2007 California Vehicle Code Article 2. Weight Violations

CA Codes (veh:42030-42032)

VEHICLE CODE
SECTION 42030-42032



42030.  (a) Every person convicted of a violation of any weight
limitation provision of Division 15 (commencing with Section 35000),
and every person convicted of a violation of Section 21461 with
respect to signs provided pursuant to Section 35654 or 35752, and
every person convicted of a violation of Section 40001 for requiring
the operation of a vehicle upon a highway in violation of any
provision referred to in this section shall be punished by a fine
which equals the amounts specified in the following table:


           Pounds of excess weight                 Fine
                   0- 1,000 ..................     $ 20
               1,001- 1,500 ..................       30
               1,501- 2,000 ..................       40
               2,001- 2,500 ..................       55
               2,501- 3,000 ..................       85
               3,001- 3,500 ..................      105
               3,501- 4,000 ..................      125
               4,001- 4,500 ..................      145
               4,501- 5,000 ..................      175
               5,001- 6,000 ..................  .04 each lb.
               6,001- 7,000 ..................  .06 each lb.
               7,001- 8,000 ..................  .08 each lb.
               8,001-10,000 ..................  .15 each lb.
              10,001 and over ................  .20 each lb.

   (b) No part of the penalties prescribed by this section shall be
suspended for a conviction of any of the following:
   (1) Section 40001 for requiring operation of a vehicle upon a
highway in violation of any provision referred to in this section.
   (2) Any provision referred to in this section when the amount of
the weight exceeds 4,000 pounds.
   (3) Any provision referred to in this section when a second or
subsequent conviction of a violation thereof occurs within three
years immediately preceding the violation charged.
   (c) However, notwithstanding any other provision of this section,
the court shall exercise discretion with respect to the imposition of
the fine under this section for excess weight not exceeding 1,000
pounds if the load of the vehicle cited consisted entirely of
field-loaded, unprocessed bulk agricultural or forest products or
livestock being transported from the field to the first point of
processing or handling.
   (d) Notwithstanding any other provision of this section, the court
may exercise discretion with respect to the imposition of the fine
under this section if any applicable local permit was obtained prior
to the court hearing and, at the time of issuance of the notice to
appear, the motor carrier was transporting construction equipment or
materials and a valid extra-legal load permit from the Department of
Transportation was in effect.



42030.1.  (a) Every person convicted of a violation of any declared
gross vehicle weight limitation provision of this code, shall be
punished by a fine that equals the amounts specified in the following
table:


  Pounds in Excess of the Declared Gross Vehicle Weight         Fine

  1,001-1,500 ...............................................  $  250

  1,501-2,000 ...............................................     300

  2,001-2,500 ...............................................     350

  2,501-3,000 ...............................................     400

  3,001-3,500 ...............................................     450

  3,501-4,000 ...............................................     500

  4,001-4,500 ...............................................     550

  4,501-5,000 ...............................................     600

  5,001-6,000 ...............................................     700

  6,001-7,000 ...............................................     800

  7,001-8,000 ...............................................     900

  8,001-10,000 ..............................................   1,000

  10,001 and over ...........................................   2,000


   (b) No part of the penalties prescribed by this section shall be
suspended for a conviction of any of the following:
   (1) Section 40001 for requiring operation of a vehicle upon a
highway in violation of any provision referred to in this section.
   (2) Any provision referred to in this section when a second or
subsequent conviction of a violation thereof occurs within three
years immediately preceding the violation charged.



42031.  Whenever the gross weight and any axle or wheel weight of a
vehicle are in excess of the limits prescribed in this code, the
excess weights shall be deemed one offense in violation of this code.



42032.  (a) In addition to any other fines and penalties, any local
public agency which owns or operates vehicles used for the collection
of garbage, refuse, or rubbish and which has, within any 90-day
period, been convicted an excessive number of times for operating
those vehicles in violation of any of the weight limitations set
forth in Chapter 5 (commencing with Section 35550) of Division 15,
taking into consideration the total number of trip routes for those
vehicles which are normally scheduled in the same 90-day period, may
be assessed a civil penalty not to exceed two thousand five hundred
dollars (,500) for each violation.  Nothing in this section affects
the legal standards, proof requirements, or penalty provisions of
any other provision of the law.
   (b) The penalties imposed by this section shall be assessed and
recovered in a civil action brought by the Attorney General or by any
district attorney or city attorney.  Prior to undertaking a civil
action, a reasonable effort for informal resolution of the problem of
excessive violations shall be made by the applicable attorney.
Penalties recovered shall be paid to the Treasurer for deposit in the
State Highway Account in the State Transportation Fund and used,
upon appropriation, for purposes of highway maintenance.

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