{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1137.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1137.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1137.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1137.html"}],"law_id":68997,"edition_id":1,"section_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","history":"Code 1950, \u00a7 46-342; 1954, c. 312; 1956, c. 698; 1958, c. 541, \u00a7 46.1-347; 1972, c. 292; 1981, c. 187; 1982, c. 681; 1983, c. 577; 1986, c. 589; 1989, c. 727; 1996, c. 422; 2001, cc. 411, 433; 2002, cc. 99, 431; 2011, cc. 62, 73; 2017, c. 554.","full_text":"A\n\nFor the purposes of this section, a permanent weighing station includes any location equipped with fixed, permanent scales for weighing motor vehicles.B\n\nAny officer or size and weight compliance agent authorized to enforce the law under this title, having reason to believe that the weight of a vehicle and load is unlawful, is authorized to weigh the load and the vehicle. If the place where the vehicle is stopped is 10 road miles or less from a permanent weighing station, the officer may, and upon demand of the driver shall, require the vehicle to proceed to such station. If the distance to the nearest permanent weighing station is more than 10 road miles such vehicle may be weighed by wheel load weighers. Any driver who fails or unreasonably refuses to drive his vehicle to such permanent weighing station or such scales or wheel load weighers upon the request and direction of the officer to do so is guilty of a Class 4 misdemeanor. The penalty for such violation shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation.C\n\nAny person operating a vehicle with a gross vehicle weight or registered gross weight of more than 10,000 pounds shall drive into a permanent weighing station for inspection when directed to do so by highway signs. Any person who fails or refuses to comply with this subsection is guilty of a Class 4 misdemeanor, which shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation.D\n\nNotwithstanding the provisions of subsection C, a person instructed by a bypass system to bypass a permanent weighing station may do so unless directed to drive onto the scales for weight inspection by an officer or size and weight compliance agent pursuant to the provisions of subsection B. For purposes of this subsection, a “bypass system” means any system approved by the Commissioner that (i) communicates information about a vehicle to a permanent weighing station, (ii) is capable of receiving return communications from the permanent weighing station indicating whether the driver may bypass the weighing station or must drive onto the scales, and (iii) is capable of instructing the driver in accordance with the communication received.E\n\nIn the event the operator of a vehicle fails or unreasonably refuses to submit a vehicle required to be inspected for an inspection, where the officer has reason to believe the vehicle is overweight, the officer may use whatever reasonable means are available to have the vehicle weighed, including the employment of a tow truck to move the vehicle to the weighing area. He may also use whatever means are necessary to reload the vehicle if the load is intentionally dumped. In such a case, any expenses incurred in having the vehicle weighed may be taxed as costs to be imposed upon the operator who failed or unreasonably refused to submit his vehicle for inspection, when he has been convicted of such failure or refusal and an overweight violation. In all cases where such failure or refusal or overweight charges are dismissed or the defendant acquitted, payment shall be made from highway funds.F\n\nShould the officer or size and weight compliance agent find that the weight of any vehicle and its load is greater than that permitted by this title or that the weight of the load carried in or on such vehicle is greater than that which the vehicle is licensed to carry under the provisions of this title, he may require the driver to unload, at the nearest place where the property unloaded may be stored or transferred to another vehicle, such portion of the load as may be necessary to decrease the gross weight of the vehicle to the maximum therefor permitted by this title. Any property so unloaded shall be stored or cared for by the owner or operator of the overweight vehicle at the risk of such owner or operator.G\n\nNotwithstanding the provisions of §§ 46.2-1122 through 46.2-1127, should the officer or size and weight compliance agent find that the gross weight of the vehicle and its load is within limits permitted under this title and does not exceed the limit for which the vehicle is registered, but that the axle weight of any axle or axles of the vehicle exceeds that permitted under this title, the driver shall be allowed one hour to shift his load within or on that same vehicle in order to bring the axle weight or axle weights within proper limits. However, liquidated damages shall be