189.223 Measuring or weighing of vehicle by peace officer -- Unloading of excess
weight.
Any peace officer having reason to believe that the height, length, width or weight of any <br>motor truck, semitrailer truck, or trailer, is in excess of the maximum limits prescribed by <br>KRS 189.221 and subsection (1) of 189.222 or permitted by any special permit issued <br>under KRS 189.270 and in the possession of the operator, may measure it or weigh it <br>either by portable or stationary scales, and may require it to be driven to the nearest <br>scales, if such scales are within a distance of five (5) miles from the point at which the <br>vehicle is first directed to stop. If the officer shall determine that the operation of the <br>motor truck, semitrailer, or trailer, was unlawful, he shall require the operator of said <br>motor truck, semitrailer truck, or trailer to unload such portion of the load as may be <br>necessary to decrease the gross weight of the vehicle to the maximum gross weight <br>permitted under the terms of KRS 189.221 and subsection (1) of 189.222 or of KRS <br>189.270, or he may, at the election of the operator, permit the operator to move the <br>vehicle with its load to the nearest city or nearest court having jurisdiction, at which place <br>the excess load shall be unloaded. The excess load shall be unloaded at the sole risk of <br>the owner. The refusal of the operator to permit his motor truck, semitrailer truck, or <br>trailer to be measured or weighed, or to proceed to a scales, or to unload the excess load, <br>shall constitute a violation of KRS 189.221 to 189.228.
History: Created 1950 Ky. Acts ch. 115, sec. 4.
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