{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1133.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1133.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1133.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1133.html"}],"law_id":67994,"edition_id":1,"section_id":67994,"structure_id":13887,"section_number":"46.2-1133","catch_line":"Special processing provisions for overweight violations","history":"1986, c. 588, \u00a7 46.1-341.02; 1987, c. 372; 1989, c. 727; 2003, c. 314; 2011, cc. 62, 73.","full_text":"Notwithstanding any other provision of law, all violations of any weight limit as provided in this article or any permit issued by either the Department or its designee or by local authorities pursuant to this chapter shall be processed in the following manner:\n\n1\n\nThe officer or size and weight compliance agent charging the violation shall serve a citation on the operator of the overweight vehicle. The citation shall be directed to the owner, operator, or other person responsible for the overweight violation as determined by the officer or size and weight compliance agent. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the weight violation as provided in &#xA7; 46.2-1136.2\n\nThe officer or size and weight compliance agent charging the violation shall cause the citation to be delivered or mailed by first-class mail to the Department within 24 hours after it is served.3\n\nThe owner, operator, or other person charged with the weight violation shall, within 21 days after the citation is served upon the vehicle operator, either make full payment to the Department of the civil penalty, liquidated damages, weighing fee, and processing fee as stated on the citation, or deliver to the Department a written notice of his election to contest the overweight charge in court.4\n\nFailure of the owner, operator, or other person charged with the weight violation to timely deliver to the Department either payment in full of the uncontested civil penalty, liquidated damages, weighing fee, and processing fee or a notice of contest of the weight violation shall cause the Department to issue an administrative order of assessment against such person. A copy of the order shall be sent by first-class mail to the person charged with the weight violation. Any such administrative order shall have the same effect as a judgment for liquidated damages entered by a general district court.5\n\nUpon timely receipt of a notice of contest of an overweight charge, the Department shall:\n\t\t\ta. Forward the citation to the general district court named in the citation, and\n\t\t\tb. Send by first-class mail to the person charged with the weight violation, and to the officer or size and weight compliance agent who issued the citation, confirmation that the citation has been forwarded to the court for trial.6\n\nNotices and pleadings may be served by first-class mail sent to the address shown on the citation as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the vehicle is registered.7\n\nAn alleged weight violation which is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The disposition of the case shall be recorded in an appropriate order, a copy of which shall be sent to the Department in lieu of any record which may be otherwise required by &#xA7; 46.2-383. If judgment is for the Commonwealth, payment shall be made to the Department.8\n\nNotwithstanding any other provisions of this section, any and all citations and notices required by this section to be provided to the person charged with a violation or received from the person charged with a violation, with the exclusion of the citation as set out in subdivision 1, may be served or provided in an electronic manner if the Department and the person charged with the violation have agreed to utilize electronic notification.","order_by":null,"text":{"0":{"id":246189,"text":"Notwithstanding any other provision of law, all violations of any weight limit as provided in this article or any permit issued by either the Department or its designee or by local authorities pursuant to this chapter shall be processed in the following manner:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":246190,"text":"The officer or size and weight compliance agent charging the violation shall serve a citation on the operator of the overweight vehicle. The citation shall be directed to the owner, operator, or other person responsible for the overweight violation as determined by the officer or size and weight compliance agent. Service of the citation on the vehicle operator shall constitute service of process upon the owner, operator, or other person charged with the weight violation as provided in &#xA7; 46.2-1136.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":246191,"text":"The officer or size and weight compliance agent charging the violation shall cause the citation to be delivered or mailed by first-class mail to the Department within 24 hours after it is served.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":246192,"text":"The owner, operator, or other person charged with the weight violation shall, within 21 days after the citation is served upon the vehicle operator, either make full payment to the Department of the civil penalty, liquidated damages, weighing fee, and processing fee as stated on the citation, or deliver to the Department a written notice of his election to contest the overweight charge in court.