§ 25-134.1. Liquidated damages for violation of weight limits; forfeiture of vehicle and cargo.

(a)

Upon conviction of any person for violation of any weight limit as provided in this article, the court shall assess liquidated damages. The amount of those damages for each pound of excess weight over the prescribed axle weight limits shall be one cent ($0.01) per pound for an excess weight which does not exceed four thousand (4,000) pounds, ten cents ($0.10) per pound for an excess between four thousand one (4,001) pounds and eight thousand (8,000) pounds, twenty cents ($0.20) per pound for an excess between eight thousand one (8,001) pounds and twelve thousand (12,000) pounds, thirty cents ($0.30) per pound for an excess more than twelve thousand one (12,001) pounds. For each pound of excess weight over the prescribed gross weight limit provided in section 25-129, the amount of those damages shall be one cent ($0.01) per pound for an excess which does not exceed four thousand (4,000) pounds, five cents ($0.05) per pound for an excess between four thousand one (4,001) and eight thousand (8,000) pounds, ten cents ($0.10) per pound for an excess between eight thousand one (8,001) and twelve thousand (12,000) pounds, fifteen cents ($0.15) per pound for an excess more than twelve thousand one (12,001) pounds.

If a person has no prior violation under the motor vehicle weight laws, and the excess weight does not exceed two thousand five hundred (2,500) pounds, the general district court may waive the liquidated damages against such person. Such assessment shall be entered by the court as a judgment for the city, the entry of which shall constitute a lien upon the overweight vehicle. Such sums shall be paid to the city treasurer or collected by the city attorney and forwarded to the city treasurer and allocated to the fund appropriated for the construction and maintenance of city streets.

If the gross weight of the vehicle exceeds lawful limits by at least twenty-five (25) percent but no more than fifty (50) percent, the amount of the liquidated damages shall be two (2) 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 fifty (50) percent, the amount of the liquidated damages shall be three (3) 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.

(b)

Any officer authorized to make arrests and weigh vehicles under the provisions of this article may for a period of twenty-four (24) hours without a court order and thereafter upon a written order of the court either before or after conviction hold the vehicle involved in the overweight violation, provided the same is not registered with the division of motor vehicles, until the amount assessed, if after conviction or subject to be assessed, if before conviction, together with the cost of holding or storing of the vehicle, be paid, or until a bond by or on behalf of the offending person is given for payment as the court may direct of the amount assessed or to be assessed with surety approved by the court or its clerk.

(c)

In the event the amount so assessed is not paid or no bond is given as provided hereinabove, the vehicle in the overweight violation shall be stored in a place of security, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer making the arrest shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from such vehicle. The risk and cost of such storage shall be borne by the owner or operator of such vehicle.

(d)

If within sixty (60) days from the time of the conviction for the overweight violation, the offending party does not pay the assessment imposed by this section, together with the cost of storing such vehicle and cargo, if the cargo is not removed as herein provided, the vehicle and cargo shall be forfeited to the city and sold to satisfy the assessment and cost of storage.

(e)

Upon receipt of a copy of the judgment entered for such assessment and notification of the failure of such person to pay the amount assessed, together with the payment of cost of holding such vehicle under this section, the police department of the city may thereafter deny the offending person the right to operate a motor vehicle or vehicles upon the streets of the city until such assessment has been paid.

(f)

The charges hereinabove specified shall be in addition to any other liability which may be legally fixed against such owner or operator for damage to a highway or bridge attributable to such weight violation.

(Ord. No. 30,729, § 1, 7-29-80; Ord. No. 37,759, § 1, 9-13-94; Ord. No. 40,843, § 1, 9-24-02)

State Law reference— Similar provisions, Code of Virginia, § 46.1-342.

(Ord. No. 30,729, § 1, 7-29-80; Ord. No. 37,759, § 1, 9-13-94; Ord. No. 40,843, § 1, 9-24-02)

State law reference

Similar provisions, Code of Virginia, § 46.1-342.