assessed under § 46.2-1135 based on the weight prior to shifting the load, unless the load can be successfully shifted to bring the vehicle’s axle weight within limits permitted under this title by (i) sliding the axle or axles of the semitrailer or the fifth wheel of the tractor truck, (ii) repositioning the load if the motor vehicle is transporting off-the-road mobile construction equipment, or (iii) adjusting the load if the vehicle is operating on non-interstate highways and qualifies for weight extensions pursuant to § 46.2-1129. Such load shifting shall be performed at the site where the vehicle was weighed and found to exceed allowable axle weight limits. No such load shifting shall be allowed if such load is required to be placarded as defined in § 10.1-1450 and consists of hazardous material as defined in § 10.1-1400.H\n\nIf the driver of an overloaded vehicle is convicted, forfeits bail, or purchases an increased license as a result of such weighing, the court in addition to all other penalties shall assess and collect a weighing fee of two dollars from the owner or operator of the vehicle and shall forward such fee to the State Treasurer. Upon receipt of the fee, the State Treasurer shall allocate the same to the fund appropriated for the administration and maintenance of the Department of State Police.I\n\nIn any court or legal proceedings in which any question arises as to the calibration or accuracy of any such scales at permanent weighing stations or wheel load weighers, a certificate, executed and signed under oath by the inspector calibrating or testing such device as to its accuracy as well as to the accuracy of the test weights used in such test, and stating the date of such test, type of test and results of testing, shall be admissible when attested by one such inspector who executed and signed it as evidence of the facts therein stated and the results of such testing.","order_by":null,"text":{"0":{"id":249761,"text":"For the purposes of this section, a permanent weighing station includes any location equipped with fixed, permanent scales for weighing motor vehicles.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249762,"text":"Any officer or size and weight compliance agent authorized to enforce the law under this title, having reason to believe that the weight of a vehicle and load is unlawful, is authorized to weigh the load and the vehicle. If the place where the vehicle is stopped is 10 road miles or less from a permanent weighing station, the officer may, and upon demand of the driver shall, require the vehicle to proceed to such station. If the distance to the nearest permanent weighing station is more than 10 road miles such vehicle may be weighed by wheel load weighers. Any driver who fails or unreasonably refuses to drive his vehicle to such permanent weighing station or such scales or wheel load weighers upon the request and direction of the officer to do so is guilty of a Class 4 misdemeanor. The penalty for such violation shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249763,"text":"Any person operating a vehicle with a gross vehicle weight or registered gross weight of more than 10,000 pounds shall drive into a permanent weighing station for inspection when directed to do so by highway signs. Any person who fails or refuses to comply with this subsection is guilty of a Class 4 misdemeanor, which shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":249764,"text":"Notwithstanding the provisions of subsection C, a person instructed by a bypass system to bypass a permanent weighing station may do so unless directed to drive onto the scales for weight inspection by an officer or size and weight compliance agent pursuant to the provisions of subsection B. For purposes of this subsection, a “bypass system” means any system approved by the Commissioner that (i) communicates information about a vehicle to a permanent weighing station, (ii) is capable of receiving return communications from the permanent weighing station indicating whether the driver may bypass the weighing station or must drive onto the scales, and (iii) is capable of instructing the driver in accordance with the communication received.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":249765,"text":"In the event the operator of a vehicle fails or unreasonably refuses to submit a vehicle required to be inspected for an inspection, where the officer has reason to believe the vehicle is overweight, the officer may use whatever reasonable means are available to have the vehicle weighed, including the employment of a tow truck to move the vehicle to the weighing area. He may also use whatever means are necessary to reload the vehicle if the load is intentionally dumped. In such a case, any expenses incurred in having the vehicle weighed may be taxed as costs to be imposed upon the operator who failed or unreasonably refused to submit his vehicle for inspection, when he has been convicted of such failure or refusal and an overweight violation. In all cases where such failure or refusal or overweight charges are dismissed or the defendant acquitted, payment shall be made from highway funds.