{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1134.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1134.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1134.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1134.html"}],"law_id":58537,"edition_id":1,"section_id":58537,"structure_id":13887,"section_number":"46.2-1134","catch_line":"Special overweight seizure provisions; penalty","history":"1986, c. 588, \u00a7 46.1-341.03; 1987, c. 372; 1989, c. 727; 2011, cc. 62, 73.","full_text":"Any officer or size and weight compliance agent authorized to serve process or weigh vehicles under the provisions of this chapter may hold an overweight vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle.\n\t\tAfter finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the liquidated damages, civil penalty, weighing fee, and processing fee, or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer who shall transmit the citation, liquidated damages, civil penalty, weighing fee, and processing fee to the Department for distribution in accordance with \u00a7 46.2-1131.\n\t\tThe Commonwealth shall not be required to post bond in order to attach a vehicle pursuant to this section. The officer or size and weight compliance agent authorized to hold the overweight vehicle pending a hearing on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with \u00a7 8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in \u00a7 8.01-554.\n\t\tIn the event the civil penalty, liquidated damages, weighing fee, and processing fee are not paid in full, or no bond is given by or for the person charged with the weight violation, the vehicle involved in the weight violation shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer or size and weight compliance agent executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle.\n\t\tWhenever an attachment summons is issued for a weight violation, the court shall forward to the Department both a copy of the order disposing of the case and the weight violation citation prepared by the officer or size and weight compliance agent but not served.\n\t\tUpon notification of the judgment or administrative order entered for such weight violation and notification of the failure of such person to satisfy the judgment or order, the Department or the Department of State Police or any law-enforcement officer or size and weight compliance agent shall thereafter deny the offending person the right to operate a motor vehicle or vehicles upon the highways of the Commonwealth until the judgment or order has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.\n\t\tWhen informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor.\n\t\tAll costs incurred by the Commonwealth and all judgments, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which liquidated damages are paid.\n\t\tPolice officers of the Department of State Police and all other law-enforcement officers are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws of the Commonwealth.","order_by":null,"text":{"0":{"id":214543,"text":"Any officer or size and weight compliance agent authorized to serve process or weigh vehicles under the provisions of this chapter may hold an overweight vehicle without an attachment summons or court order, but only for such time as is reasonably necessary to promptly petition for an attachment summons to attach the vehicle.\n\t\tAfter finding reasonable cause for the issuance of an attachment summons, the judicial officer conducting the hearing shall inform the operator of the vehicle of his option to either pay the liquidated damages, civil penalty, weighing fee, and processing fee, or contest the charge through the attachment proceeding. If the operator chooses to make payment, he shall do so to the judicial officer who shall transmit the citation, liquidated damages, civil penalty, weighing fee, and processing fee to the Department for distribution in accordance with \u00a7 46.2-1131.\n\t\tThe Commonwealth shall not be required to post bond in order to attach a vehicle pursuant to this section. The officer or size and weight compliance agent authorized to hold the overweight vehicle pending a hearing on the attachment petition shall also be empowered to execute the attachment summons if issued. Any bond for the retention of the vehicle or for release of the attachment shall be given in accordance with \u00a7 8.01-553 except that the bond shall be taken by a judicial officer. The judicial officer shall return the bond to the clerk of the appropriate court in place of the officer serving the attachment as otherwise provided in \u00a7 8.01-554.