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":246193,"text":"Failure of the owner, operator, or other person charged with the weight violation to timely deliver to the Department either payment in full of the uncontested civil penalty, liquidated damages, weighing fee, and processing fee or a notice of contest of the weight violation shall cause the Department to issue an administrative order of assessment against such person. A copy of the order shall be sent by first-class mail to the person charged with the weight violation. Any such administrative order shall have the same effect as a judgment for liquidated damages entered by a general district court.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":246194,"text":"Upon timely receipt of a notice of contest of an overweight charge, the Department shall:\n\t\t\ta. Forward the citation to the general district court named in the citation, and\n\t\t\tb. Send by first-class mail to the person charged with the weight violation, and to the officer or size and weight compliance agent who issued the citation, confirmation that the citation has been forwarded to the court for trial.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":246195,"text":"Notices and pleadings may be served by first-class mail sent to the address shown on the citation as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the vehicle is registered.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":246196,"text":"An alleged weight violation which is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The disposition of the case shall be recorded in an appropriate order, a copy of which shall be sent to the Department in lieu of any record which may be otherwise required by &#xA7; 46.2-383. If judgment is for the Commonwealth, payment shall be made to the Department.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":246197,"text":"Notwithstanding any other provisions of this section, any and all citations and notices required by this section to be provided to the person charged with a violation or received from the person charged with a violation, with the exclusion of the citation as set out in subdivision 1, may be served or provided in an electronic manner if the Department and the person charged with the violation have agreed to utilize electronic notification.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":13887,"edition_id":1,"name":"Maximum Vehicle Weights","identifier":"17","label":"article","depth":4,"order_by":1,"parent_id":12828,"metadata":{},"date_created":"2026-06-26 03:46:11","date_modified":"2026-06-26 03:46:11","permalink":{"id":228897,"object_type":"structure","relational_id":13887,"identifier":"17","token":"46.2\/III\/10\/17","url":"\/46.2\/III\/10\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12828,"edition_id":1,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228599,"object_type":"structure","relational_id":12828,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56026,"structure_id":13887,"section_number":"46.2-1122","catch_line":"Definitions","url":"\/46.2-1122\/","token":"46.2\/III\/10\/17\/46.2-1122","metadata":false},{"id":63431,"structure_id":13887,"section_number":"46.2-1123","catch_line":"Weight of vehicles and loads","url":"\/46.2-1123\/","token":"46.2\/III\/10\/17\/46.2-1123","metadata":false},{"id":81854,"structure_id":13887,"section_number":"46.2-1124","catch_line":"Maximum single axle weight, generally; maximum weight per inch of tire width","url":"\/46.2-1124\/","token":"46.2\/III\/10\/17\/46.2-1124","metadata":false},{"id":64875,"structure_id":13887,"section_number":"46.2-1125","catch_line":"Maximum tandem axle weight, generally","url":"\/46.2-1125\/","token":"46.2\/III\/10\/17\/46.2-1125","metadata":false},{"id":75488,"structure_id":13887,"section_number":"46.2-1126","catch_line":"Maximum gross weight, generally","url":"\/46.2-1126\/","token":"46.2\/III\/10\/17\/46.2-1126","metadata":false},{"id":79744,"structure_id":13887,"section_number":"46.2-1127","catch_line":"Weight limits for vehicles using interstate highways","url":"\/46.2-1127\/","token":"46.2\/III\/10\/17\/46.2-1127","metadata":false},{"id":65156,"structure_id":13887,"section_number":"46.2-1127.1","catch_line":"Weight limit exception for certain emergency vehicles using the interstate highways","url":"\/46.2-1127.1\/","token":"46.2\/III\/10\/17\/46.2-1127.1","metadata":false},{"id":71884,"structure_id":13887,"section_number":"46.2-1128","catch_line":"Extensions of weight limits; fees","url":"\/46.2-1128\/","token":"46.2\/III\/10\/17\/46.2-1128","metadata":false},{"id":64956,"structure_id":13887,"section_number":"46.2-1129","catch_line":"Further extensions of weight limits for certain vehicles hauling Virginia-grown farm or forest products","url":"\/46.2-1129\/","token":"46.2\/III\/10\/17\/46.2-1129","metadata":false},{"id":67458,"structure_id":13887,"section_number":"46.2-1129.1","catch_line":"Further extension of weight limits for certain vehicles utilizing an auxiliary power unit or other idle reduction