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":249766,"text":"Should the officer or size and weight compliance agent find that the weight of any vehicle and its load is greater than that permitted by this title or that the weight of the load carried in or on such vehicle is greater than that which the vehicle is licensed to carry under the provisions of this title, he may require the driver to unload, at the nearest place where the property unloaded may be stored or transferred to another vehicle, such portion of the load as may be necessary to decrease the gross weight of the vehicle to the maximum therefor permitted by this title. Any property so unloaded shall be stored or cared for by the owner or operator of the overweight vehicle at the risk of such owner or operator.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":249767,"text":"Notwithstanding the provisions of §§ 46.2-1122 through 46.2-1127, should the officer or size and weight compliance agent find that the gross weight of the vehicle and its load is within limits permitted under this title and does not exceed the limit for which the vehicle is registered, but that the axle weight of any axle or axles of the vehicle exceeds that permitted under this title, the driver shall be allowed one hour to shift his load within or on that same vehicle in order to bring the axle weight or axle weights within proper limits. However, liquidated damages shall be assessed under § 46.2-1135 based on the weight prior to shifting the load, unless the load can be successfully shifted to bring the vehicle’s axle weight within limits permitted under this title by (i) sliding the axle or axles of the semitrailer or the fifth wheel of the tractor truck, (ii) repositioning the load if the motor vehicle is transporting off-the-road mobile construction equipment, or (iii) adjusting the load if the vehicle is operating on non-interstate highways and qualifies for weight extensions pursuant to § 46.2-1129. Such load shifting shall be performed at the site where the vehicle was weighed and found to exceed allowable axle weight limits. No such load shifting shall be allowed if such load is required to be placarded as defined in § 10.1-1450 and consists of hazardous material as defined in § 10.1-1400.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":249768,"text":"If the driver of an overloaded vehicle is convicted, forfeits bail, or purchases an increased license as a result of such weighing, the court in addition to all other penalties shall assess and collect a weighing fee of two dollars from the owner or operator of the vehicle and shall forward such fee to the State Treasurer. Upon receipt of the fee, the State Treasurer shall allocate the same to the fund appropriated for the administration and maintenance of the Department of State Police.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":249769,"text":"In any court or legal proceedings in which any question arises as to the calibration or accuracy of any such scales at permanent weighing stations or wheel load weighers, a certificate, executed and signed under oath by the inspector calibrating or testing such device as to its accuracy as well as to the accuracy of the test weights used in such test, and stating the date of such test, type of test and results of testing, shall be admissible when attested by one such inspector who executed and signed it as evidence of the facts therein stated and the results of such testing.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1137\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1954, chapter 312; in 1956, chapter 698; in 1958, chapter 541; in 1972, chapter 292; in 1981, chapter 187; in 1982, chapter 681; in 1983, chapter 577; in 1986, chapter 589; in 1989, chapter 727; in 1996, chapter 422<\/a>; in 2001, chapters 411<\/a> and 433<\/a>; in 2002, chapters 99<\/a> and 431<\/a>; in 2011, chapters 62<\/a> and 73<\/a>; in 2017, chapter 554<\/a>.<\/p>","references":[{"id":61806,"section_number":"16.1-69.48","catch_line":"Fees and fines","order_by":null,"url":"\/16.1-69.48\/"},{"id":73274,"section_number":"46.2-1131","catch_line":"Penalty for violation of weight limits","order_by":null,"url":"\/46.2-1131\/"}],"refers_to":[{"id":65095,"section_number":"10.1-1450","catch_line":"Waste Management Board to promulgate regulations regarding hazardous materials","order_by":null,"url":"\/10.1-1450\/"},{"id":56026,"section_number":"46.2-1122","catch_line":"Definitions","order_by":null,"url":"\/46.2-1122\/"},{"id":79744,"section_number":"46.2-1127","catch_line":"Weight limits for vehicles using interstate highways","order_by":null,"url":"\/46.2-1127\/"},{"id":64956,"section_number":"46.2-1129","catch_line":"Further extensions of weight limits for certain vehicles hauling Virginia-grown farm or forest