Virginia Code 46.2-704: Prohibited operations; checking on weights; penalties
A. No person shall operate or permit the operation of any motor vehicle, trailer, or semitrailer for which the fee for registration is prescribed by § 46.2-697 on any highway in the Commonwealth, under any of the following circumstances:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Virginia Code 46.2-704
- 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
- Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
- Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
- Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
- Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
- 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
1. Without first having paid the registration fee hereinabove prescribed.
2. If, at the time of the operation, the gross weight of the vehicle or of the combination of vehicles of which it is a part, is in excess of the gross weight on the basis of which it is registered. In any case where a pickup truck is used in combination with another vehicle, operation shall be unlawful only if the combined gross weight exceeds the combined gross weight on the basis of which each vehicle is registered.
B. Any officer authorized to enforce the motor vehicle laws, having reason to believe that the gross weight of any motor vehicle, trailer, or semitrailer being operated on any highway in the Commonwealth exceeds that on the basis of which the vehicle is registered, may weigh the vehicle by whatever means the Superintendent may prescribe and the operator, or other person in possession of the vehicle, shall permit this weighing whenever requested by the officer.
C. Any person who violates any provision of this section or who operates or permits the operation of a trailer or semitrailer designed for the use of human beings as living quarters, on the highways in the Commonwealth without having first paid to the Commissioner the fee prescribed in subdivision 5 of subsection A of § 46.2-694 is guilty of a Class 2 misdemeanor.
Code 1950, § 46-167; 1958, c. 541, § 46.1-159; 1962, c. 92; 1975, c. 18; 1982, c. 681; 1989, c. 727.