technology","url":"\/46.2-1129.1\/","token":"46.2\/III\/10\/17\/46.2-1129.1","metadata":false},{"id":74311,"structure_id":13887,"section_number":"46.2-1129.2","catch_line":"Further extension of weight limits for vehicles fueled by natural gas or powered by means of electric battery power","url":"\/46.2-1129.2\/","token":"46.2\/III\/10\/17\/46.2-1129.2","metadata":false},{"id":75262,"structure_id":13887,"section_number":"46.2-1130","catch_line":"Crossing bridge or culvert by vehicle heavier than allowed; where weight signs to be erected","url":"\/46.2-1130\/","token":"46.2\/III\/10\/17\/46.2-1130","metadata":false},{"id":55374,"structure_id":13887,"section_number":"46.2-1130.1","catch_line":"Overweight permits granted to cross bridges and culverts by certain emergency response vehicles responding to an emergency call","url":"\/46.2-1130.1\/","token":"46.2\/III\/10\/17\/46.2-1130.1","metadata":false},{"id":73274,"structure_id":13887,"section_number":"46.2-1131","catch_line":"Penalty for violation of weight limits","url":"\/46.2-1131\/","token":"46.2\/III\/10\/17\/46.2-1131","metadata":false},{"id":54921,"structure_id":13887,"section_number":"46.2-1132","catch_line":"Service of process in weight violation cases","url":"\/46.2-1132\/","token":"46.2\/III\/10\/17\/46.2-1132","metadata":false},{"id":67994,"structure_id":13887,"section_number":"46.2-1133","catch_line":"Special processing provisions for overweight violations","url":"\/46.2-1133\/","token":"46.2\/III\/10\/17\/46.2-1133","metadata":false},{"id":58537,"structure_id":13887,"section_number":"46.2-1134","catch_line":"Special overweight seizure provisions; penalty","url":"\/46.2-1134\/","token":"46.2\/III\/10\/17\/46.2-1134","metadata":false},{"id":79786,"structure_id":13887,"section_number":"46.2-1135","catch_line":"(Contingent effective date -- see note*) Liquidated damages for violation of weight limits","url":"\/46.2-1135\/","token":"46.2\/III\/10\/17\/46.2-1135","metadata":false},{"id":67144,"structure_id":13887,"section_number":"46.2-1136","catch_line":"Procedures for issuing and serving process in overweight vehicle cases","url":"\/46.2-1136\/","token":"46.2\/III\/10\/17\/46.2-1136","metadata":false},{"id":68997,"structure_id":13887,"section_number":"46.2-1137","catch_line":"Weighing vehicles; procedure; shifting loads; unloading excess load; weighing fee; certificate as to accuracy of scales admissible in evidence; penalties","url":"\/46.2-1137\/","token":"46.2\/III\/10\/17\/46.2-1137","metadata":false},{"id":56637,"structure_id":13887,"section_number":"46.2-1138","catch_line":"County ordinances fixing weight limits on roads that have been withdrawn from secondary system","url":"\/46.2-1138\/","token":"46.2\/III\/10\/17\/46.2-1138","metadata":false},{"id":68164,"structure_id":13887,"section_number":"46.2-1138.1","catch_line":"City ordinances fixing weight limits on certain roads","url":"\/46.2-1138.1\/","token":"46.2\/III\/10\/17\/46.2-1138.1","metadata":false},{"id":83960,"structure_id":13887,"section_number":"46.2-1138.2","catch_line":"Town ordinances concerning weight limits on certain roads","url":"\/46.2-1138.2\/","token":"46.2\/III\/10\/17\/46.2-1138.2","metadata":false}],"previous_section":{"id":54921,"structure_id":13887,"section_number":"46.2-1132","catch_line":"Service of process in weight violation cases","url":"\/46.2-1132\/","token":"46.2\/III\/10\/17\/46.2-1132","metadata":false},"next_section":{"id":58537,"structure_id":13887,"section_number":"46.2-1134","catch_line":"Special overweight seizure provisions; penalty","url":"\/46.2-1134\/","token":"46.2\/III\/10\/17\/46.2-1134","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1133\/","history_text":"<p>This law was first created in 1986. The record of its establishment is cataloged in chapter 588 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1987, chapter 372; in 1989, chapter 727; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0314\">314<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0062\">62<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0073\">73<\/a>.<\/p>","references":[{"id":56637,"section_number":"46.2-1138","catch_line":"County ordinances fixing weight limits on roads that have been withdrawn from secondary system","order_by":null,"url":"\/46.2-1138\/"},{"id":68164,"section_number":"46.2-1138.1","catch_line":"City ordinances fixing weight limits on certain roads","order_by":null,"url":"\/46.2-1138.1\/"},{"id":83960,"section_number":"46.2-1138.2","catch_line":"Town ordinances concerning weight limits on certain roads","order_by":null,"url":"\/46.2-1138.2\/"},{"id":73189,"section_number":"46.2-703","catch_line":"Reciprocal agreement with other states; assessment and collection of fees on an apportionment or allocation basis; registration of vehicles and reporting of road tax; violations; vehicle seizures; penalties","order_by":null,"url":"\/46.2-703\/"}],"refers_to":[{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"}],"permalink":{"id":228959,"object_type":"law","relational_id":67994,"identifier":"46.2-1133","token":"46.2\/III\/10\/17\/46.2-1133","url":"\/46.2-1133\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1133\/","token":"46.2\/III\/10\/17\/46.2-1133","dublin_core":{"Title":"Special processing provisions for overweight violations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1133","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Notwithstanding