products","order_by":null,"url":"\/46.2-1129\/"},{"id":79786,"section_number":"46.2-1135","catch_line":"(Contingent effective date -- see note*) Liquidated damages for violation of weight limits","order_by":null,"url":"\/46.2-1135\/"}],"permalink":{"id":228975,"object_type":"law","relational_id":68997,"identifier":"46.2-1137","token":"46.2\/III\/10\/17\/46.2-1137","url":"\/46.2-1137\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1137\/","token":"46.2\/III\/10\/17\/46.2-1137","dublin_core":{"Title":"Weighing vehicles; procedure; shifting loads; unloading excess load; weighing fee; certificate as to accuracy of scales admissible in evidence; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1137","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, a permanent weighing station includes any location equipped with fixed, permanent scales for weighing motor vehicles<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any officer or size and weight compliance agent<\/span> authorized to enforce the law<\/span> under this title, having reason to believe that the weight of a vehicle<\/span> and load is unlawful, is authorized to weigh the load and the vehicle<\/span>. If the place where the vehicle<\/span> is stopped is 10 road miles or less from a permanent weighing station, the officer may, and upon demand of the driver<\/span> shall, require the vehicle<\/span> to proceed to such station. If the distance to the nearest permanent weighing station is more than 10 road miles such vehicle<\/span> may be weighed by wheel load weighers. Any driver<\/span> who fails or unreasonably refuses to drive his vehicle<\/span> to such permanent weighing station or such scales or wheel load weighers upon the request and direction of the officer to do so is guilty of a Class 4 misdemeanor<\/span>. The penalty<\/span> for such violation shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person operating a vehicle<\/span> with a gross vehicle<\/span> weight or registered gross weight<\/span> of more than 10,000 pounds shall drive into a permanent weighing station for inspection when directed to do so by highway<\/span> signs. Any person who fails or refuses to comply with this subsection is guilty of a Class 4 misdemeanor<\/span>, which shall be in addition to any other penalties prescribed for exceeding the maximum weight permitted or for any other violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection C, a person instructed by a bypass system<\/span> to bypass a permanent weighing station may do so unless directed to drive onto the scales for weight inspection by an officer or size and weight compliance agent<\/span> pursuant to the provisions of subsection B. For purposes of this subsection, a “bypass system<\/span>” means any system approved by the Commissioner<\/span> that (i) communicates information about a vehicle<\/span> to a permanent weighing station, (ii) is capable of receiving return communications from the permanent weighing station indicating whether the driver<\/span> may bypass the weighing station or must drive onto the scales, and (iii) is capable of instructing the driver<\/span> in accordance with the communication received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the event the operator<\/span> of a vehicle<\/span> fails or unreasonably refuses to submit a vehicle<\/span> required to be inspected for an inspection, where the officer has reason to believe the vehicle<\/span> is overweight, the officer may use whatever reasonable means are available to have the vehicle<\/span> weighed, including the employment of a tow truck<\/span> to move the vehicle<\/span> to the weighing area. He may also use whatever means are necessary to reload the vehicle<\/span> if the load is intentionally dumped. In such a case, any expenses incurred in having the vehicle<\/span> weighed may be taxed as costs to be imposed upon the operator<\/span> who failed or unreasonably refused to submit his vehicle<\/span> for inspection, when he has been convicted of such failure or refusal and an overweight violation. In all cases where such failure or refusal or overweight charges are dismissed or the defendant<\/span> acquitted, payment shall be made from highway<\/span> funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Should the officer or size and weight compliance agent<\/span> find that the weight of any vehicle<\/span> and its load is greater than that permitted by this title or that the weight of the load carried in or on such vehicle<\/span> is greater than that which the vehicle<\/span> is licensed to carry under the provisions of this title, he may require the driver<\/span> to unload, at the nearest place where the property unloaded may be stored or transferred to another vehicle<\/span>, such portion of the load as may be necessary to decrease the gross weight<\/span> of the vehicle<\/span> to the maximum therefor permitted by this title. Any property so unloaded shall be stored or cared for by the owner<\/span> or