Virginia Code 46.2-1138.1: City ordinances fixing weight limits on certain roads
The governing body of any city may adopt ordinances providing weight limits in accordance with the weight limits established by §§ 46.2-1123 through 46.2-1127 for any vehicle or combination of vehicles passing over any such roads under the jurisdiction of such city, and providing further for the assessment of liquidated damages as to overweight vehicles at rates and amounts not exceeding those applicable to the liquidated damages under § 46.2-1135. Such ordinances may provide:
Terms Used In Virginia Code 46.2-1138.1
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- 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
- 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
Upon a finding of a violation of any weight limit prescribed therein, the court shall assess the owner, operator or other person causing the operation of such overweight vehicle at such rate and amount as may be provided in such ordinance;
The assessment shall be entered by the court as a judgment for such city;
The entry of such judgment shall constitute a lien upon the overweight vehicles;
Such sums shall be paid into the treasury of such city, and allocated to the fund appropriated by such city for the construction and maintenance of such roads under its jurisdiction.
Such ordinances may include additional provisions relating to payment of such assessment and enforcement powers applicable to such city and corresponding to the provisions of §§ 46.2-1131, 46.2-1133, 46.2-1134 and 46.2-1135, except that civil penalties, liquidated damages and weighing fees collected pursuant to such ordinances shall be paid to the city, and the city attorney or his designee shall represent the city in any court proceeding.
1960, c. 218, § 46.1-342.1; 1986, c. 588; 1987, c. 372; 1989, cc. 685, 727.