit for a third offense within a 12-month period from the firstoffense.
E. If the bed of any vehicle is enlarged beyond the maximum bed size forwhich its permit was granted, or if the line or holes required are altered sothat the vehicle exceeds the bed size for which its permit was granted, theowner, operator, or both shall be subject to a penalty of $1,000 for eachoffense and revocation of the permit. Upon revocation, a permit shall not bereissued for six months. The penalties provided in this section shall be inlieu of those imposed under § 46.2-1135.
F. For any vehicle with a valid permit issued pursuant to the conditionsrequired by this section, when carrying loads which do not rise above the topof the bed or the line indicating the bed's maximum size, if applicable, itshall be, in the absence of proof to the contrary, prima facie evidence thatthe load is within the applicable weight limits. If any vehicle is stopped byenforcement officials for carrying a load rising above the top of the bed orthe line indicating the bed's maximum size, the operator of the vehicle shallbe permitted to shift his load within the bed to determine whether the loadcan be contained in the bed without rising above its top or above the line.
G. No such permit shall be valid for the operation of any such vehicle for adistance of more than 85 miles within the Commonwealth of Virginia from thepreparation plant, loading dock, or railroad.
Until July 1, 2011, in counties that impose a severance tax on coal and gasesas authorized by § 58.1-3712, the weight limits prescribed in subsection B ofthis section shall also apply to trucks hauling gravel, sand, or crushedstone no more than 50 miles from origin to destination. Nothing contained inthis subsection shall authorize any extension of weight limits provided in §46.2-1127 for operation on interstate highways. Any weight violation haulingsand, gravel, or crushed stone under this subsection shall be subject to thepenalties authorized by § 46.2-1135.
H. In counties that impose a severance tax on coal and gases as authorized by§ 58.1-3712, the weight limits prescribed in subsection B shall also apply tomotor vehicles hauling liquids produced from a gas or oil well and water usedfor drilling and completion of a gas or oil well no more than 50 miles fromorigin to destination. Nothing contained in this subsection shall authorizeany extension of weight limits provided in § 46.2-1127 for operation oninterstate highways. Any weight violation involving hauling liquids producedfrom a gas or oil well and water used for drilling and completion of a gas oroil well under this subsection shall be subject to the penalties authorizedby § 46.2-1135.
(1973, c. 62, § 46.1-343.3; 1989, c. 727; 1996, cc. 36, 87; 1999, c. 915;2001, c. 417; 2002, c. 264; 2003, cc. 314, 315; 2005, c. 556; 2007, c. 523;2008, c. 716; 2009, c. 188; 2010, c. 361.)