\n\t\tIn the event the civil penalty, liquidated damages, weighing fee, and processing fee are not paid in full, or no bond is given by or for the person charged with the weight violation, the vehicle involved in the weight violation shall be stored in a secure place, as may be designated by the owner or operator of the vehicle. If no place is designated, the officer or size and weight compliance agent executing the attachment summons shall designate the place of storage. The owner or operator shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the owner or operator of the vehicle.\n\t\tWhenever an attachment summons is issued for a weight violation, the court shall forward to the Department both a copy of the order disposing of the case and the weight violation citation prepared by the officer or size and weight compliance agent but not served.\n\t\tUpon notification of the judgment or administrative order entered for such weight violation and notification of the failure of such person to satisfy the judgment or order, the Department or the Department of State Police or any law-enforcement officer or size and weight compliance agent shall thereafter deny the offending person the right to operate a motor vehicle or vehicles upon the highways of the Commonwealth until the judgment or order has been satisfied and a reinstatement fee of $50 has been paid to the Department. Reinstatement fees collected under the provisions of this section shall be paid by the Commissioner into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the Department.\n\t\tWhen informed that the right to operate the motor vehicle has been denied, the driver shall drive the motor vehicle to a nearby location off the public highways and not move it or permit it to be moved until such judgment or order has been satisfied. Failure by the driver to comply with this provision shall constitute a Class 4 misdemeanor.\n\t\tAll costs incurred by the Commonwealth and all judgments, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which liquidated damages are paid.\n\t\tPolice officers of the Department of State Police and all other law-enforcement officers are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal laws of the Commonwealth.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1134\/","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 3 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 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":77591,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"}],"refers_to":[{"id":73274,"section_number":"46.2-1131","catch_line":"Penalty for violation of weight limits","order_by":null,"url":"\/46.2-1131\/"},{"id":64400,"section_number":"8.01-553","catch_line":"Bonds for retention of property or release of attachment; revising bonds mentioned in this and \u00a7 8.01-551","order_by":null,"url":"\/8.01-553\/"},{"id":76308,"section_number":"8.01-554","catch_line":"Where bond returned and filed; exceptions to bond","order_by":null,"url":"\/8.01-554\/"}],"permalink":{"id":228963,"object_type":"law","relational_id":58537,"identifier":"46.2-1134","token":"46.2\/III\/10\/17\/46.2-1134","url":"\/46.2-1134\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1134\/","token":"46.2\/III\/10\/17\/46.2-1134","dublin_core":{"Title":"Special overweight seizure provisions; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1134","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any officer or size and weight compliance <span class=\"dictionary\">agent<\/span> authorized to serve process or weigh <span class=\"dictionary\">vehicles<\/span> under the provisions of this chapter may hold an overweight vehicle without an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> or <span class=\"dictionary\">court order<\/span>, but only for such time as is reasonably necessary to promptly <span class=\"dictionary\">petition<\/span> for an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> to attach the vehicle.\n\t\tAfter <span class=\"dictionary\">finding<\/span> reasonable cause for the issuance of an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span>, the judicial officer conducting the <span class=\"dictionary\">hearing<\/span> shall inform the <span class=\"dictionary\">operator<\/span> of the vehicle of his option to either pay the liquidated <span class=\"dictionary\">damages<\/span>, civil <span class=\"dictionary\">penalty<\/span>, weighing fee, and processing fee, or contest the charge through the <span class=\"dictionary\">attachment<\/span> proceeding. If the <span class=\"dictionary\">operator<\/span> chooses to make payment, he shall do so to the judicial officer who shall transmit the <span class=\"dictionary\">citation<\/span>, liquidated <span class=\"dictionary\">damages<\/span>, civil <span class=\"dictionary\">penalty<\/span>, weighing fee, and processing fee to the <span class=\"dictionary\">Department<\/span> for distribution in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Penalty for violation of weight limits\" href=\"\/46.2-1131\/\">46.2-1131<\/a>.