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

Terms Used In Virginia Code 46.2-1135 v2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100

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.”
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