operator<\/span> of the overweight vehicle<\/span> at the risk of such owner<\/span> or operator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding the provisions of §§ 46.2-1122<\/a> through 46.2-1127<\/a>, should the officer or size and weight compliance agent<\/span> find that the gross weight<\/span> of the vehicle and its load is within limits permitted under this title and does not exceed the limit for which the vehicle is registered, but that the axle weight of any axle or axles of the vehicle exceeds that permitted under this title, the driver<\/span> shall be allowed one hour to shift his load within or on that same vehicle in order<\/span> to bring the axle weight or axle weights within proper limits. However, liquidated damages<\/span> shall be assessed under § 46.2-1135<\/a> based on the weight prior to shifting the load, unless the load can be successfully shifted to bring the vehicle’s axle weight within limits permitted under this title by (i) sliding the axle or axles of the semitrailer<\/span> or the fifth wheel of the tractor truck<\/span>, (ii) repositioning the load if the motor vehicle<\/span> is transporting off-the-road mobile construction equipment, or (iii) adjusting the load if the vehicle is operating on non-interstate highways<\/span><\/span> and qualifies for weight extensions pursuant to § 46.2-1129<\/a>. Such load shifting shall be performed at the site where the vehicle was weighed and found to exceed allowable axle weight limits. No such load shifting shall be allowed if such load is required to be placarded as defined in § 10.1-1450<\/a> and consists of hazardous material<\/span> as defined in § 10.1-1400<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the driver<\/span> of an overloaded vehicle is convicted, forfeits bail<\/span>, or purchases an increased license as a result of such weighing, the court<\/span> in addition to all other penalties shall assess and collect a weighing fee of two dollars from the owner<\/span> or operator<\/span> of the vehicle and shall forward such fee to the State Treasurer. Upon receipt of the fee, the State Treasurer shall allocate the same to the fund appropriated for the administration and maintenance of the Department<\/span> of State Police. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In any court<\/span> or legal proceedings in which any question arises as to the calibration or accuracy of any such scales at permanent weighing stations or wheel load weighers, a certificate, executed and signed under oath<\/span> by the inspector calibrating or testing such device as to its accuracy as well as to the accuracy of the test weights used in such test, and stating the date of such test, type of test and results of testing, shall be admissible<\/span> when attested by one such inspector who executed and signed it as evidence<\/span> of the facts<\/span> therein stated and the results of such testing. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWEIGHING VEHICLES; PROCEDURE; SHIFTING LOADS; UNLOADING EXCESS LOAD; WEIGHING\nFEE; CERTIFICATE AS TO ACCURACY OF SCALES ADMISSIBLE IN EVIDENCE; PENALTIES (\u00a7\n46.2-1137)\n\nA. For the purposes of this section, a permanent weighing station includes any\nlocation equipped with fixed, permanent scales for weighing motor vehicles.\n\nB. Any officer or size and weight compliance agent authorized to enforce the law\nunder this title, having reason to believe that the weight of a vehicle and load\nis unlawful, is authorized to weigh the load and the vehicle. If the place where\nthe vehicle is stopped is 10 road miles or less from a permanent weighing\nstation, the officer may, and upon demand of the driver shall, require the\nvehicle to proceed to such station. If the distance to the nearest permanent\nweighing station is more than 10 road miles such vehicle may be weighed by wheel\nload weighers. Any driver who fails or unreasonably refuses to drive his vehicle\nto such permanent weighing station or such scales or wheel load weighers upon\nthe request and direction of the officer to do so is guilty of a Class 4\nmisdemeanor. The penalty for such violation shall be in addition to any other\npenalties prescribed for exceeding the maximum weight permitted or for any other\nviolation.\n\nC. Any person operating a vehicle with a gross vehicle weight or registered\ngross weight of more than 10,000 pounds shall drive into a permanent weighing\nstation for inspection when directed to do so by highway signs. Any person who\nfails or refuses to comply with this subsection is guilty of a Class 4\nmisdemeanor, which shall be in addition to any other penalties prescribed for\nexceeding the maximum weight permitted or for any other violation.