2014 Virginia Code
Title 46.2 - Motor Vehicles
§ 46.2-1135. (Contingent effective date -- see Editor's notes) Liquidated damages for violation of weight limits

A. Any person violating any weight limit as provided in this chapter or in any permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of this chapter by the Department or its designee or by local authorities pursuant to this chapter shall be assessed liquidated damages. The amount of those damages shall be:

Excess weight overAssessedExcess weight overAssessed
the prescribedamount perthe prescribedamount per
or permittedpoundgross weightpound
axle weightlimit
limits
2,000 pounds or less1 cent(s) per 2,000 pounds or less1 cent(s)
poundper pound
2,001 to 4,000 pounds3 cent(s) per 2,001 to 4,000 pounds3 cent(s)
poundper pound
4,001 to 8,000 pounds12 cent(s) per 4,001 to 8,000 pounds7 cent(s)
poundper pound
8,001 to 12,000 pounds22 cent(s) per 8,001 to 12,000 pounds12 cent(s)
poundper pound
12,001 pounds or more35 cent(s) per 12,001 pounds or more20 cent(s)
poundper pound

All gross permit violations shall be assessed $.20 per pound over the permitted weight limit.

In addition to all damages assessed herein, for every violation of any weight limit as provided in this chapter or in any permit issued pursuant to Article 18 (§ 46.2-1139 et seq.) of this chapter, there shall be assessed additional liquidated damages of $20.

If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 1,500 pounds, the general district court may waive the liquidated damages against such person. Except as provided by § 46.2-1138, such assessment shall be entered by the court or by the Department as a judgment for the Commonwealth, the entry of which shall constitute a lien upon the overweight vehicle. Except as provided by § 46.2-1138, such sums shall be paid to the Department or collected by the attorney for the Commonwealth and forwarded to the State Treasurer and allocated to the fund appropriated for the construction and maintenance of state highways.

B. If the gross weight of the vehicle exceeds lawful limits by at least 25 percent but no more than 50 percent, the amount of the liquidated damages shall be two times the amount provided for in the foregoing provisions of this section; if the gross weight of the vehicle exceeds lawful limits by more than 50 percent, the amount of the liquidated damages shall be three times the amount provided for in the foregoing provisions of this section. The provisions of this subsection shall not apply to pickup or panel trucks.

C. The increases in the liquidated damages under subsection A pursuant to enactments of the 2007 Session of the General Assembly shall not be applicable to any motor vehicle hauling forest or farm products from the place where such products are first produced, cut, harvested, or felled to the location where they are first processed. The amount of liquidated damages assessed against such motor vehicles shall be:

Excess weight overAssessedExcess weight overAssessed
the prescribedamount perthe prescribedamount per
or permittedpoundgross weightpound
axle weightlimit
limits
4,000 pounds or less1 cent(s) per 4,000 pounds or less1 cent(s)
poundper pound
4,001 to 8,000 pounds10 cent(s) per 4,001 to 8,000 pounds5 cent(s)
poundper pound
8,001 to 12,000 pounds20 cent(s) per 8,001 to 12,000 pounds10 cent(s)
poundper pound
12,001 pounds or more30 cent(s) per 12,001 pounds or more15 cent(s)
poundper pound

Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342; 1968, c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c. 372; 1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314; 2007, c. 896.