any other provision of <span class=\"dictionary\">law<\/span>, all violations of any weight limit as provided in this article or any permit issued by either the <span class=\"dictionary\">Department<\/span> or its designee or by local authorities pursuant to this chapter shall be processed in the following manner:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> The officer or size and weight compliance <span class=\"dictionary\">agent<\/span> charging the violation shall serve a <span class=\"dictionary\">citation<\/span> on the <span class=\"dictionary\">operator<\/span> of the overweight <span class=\"dictionary\">vehicle<\/span>. The <span class=\"dictionary\">citation<\/span> shall be directed to the <span class=\"dictionary\">owner<\/span>, <span class=\"dictionary\">operator<\/span>, or other person responsible for the overweight violation as determined by the officer or size and weight compliance <span class=\"dictionary\">agent<\/span>. Service of the <span class=\"dictionary\">citation<\/span> on the <span class=\"dictionary\">vehicle<\/span> <span class=\"dictionary\">operator<\/span> shall constitute <span class=\"dictionary\">service of process<\/span> upon the <span class=\"dictionary\">owner<\/span>, <span class=\"dictionary\">operator<\/span>, or other person charged with the weight violation as provided in &#xA7; <a class=\"law\" title=\"Procedures for issuing and serving process in overweight vehicle cases\" href=\"\/46.2-1136\/\">46.2-1136<\/a>. <a id=\"paragraph-246190\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> The officer or size and weight compliance <span class=\"dictionary\">agent<\/span> charging the violation shall cause the <span class=\"dictionary\">citation<\/span> to be delivered or mailed by first-class mail to the <span class=\"dictionary\">Department<\/span> within 24 hours after it is served. <a id=\"paragraph-246191\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">owner<\/span>, <span class=\"dictionary\">operator<\/span>, or other person charged with the weight violation shall, within 21 days after the <span class=\"dictionary\">citation<\/span> is served upon the <span class=\"dictionary\">vehicle<\/span> <span class=\"dictionary\">operator<\/span>, either make full payment to the <span class=\"dictionary\">Department<\/span> of the civil <span class=\"dictionary\">penalty<\/span>, liquidated <span class=\"dictionary\">damages<\/span>, weighing fee, and processing fee as stated on the <span class=\"dictionary\">citation<\/span>, or deliver to the <span class=\"dictionary\">Department<\/span> a written notice of his election to contest the overweight charge in <span class=\"dictionary\">court<\/span>. <a id=\"paragraph-246192\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Failure of the <span class=\"dictionary\">owner<\/span>, <span class=\"dictionary\">operator<\/span>, or other person charged with the weight violation to timely deliver to the <span class=\"dictionary\">Department<\/span> either payment in full of the uncontested civil <span class=\"dictionary\">penalty<\/span>, liquidated <span class=\"dictionary\">damages<\/span>, weighing fee, and processing fee or a notice of contest of the weight violation shall cause the <span class=\"dictionary\">Department<\/span> to <span class=\"dictionary\">issue<\/span> an administrative <span class=\"dictionary\">order<\/span> of assessment against such person. A copy of the <span class=\"dictionary\">order<\/span> shall be sent by first-class mail to the person charged with the weight violation. Any such administrative <span class=\"dictionary\">order<\/span> shall have the same effect as a <span class=\"dictionary\">judgment<\/span> for liquidated <span class=\"dictionary\">damages<\/span> entered by a general district <span class=\"dictionary\">court<\/span>. <a id=\"paragraph-246193\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> Upon timely receipt of a notice of contest of an overweight charge, the <span class=\"dictionary\">Department<\/span> shall:\n\t\t\ta. Forward the <span class=\"dictionary\">citation<\/span> to the general district <span class=\"dictionary\">court<\/span> named in the <span class=\"dictionary\">citation<\/span>, and\n\t\t\tb. Send by first-class mail to the person charged with the weight violation, and to the officer or size and weight compliance <span class=\"dictionary\">agent<\/span> who issued the <span class=\"dictionary\">citation<\/span>, confirmation that the <span class=\"dictionary\">citation<\/span> has been forwarded to the <span class=\"dictionary\">court<\/span> for <span class=\"dictionary\">trial<\/span>. <a id=\"paragraph-246194\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> Notices and <span class=\"dictionary\">pleadings<\/span> may be served by first-class mail sent to the address shown on the <span class=\"dictionary\">citation<\/span> as the address of the person charged with the weight violation or, if none is shown, to the address of record for the person to whom the <span class=\"dictionary\">vehicle<\/span> is registered. <a id=\"paragraph-246195\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> An alleged weight violation which is contested shall be