\n\t\tThe Commonwealth shall not be required to post <span class=\"dictionary\">bond<\/span> in order to attach a vehicle pursuant to this section. The officer or size and weight compliance <span class=\"dictionary\">agent<\/span> authorized to hold the overweight vehicle pending a <span class=\"dictionary\">hearing<\/span> on the <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">petition<\/span> shall also be empowered to execute the <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> if issued. Any <span class=\"dictionary\">bond<\/span> for the retention of the vehicle or for release of the <span class=\"dictionary\">attachment<\/span> shall be given in accordance with \u00a7&nbsp;<a class=\"law\" title=\"Bonds for retention of property or release of attachment; revising bonds mentioned in this and \u00a7 8.01-551\" href=\"\/8.01-553\/\">8.01-553<\/a> except that the <span class=\"dictionary\">bond<\/span> shall be taken by a judicial officer. The judicial officer shall return the <span class=\"dictionary\">bond<\/span> to the clerk of the appropriate court in place of the officer serving the <span class=\"dictionary\">attachment<\/span> as otherwise provided in \u00a7&nbsp;<a class=\"law\" title=\"Where bond returned and filed; exceptions to bond\" href=\"\/8.01-554\/\">8.01-554<\/a>.\n\t\tIn the event the civil <span class=\"dictionary\">penalty<\/span>, liquidated <span class=\"dictionary\">damages<\/span>, weighing fee, and processing fee are not paid in full, or no <span class=\"dictionary\">bond<\/span> is given by or for the person charged with the weight violation, the vehicle involved in the weight violation shall be stored in a secure place, as may be designated by the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> of the vehicle. If no place is designated, the officer or size and weight compliance <span class=\"dictionary\">agent<\/span> executing the <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> shall designate the place of storage. The <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> shall be afforded the right of unloading and removing the cargo from the vehicle. The risk and cost of the storage shall be borne by the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> of the vehicle.\n\t\tWhenever an <span class=\"dictionary\">attachment<\/span> <span class=\"dictionary\">summons<\/span> is issued for a weight violation, the court shall forward to the <span class=\"dictionary\">Department<\/span> both a copy of the order disposing of the case and the weight violation <span class=\"dictionary\">citation<\/span> prepared by the officer or size and weight compliance <span class=\"dictionary\">agent<\/span> but not served.\n\t\tUpon notification of the <span class=\"dictionary\">judgment<\/span> or administrative order entered for such weight violation and notification of the failure of such person to satisfy the <span class=\"dictionary\">judgment<\/span> or order, the <span class=\"dictionary\">Department<\/span> or the <span class=\"dictionary\">Department<\/span> of State Police or any <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officer<\/span> or size and weight compliance <span class=\"dictionary\">agent<\/span> shall thereafter deny the offending person the right to operate a <span class=\"dictionary\">motor vehicle<\/span> or <span class=\"dictionary\">vehicles<\/span> upon the <span class=\"dictionary\"><span class=\"dictionary\">highways<\/span><\/span> of the Commonwealth until the <span class=\"dictionary\">judgment<\/span> or order has been satisfied and a reinstatement fee of $50 has been paid to the <span class=\"dictionary\">Department<\/span>. Reinstatement fees collected under the provisions of this section shall be paid by the <span class=\"dictionary\">Commissioner<\/span> into the state treasury and shall be set aside as a special fund to be used to meet the expenses of the <span class=\"dictionary\">Department<\/span>.\n\t\tWhen informed that the right to operate the <span class=\"dictionary\">motor vehicle<\/span> has been denied, the <span class=\"dictionary\">driver<\/span> shall drive the <span class=\"dictionary\">motor vehicle<\/span> to a nearby location off the public <span class=\"dictionary\"><span class=\"dictionary\">highways<\/span><\/span> and not move it or permit it to be moved until such <span class=\"dictionary\">judgment<\/span> or order has been satisfied. Failure by the <span class=\"dictionary\">driver<\/span> to comply with this provision shall constitute a Class 4 <span class=\"dictionary\">misdemeanor<\/span>.\n\t\tAll costs incurred by the Commonwealth and all <span class=\"dictionary\">judgments<\/span>, if any, against the Commonwealth due to action taken pursuant to this section shall be paid from the fund into which liquidated <span class=\"dictionary\">damages<\/span> are paid.