\n\nD. Notwithstanding the provisions of subsection C, a person instructed by a\nbypass system to bypass a permanent weighing station may do so unless directed\nto drive onto the scales for weight inspection by an officer or size and weight\ncompliance agent pursuant to the provisions of subsection B. For purposes of\nthis subsection, a “bypass system” means any system approved by the\nCommissioner that (i) communicates information about a vehicle to a permanent\nweighing station, (ii) is capable of receiving return communications from the\npermanent weighing station indicating whether the driver may bypass the weighing\nstation or must drive onto the scales, and (iii) is capable of instructing the\ndriver in accordance with the communication received.\n\nE. In the event the operator of a vehicle fails or unreasonably refuses to\nsubmit a vehicle required to be inspected for an inspection, where the officer\nhas reason to believe the vehicle is overweight, the officer may use whatever\nreasonable means are available to have the vehicle weighed, including the\nemployment of a tow truck to move the vehicle to the weighing area. He may also\nuse whatever means are necessary to reload the vehicle if the load is\nintentionally dumped. In such a case, any expenses incurred in having the\nvehicle weighed may be taxed as costs to be imposed upon the operator who failed\nor unreasonably refused to submit his vehicle for inspection, when he has been\nconvicted of such failure or refusal and an overweight violation. In all cases\nwhere such failure or refusal or overweight charges are dismissed or the\ndefendant acquitted, payment shall be made from highway funds.\n\nF. Should the officer or size and weight compliance agent find that the weight\nof any vehicle and its load is greater than that permitted by this title or that\nthe weight of the load carried in or on such vehicle is greater than that which\nthe vehicle is licensed to carry under the provisions of this title, he may\nrequire the driver to unload, at the nearest place where the property unloaded\nmay be stored or transferred to another vehicle, such portion of the load as may\nbe necessary to decrease the gross weight of the vehicle to the maximum therefor\npermitted by this title. Any property so unloaded shall be stored or cared for\nby the owner or operator of the overweight vehicle at the risk of such owner or\noperator.\n\nG. Notwithstanding the provisions of §§ 46.2-1122 through 46.2-1127,\nshould the officer or size and weight compliance agent find that the gross\nweight of the vehicle and its load is within limits permitted under this title\nand does not exceed the limit for which the vehicle is registered, but that the\naxle weight of any axle or axles of the vehicle exceeds that permitted under\nthis title, the driver shall be allowed one hour to shift his load within or on\nthat same vehicle in order to bring the axle weight or axle weights within\nproper limits. However, liquidated damages shall be assessed under §\n46.2-1135 based on the weight prior to shifting the load, unless the load can be\nsuccessfully shifted to bring the vehicle’s axle weight within limits\npermitted under this title by (i) sliding the axle or axles of the semitrailer\nor the fifth wheel of the tractor truck, (ii) repositioning the load if the\nmotor vehicle is transporting off-the-road mobile construction equipment, or\n(iii) adjusting the load if the vehicle is operating on non-interstate highways\nand qualifies for weight extensions pursuant to § 46.2-1129. Such load\nshifting shall be performed at the site where the vehicle was weighed and found\nto exceed allowable axle weight limits. No such load shifting shall be allowed\nif such load is required to be placarded as defined in § 10.1-1450 and\nconsists of hazardous material as defined in § 10.1-1400.\n\nH. If the driver of an overloaded vehicle is convicted, forfeits bail, or\npurchases an increased license as a result of such weighing, the court in\naddition to all other penalties shall assess and collect a weighing fee of two\ndollars from the owner or operator of the vehicle and shall forward such fee to\nthe State Treasurer. Upon receipt of the fee, the State Treasurer shall allocate\nthe same to the fund appropriated for the administration and maintenance of the\nDepartment of State Police.\n\nI. In any court or legal proceedings in which any question arises as to the\ncalibration or accuracy of any such scales at permanent weighing stations or\nwheel load weighers, a certificate, executed and signed under oath by the\ninspector calibrating or testing such device as to its accuracy as well as to\nthe accuracy of the test weights used in such test, and stating the date of such\ntest, type of test and results of testing, shall be admissible when attested by\none such inspector who executed and signed it as evidence of the facts therein\nstated and the results of such testing.\n\nHISTORY: Code 1950, \u00a7 46-342; 1954, c. 312; 1956, c. 698; 1958, c. 541, \u00a7\n46.1-347; 1972, c. 292; 1981, c. 187; 1982, c. 681; 1983, c. 577; 1986, c. 589;\n1989, c. 727; 1996, c. 422; 2001, cc. 411, 433; 2002, cc. 99, 431; 2011, cc. 62,\n73; 2017, c. 554.","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}}