tried as a civil case. The attorney for the Commonwealth shall represent the interests of the Commonwealth. The <span class=\"dictionary\">disposition<\/span> of the case shall be recorded in an appropriate <span class=\"dictionary\">order<\/span>, a copy of which shall be sent to the <span class=\"dictionary\">Department<\/span> in lieu of any record which may be otherwise required by &#xA7; <a class=\"law\" title=\"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk&#039;s fee for reports\" href=\"\/46.2-383\/\">46.2-383<\/a>. If <span class=\"dictionary\">judgment<\/span> is for the Commonwealth, payment shall be made to the <span class=\"dictionary\">Department<\/span>. <a id=\"paragraph-246196\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> Notwithstanding any other provisions of this section, any and all <span class=\"dictionary\">citations<\/span> and notices required by this section to be provided to the person charged with a violation or received from the person charged with a violation, with the exclusion of the <span class=\"dictionary\">citation<\/span> as set out in subdivision 1, may be served or provided in an electronic manner if the <span class=\"dictionary\">Department<\/span> and the person charged with the violation have agreed to utilize electronic notification. <a id=\"paragraph-246197\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1133\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSPECIAL PROCESSING PROVISIONS FOR OVERWEIGHT VIOLATIONS (\u00a7 46.2-1133)\n\nNotwithstanding any other provision of law, all violations of any weight limit\nas provided in this article or any permit issued by either the Department or its\ndesignee or by local authorities pursuant to this chapter shall be processed in\nthe following manner:\n\n1. The officer or size and weight compliance agent charging the violation shall\nserve a citation on the operator of the overweight vehicle. The citation shall\nbe directed to the owner, operator, or other person responsible for the\noverweight violation as determined by the officer or size and weight compliance\nagent. Service of the citation on the vehicle operator shall constitute service\nof process upon the owner, operator, or other person charged with the weight\nviolation as provided in &#xA7; 46.2-1136.\n\n2. The officer or size and weight compliance agent charging the violation shall\ncause the citation to be delivered or mailed by first-class mail to the\nDepartment within 24 hours after it is served.\n\n3. The owner, operator, or other person charged with the weight violation shall,\nwithin 21 days after the citation is served upon the vehicle operator, either\nmake full payment to the Department of the civil penalty, liquidated damages,\nweighing fee, and processing fee as stated on the citation, or deliver to the\nDepartment a written notice of his election to contest the overweight charge in\ncourt.\n\n4. Failure of the owner, operator, or other person charged with the weight\nviolation to timely deliver to the Department either payment in full of the\nuncontested civil penalty, liquidated damages, weighing fee, and processing fee\nor a notice of contest of the weight violation shall cause the Department to\nissue an administrative order of assessment against such person. A copy of the\norder shall be sent by first-class mail to the person charged with the weight\nviolation. Any such administrative order shall have the same effect as a\njudgment for liquidated damages entered by a general district court.\n\n5. Upon timely receipt of a notice of contest of an overweight charge, the\nDepartment shall:\n\t\t\ta. Forward the citation to the general district court named in the citation,\nand\n\t\t\tb. Send by first-class mail to the person charged with the weight violation,\nand to the officer or size and weight compliance agent who issued the citation,\nconfirmation that the citation has been forwarded to the court for trial.\n\n6. Notices and pleadings may be served by first-class mail sent to the address\nshown on the citation as the address of the person charged with the weight\nviolation or, if none is shown, to the address of record for the person to whom\nthe vehicle is registered.\n\n7. An alleged weight violation which is contested shall be tried as a civil\ncase. The attorney for the Commonwealth shall represent the interests of the\nCommonwealth. The disposition of the case shall be recorded in an appropriate\norder, a copy of which shall be sent to the Department in lieu of any record\nwhich may be otherwise required by &#xA7; 46.2-383. If judgment is for the\nCommonwealth, payment shall be made to the Department.\n\n8. Notwithstanding any other provisions of this section, any and all citations\nand notices required by this section to be provided to the person charged with a\nviolation or received from the person charged with a violation, with the\nexclusion of the citation as set out in subdivision 1, may be served or provided\nin an electronic manner if the Department and the person charged with the\nviolation have agreed to utilize electronic notification.\n\nHISTORY: 1986, c. 588, \u00a7 46.1-341.02; 1987, c. 372; 1989, c. 727; 2003, c. 314;\n2011, cc. 62, 73.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}