\n\t\tPolice officers of the <span class=\"dictionary\">Department<\/span> of State Police and all other <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officers<\/span> are vested with the same powers with respect to the enforcement of this chapter as they have with respect to the enforcement of the criminal <span class=\"dictionary\">laws<\/span> of the Commonwealth.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSPECIAL OVERWEIGHT SEIZURE PROVISIONS; PENALTY (\u00a7 46.2-1134)\n\nAny officer or size and weight compliance agent authorized to serve process or\nweigh vehicles under the provisions of this chapter may hold an overweight\nvehicle without an attachment summons or court order, but only for such time as\nis reasonably necessary to promptly petition for an attachment summons to attach\nthe vehicle.\n\t\tAfter finding reasonable cause for the issuance of an attachment summons, the\njudicial officer conducting the hearing shall inform the operator of the vehicle\nof his option to either pay the liquidated damages, civil penalty, weighing fee,\nand processing fee, or contest the charge through the attachment proceeding. If\nthe operator chooses to make payment, he shall do so to the judicial officer who\nshall transmit the citation, liquidated damages, civil penalty, weighing fee,\nand processing fee to the Department for distribution in accordance with \u00a7\n46.2-1131.\n\t\tThe Commonwealth shall not be required to post bond in order to attach a\nvehicle pursuant to this section. The officer or size and weight compliance\nagent authorized to hold the overweight vehicle pending a hearing on the\nattachment petition shall also be empowered to execute the attachment summons if\nissued. Any bond for the retention of the vehicle or for release of the\nattachment shall be given in accordance with \u00a7 8.01-553 except that the bond\nshall be taken by a judicial officer. The judicial officer shall return the bond\nto the clerk of the appropriate court in place of the officer serving the\nattachment as otherwise provided in \u00a7 8.01-554.\n\t\tIn the event the civil penalty, liquidated damages, weighing fee, and\nprocessing fee are not paid in full, or no bond is given by or for the person\ncharged with the weight violation, the vehicle involved in the weight violation\nshall be stored in a secure place, as may be designated by the owner or operator\nof the vehicle. If no place is designated, the officer or size and weight\ncompliance agent executing the attachment summons shall designate the place of\nstorage. The owner or operator shall be afforded the right of unloading and\nremoving the cargo from the vehicle. The risk and cost of the storage shall be\nborne by the owner or operator of the vehicle.\n\t\tWhenever an attachment summons is issued for a weight violation, the court\nshall forward to the Department both a copy of the order disposing of the case\nand the weight violation citation prepared by the officer or size and weight\ncompliance agent but not served.\n\t\tUpon notification of the judgment or administrative order entered for such\nweight violation and notification of the failure of such person to satisfy the\njudgment or order, the Department or the Department of State Police or any\nlaw-enforcement officer or size and weight compliance agent shall thereafter\ndeny the offending person the right to operate a motor vehicle or vehicles upon\nthe highways of the Commonwealth until the judgment or order has been satisfied\nand a reinstatement fee of $50 has been paid to the Department. Reinstatement\nfees collected under the provisions of this section shall be paid by the\nCommissioner into the state treasury and shall be set aside as a special fund to\nbe used to meet the expenses of the Department.\n\t\tWhen informed that the right to operate the motor vehicle has been denied, the\ndriver shall drive the motor vehicle to a nearby location off the public\nhighways and not move it or permit it to be moved until such judgment or order\nhas been satisfied. Failure by the driver to comply with this provision shall\nconstitute a Class 4 misdemeanor.\n\t\tAll costs incurred by the Commonwealth and all judgments, if any, against the\nCommonwealth due to action taken pursuant to this section shall be paid from the\nfund into which liquidated damages are paid.\n\t\tPolice officers of the Department of State Police and all other\nlaw-enforcement officers are vested with the same powers with respect to the\nenforcement of this chapter as they have with respect to the enforcement of the\ncriminal laws of the Commonwealth.\n\nHISTORY: 1986, c. 588, \u00a7 46.1-341.03; 1987, c. 372; 1989, c. 727; 2011, cc. 62,\n73.","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}}