Arizona Laws 28-5438
A. A person who violates this article is:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 4 months | up to $750 |
| Class 3 misdemeanor | up to 30 days | up to $500 |
Terms Used In Arizona Laws 28-5438
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means :
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gross weight: means the sum of the empty weight in pounds of a motor vehicle combination plus the weight in pounds of the maximum load to be carried on the motor vehicle combination at any one time, except that for tow trucks, gross weight means the sum of the empty weight in pounds of the tow truck plus the weight in pounds of operational supplies and equipment. See Arizona Laws 28-5431
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
1. Subject to a civil penalty either:
(a) As prescribed in subsection B of this section.
(b) Of one dollar if the excess weight is one thousand pounds or less.
2. Guilty of a class 3 misdemeanor for a second violation of this article within six months of the preceding judgment.
3. Guilty of a class 2 misdemeanor for a second conviction for a violation of this article within one year of the preceding conviction pursuant to paragraph 2 of this subsection.
B. A court shall impose civil penalties as follows:
If the excess weight is: The minimum civil penalty is:
1,001 to 1,250 pounds $100.00
1,251 to 1,500 200.00
1,501 to 2,000 300.00
2,001 to 2,500 400.00
2,501 to 3,000 500.00
3,001 to 3,500 840.00
3,501 to 4,000 980.00
4,001 to 4,500 1120.00
4,501 to 4,750 1260.00
4,751 to 5,000 1400.00
5,001 and over 1400.00 plus an additional $100 for each 1000 pounds of excess weight
C. An unregistered vehicle that is operated on a public highway is deemed to have a gross weight of one pound for purposes of the civil penalty imposed by this section.
D. If an officer finds that a person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to shift the load, as reasonable under the circumstances, to comply with the axle weight limitation and notwithstanding this section:
1. If the driver does not comply with the request of the officer to shift the load, the driver is subject to a civil penalty or a criminal penalty.
2. If the driver complies with the axle weight limitation after shifting the load and the excess axle weight was two thousand five hundred pounds or less:
(a) The officer shall not cite the driver.
(b) The driver is not subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.
3. If the driver shifts the load but does not comply with the axle weight limitation or if the excess axle weight is more than two thousand five hundred pounds, the driver is subject to a civil penalty or a criminal penalty for a violation of the axle weight limitation.
E. If a person is arrested for violating this article, the arresting officer may take the person immediately before a magistrate who is within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense. If the person is taken before a justice of the peace, the person shall be taken before the nearest or most accessible justice of the peace with reference to the place where the arrest is made.
F. The officer or court collecting or receiving a civil penalty, fee, fine or forfeiture for a violation of this article shall deposit, pursuant to sections 35-146 and 35-147, the amount in the Arizona highway user revenue fund. If a civil penalty, fee or fine is collected, ten dollars of the civil penalty, fee or fine is deductible as reimbursement of costs from the amount collected, unless the fee or fine is less than ten dollars. The collecting official shall deposit the deducted monies with the city, town or county treasury of the city, town or county prosecuting or processing the violation.
G. A weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the weight of a vehicle and load is unlawful.
H. If the commodity being carried is sold by weight, a weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is not in excess of the prescribed maximum weight limitation permitted by this article is prima facie evidence that the gross weight of a vehicle and load is lawful. The presumption that the weight of the vehicle and load is lawful may be rebutted by the weight of the vehicle and load as shown by means of the department‘s stationary scale or a public weighmaster scale.