2006 Code of Virginia § 46.2-1138.2 - Town ordinances concerning weight limits on certain roads

46.2-1138.2. Town ordinances concerning weight limits on certain roads.

A. The governing body of any town that provided, on January 1, 1993,town-owned and -maintained weight scales for the purpose of enforcing theweight limits established by 46.2-1123 through 46.2-1127 for any vehicleor combination of vehicles passing over any roads in the town may adoptordinances for the assessment of liquidated damages as to overweight vehiclesin accordance with the liquidated damages under 46.2-1135. Such ordinancesmay provide that:

1. Upon a finding of a violation of any weight limit prescribed therein, thecourt shall assess the owner, operator or other person causing the operationof such overweight vehicle at such rate and amount as may be provided in suchordinance;

2. The assessment shall be entered by the court as a judgment for such town;

3. The entry of such judgment shall constitute a lien upon the overweightvehicle; and

4. Such sum shall be paid into the treasury of the town and allocated to thefund appropriated by the town for the construction and maintenance of roadsunder its jurisdiction.

B. Such ordinances may include additional provisions relating to the paymentof such assessment and the enforcement powers applicable to such town andcorresponding to the provisions of 46.2-1131, 46.2-1133, 46.2-1134 and46.2-1135, except that civil penalties, liquidated damages and weighing feescollected pursuant to such ordinances shall be paid to the town, and the townattorney or his designee shall represent the town in any court proceeding.

(1993, c. 511.)