2006 Code of Virginia § 46.2-1137 - Weighing vehicles; procedure; shifting loads; unloading excess load; weighing fee; certificate as t...

46.2-1137. Weighing vehicles; procedure; shifting loads; unloading excessload; weighing fee; certificate as to accuracy of scales admissible inevidence; penalties.

Any officer authorized to enforce the law under this title, having reason tobelieve that the weight of a vehicle and load is unlawful, is authorized toweigh the load and the vehicle. If the place where the vehicle is stopped isten road miles or less from a permanent weighing station, the officer may,and upon demand of the driver shall, require the vehicle to proceed to suchstation. If the distance to the nearest permanent weighing station is morethan ten road miles such vehicle may be weighed by wheel load weighers. Anydriver who fails or unreasonably refuses to drive his vehicle to suchpermanent weighing station or such scales or wheel load weighers upon therequest and direction of the officer to do so shall be guilty of a Class 4misdemeanor. The penalty for such violation shall be in addition to any otherpenalties prescribed for exceeding the maximum weight permitted or for anyother violation.

In the event of such failure or unreasonable refusal, where the officer hasreason to believe the vehicle is overweight, the officer may use whateverreasonable means are available to have the vehicle weighed, including theemployment of a tow truck to move the vehicle to the weighing area. He mayalso use whatever means are necessary to reload the vehicle if the load isintentionally dumped. In such a case, any expenses incurred in having thevehicle weighed may be taxed as costs to be imposed upon the operator whofailed or unreasonably refused to drive his vehicle to such weighing area,when he has been convicted of such failure or refusal and an overweightviolation. In all cases where such failure or refusal or overweight chargesare dismissed, payment shall be made from highway funds.

Should the officer find that the weight of any vehicle and its load isgreater than that permitted by this title or that the weight of the loadcarried in or on such vehicle is greater than that which the vehicle islicensed to carry under the provisions of this title, he may require thedriver to unload, at the nearest place where the property unloaded may bestored or transferred to another vehicle, such portion of the load as may benecessary to decrease the gross weight of the vehicle to the maximum thereforpermitted by this title. Any property so unloaded shall be stored or caredfor by the owner or operator of the overweight vehicle at the risk of suchowner or operator.

However, notwithstanding the provisions of 46.2-1122 through 46.2-1127,should the officer find that the gross weight of the vehicle and its load iswithin limits permitted under this title and does not exceed the limit forwhich the vehicle is registered, but that the axle weight of any axle oraxles of the vehicle exceeds that permitted under this title, the drivershall be allowed one hour to shift his load within or on that same vehicle inorder to bring the axle weight or axle weights within proper limits. However,liquidated damages shall be assessed under 46.2-1135 based on the weightprior to shifting the load, unless the load can be successfully shifted tobring the vehicle's axle weight within limits permitted under this title by(i) sliding the axle or axles of the semitrailer or the fifth wheel of thetractor truck, (ii) repositioning the load if the motor vehicle istransporting off-the-road mobile construction equipment, or (iii) adjustingthe load if the vehicle is operating on non-interstate highways and qualifiesfor weight extensions pursuant to 46.2-1129. Such load shifting shall beperformed at the site where the vehicle was weighed and found to exceedallowable axle weight limits. No such load shifting shall be allowed if suchload is required to be placarded as defined in 10.1-1450 and consists ofhazardous material as defined in 10.1-1400.

If the driver of an overloaded vehicle is convicted, forfeits bail, orpurchases an increased license as a result of such weighing, the court inaddition to all other penalties shall assess and collect a weighing fee oftwo dollars from the owner or operator of the vehicle and shall forward suchfee to the State Treasurer. Upon receipt of the fee, the State Treasurershall allocate the same to the fund appropriated for the administration andmaintenance of the Department of State Police.

In any court or legal proceedings in which any question arises as to thecalibration or accuracy of any such scales at permanent weighing stations orwheel load weighers, a certificate, executed and signed under oath by theinspector calibrating or testing such device as to its accuracy as well as tothe accuracy of the test weights used in such test, and stating the date ofsuch test, type of test and results of testing, shall be admissible whenattested by one such inspector who executed and signed it as evidence of thefacts therein stated and the results of such testing.

(Code 1950, 46-342; 1954, c. 312; 1956, c. 698; 1958, c. 541, 46.1-347;1972, c. 292; 1981, c. 187; 1982, c. 681; 1983, c. 577; 1986, c. 589; 1989,c. 727; 1996, c. 422; 2001, cc. 411, 433; 2002, cc. 99, 431.)