Title 46.2. Motor Vehicles
Chapter 10. Motor Vehicle and Equipment Safety
This section has more than one version with varying effective dates. Scroll down to see all versions.
§ 46.2-1135. (Contingent expiration date -- see note*) 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:
| a | Excess weight over the prescribed or permitted axle weight limits | Assessed amount per pound | Excess weight over the prescribed gross weight limit | Assessed amount per pound |
| b | 2,000 pounds or less | 1¢ per pound | 2,000 pounds or less | 1¢ per pound |
| c | 2,001 to 4,000 pounds | 3¢ per pound | 2,001 to 4,000 pounds | 3¢ per pound |
| d | 4,001 to 8,000 pounds | 12¢ per pound | 4,001 to 8,000 pounds | 7¢ per pound |
| e | 8,001 to 12,000 pounds | 22¢ per pound | 8,001 to 12,000 pounds | 12¢ per pound |
| f | 12,001 pounds or more | 35¢ per pound | 12,001 pounds or more | 20¢ per 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:
| a | Excess weight over the prescribed or permitted axle weight limits | Assessed amount per pound | Excess weight over the prescribed gross weight limit | Assessed amount per pound |
| b | 4,000 pounds or less | 1¢ per pound | 4,000 pounds or less | 1¢ per pound |
| c | 4,001 to 8,000 pounds | 10¢ per pound | 4,001 to 8,000 pounds | 5¢ per pound |
| d | 8,001 to 12,000 pounds | 20¢ per pound | 8,001 to 12,000 pounds | 10¢ per pound |
| e | 12,001 pounds or more | 30¢ per pound | 12,001 pounds or more | 15¢ per 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.
§ 46.2-1135. (Contingent effective date -- see note*) 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:
| a | Excess weight over the prescribed or permitted axle weight limits | Assessed amount per pound | Excess weight over the prescribed gross weight limit | Assessed amount per pound |
| b | 4,000 pounds or less | 1¢ per pound | 4,000 pounds or less | 1¢ per pound |
| c | 4,001 to 8,000 pounds | 10¢ per pound | 4,001 to 8,000 pounds | 5¢ per pound |
| d | 8,001 to 12,000 pounds | 20¢ per pound | 8,001 to 12,000 pounds | 10¢ per pound |
| e | 12,001 pounds or more | 30¢ per pound | 12,001 pounds or more | 15¢ per pound |
All gross permit violations shall be assessed $.20 per pound over the permitted weight limit.
If a person has no prior violations under the motor vehicle weight laws, and the excess weight does not exceed 2,500 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.
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.
| *This section is set out twice because the 22nd enactment of Chapter 896 of the Acts of Assembly of 2007 states: "That the provisions of this act which generate additional revenue for the Transportation Trust Fund, established under § 33.1-23.03:1 of the Code of Virginia, or the Highway Maintenance and Operating Fund shall expire on December 31 of any year in which the General Assembly appropriates any of the revenues designated under general law to the Highway Maintenance and Operating Fund or the Transportation Trust Fund for any non-transportation related purpose." |
