2013 Maryland Code
TRANSPORTATION
§ 27-105 - Penalties for certain weight violations


MD Transp Code § 27-105 (2013) What's This?

§27-105.

(a) (1) This section applies to any person charged with a violation of the Maryland Vehicle Law for exceeding, as to any vehicle or combination of vehicles:

(i) The maximum registered weight limit for which the vehicle or combination is registered;

(ii) Any statutory weight limit set forth in the Maryland Vehicle Law; or

(iii) The maximum weight limit imposed by signs which have been placed to regulate the weight of any vehicle passing over any bridge or culvert as provided for in § 24-206 of this article, provided that signs posting the restriction are located at the bridge or culvert and also prior to the last available alternate route that bypasses the bridge or culvert.

(2) On conviction of any person for a violation of any of these limits, fines shall be imposed as provided in this section.

(b) Except on interstate highways, a loading error or tolerance of 1,000 pounds over a registered weight limit, statutory weight limit, or weight limit imposed by signs is allowed and only weight in excess of this tolerance is a violation provided that:

(1) An overall gross weight may not exceed 80,000 pounds, including any enforcement or statutory tolerances; or

(2) The vehicle is being operated under a valid permit for gross weight in excess of 80,000 pounds.

(c) Subject to subsection (d) of this section, the following fines, in addition to court costs, are applicable to weight violations over the registered weight limit, statutory weight limit, or weight limit imposed by signs, and for weight violations that occur on any highway of this State, including interstate highways:

(1) 1 cent for each pound for the first 1,000 pounds of weight over any allowable weight;

(2) 5 cents for each pound of excess weight over 1,000 pounds, but less than 5,001 pounds;

(3) 12 cents for each additional pound of excess weight over 5,000 pounds and less than 10,001 pounds;

(4) 20 cents for each additional pound of excess weight over 10,000 pounds but less than 20,001 pounds; and

(5) 40 cents for each additional pound of excess weight over 20,000 pounds.

(d) The following fines, in addition to court costs, are applicable to weight violations over the registered weight limit, statutory weight limit, or weight limit imposed by signs, and to any other weight violations that occur on the William Preston Lane, Jr. Memorial (Chesapeake Bay) Bridge or its appurtenant approaches under the jurisdiction of the Maryland Transportation Authority:

(1) 1 cent for each pound for the first 1,000 pounds over any allowable weight;

(2) 5 cents for each additional pound of excess weight over 1,000 pounds but less than 2,001 pounds;

(3) 10 cents for each additional pound of excess weight over 2,000 pounds but less than 5,001 pounds;

(4) 24 cents for each additional pound of excess weight over 5,000 pounds but less than 10,001 pounds;

(5) 40 cents for each additional pound of excess weight over 10,000 pounds but less than 20,001 pounds; and

(6) 80 cents for each additional pound of excess weight over 20,000 pounds.

(e) Notwithstanding any other provision of law, on conviction for a violation, no fine may be suspended or reduced. However, in computing the fine, a credit for any excess weight caused by an accumulation of cinders, snow, or ice shall be given.

(f) (1) If the vehicle being operated at the time the offense is committed is registered outside of this State, or if the person responsible for the violation or the person operating the vehicle is a nonresident of this State, further proceedings shall be had as to the person under Title 26 of this article or the vehicle shall be impounded until the fine is paid or acceptable collateral posted.

(2) The impounding of the vehicle does not include the cargo, and the cargo may not be held.

(3) If, after 90 days from the date the vehicle was impounded, the fine has not been paid or acceptable collateral posted, the vehicle may be sold at public auction under the jurisdiction of the court to satisfy the fine, accrued interest, and costs.

(g) The provisions of this section do not apply to an “emergency vehicle”, as defined in § 11-118 of this article, when responding to an emergency.

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