{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1138.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1138.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1138.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1138.2.html"}],"law_id":83960,"edition_id":1,"section_id":83960,"structure_id":13887,"section_number":"46.2-1138.2","catch_line":"Town ordinances concerning weight limits on certain roads","history":"1993, c. 511.","full_text":"A\n\nThe governing body of any town that provided, on January 1, 1993, town-owned and -maintained weight scales for the purpose of enforcing the weight limits established by \u00a7\u00a7 46.2-1123 through 46.2-1127 for any vehicle or combination of vehicles passing over any roads in the town may adopt ordinances for the assessment of liquidated damages as to overweight vehicles in accordance with the liquidated damages under \u00a7 46.2-1135. Such ordinances may provide that:1\n\nUpon a finding of a violation of any weight limit prescribed therein, the court shall assess the owner, operator or other person causing the operation of such overweight vehicle at such rate and amount as may be provided in such ordinance;2\n\nThe assessment shall be entered by the court as a judgment for such town;3\n\nThe entry of such judgment shall constitute a lien upon the overweight vehicle; and4\n\nSuch sum shall be paid into the treasury of the town and allocated to the fund appropriated by the town for the construction and maintenance of roads under its jurisdiction.B\n\nSuch ordinances may include additional provisions relating to the payment of such assessment and the enforcement powers applicable to such town and corresponding to the provisions of &#xA7;&#xA7; 46.2-1131, 46.2-1133, 46.2-1134 and 46.2-1135, except that civil penalties, liquidated damages and weighing fees collected pursuant to such ordinances shall be paid to the town, and the town attorney or his designee shall represent the town in any court proceeding.","order_by":null,"text":{"0":{"id":300887,"text":"The governing body of any town that provided, on January 1, 1993, town-owned and -maintained weight scales for the purpose of enforcing the weight limits established by \u00a7\u00a7 46.2-1123 through 46.2-1127 for any vehicle or combination of vehicles passing over any roads in the town may adopt ordinances for the assessment of liquidated damages as to overweight vehicles in accordance with the liquidated damages under \u00a7 46.2-1135. Such ordinances may provide that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":300888,"text":"Upon a finding of a violation of any weight limit prescribed therein, the court shall assess the owner, operator or other person causing the operation of such overweight vehicle at such rate and amount as may be provided in such ordinance;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":300889,"text":"The assessment shall be entered by the court as a judgment for such town;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":300890,"text":"The entry of such judgment shall constitute a lien upon the overweight vehicle; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":300891,"text":"Such sum shall be paid into the treasury of the town and allocated to the fund appropriated by the town for the construction and maintenance of roads under its jurisdiction.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":300892,"text":"Such ordinances may include additional provisions relating to the payment of such assessment and the enforcement powers applicable to such town and corresponding to the provisions of &#xA7;&#xA7; 46.2-1131, 46.2-1133, 46.2-1134 and 46.2-1135, except that civil penalties, liquidated damages and weighing fees collected pursuant to such ordinances shall be paid to the town, and the town attorney or his designee shall represent the town in any court proceeding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1138.2\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 511 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 1993 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":63431,"section_number":"46.2-1123","catch_line":"Weight of vehicles and loads","order_by":null,"url":"\/46.2-1123\/"},{"id":79744,"section_number":"46.2-1127","catch_line":"Weight limits for vehicles using interstate highways","order_by":null,"url":"\/46.2-1127\/"},{"id":73274,"section_number":"46.2-1131","catch_line":"Penalty for violation of weight limits","order_by":null,"url":"\/46.2-1131\/"},{"id":67994,"section_number":"46.2-1133","catch_line":"Special processing provisions for overweight violations","order_by":null,"url":"\/46.2-1133\/"},{"id":58537,"section_number":"46.2-1134","catch_line":"Special overweight seizure provisions; penalty","order_by":null,"url":"\/46.2-1134\/"},{"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":228987,"object_type":"law","relational_id":83960,"identifier":"46.2-1138.2","token":"46.2\/III\/10\/17\/46.2-1138.2","url":"\/46.2-1138.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1138.2\/","token":"46.2\/III\/10\/17\/46.2-1138.2","dublin_core":{"Title":"Town ordinances concerning weight limits on certain roads","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1138.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">governing body<\/span> of any town that provided, on January 1, 1993, town-owned and -maintained weight scales for the purpose of enforcing the weight limits established by \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Weight of vehicles and loads\" href=\"\/46.2-1123\/\">46.2-1123<\/a> through <a class=\"law\" title=\"Weight limits for vehicles using interstate highways\" href=\"\/46.2-1127\/\">46.2-1127<\/a> for any <span class=\"dictionary\">vehicle<\/span> or combination of <span class=\"dictionary\">vehicles<\/span> passing over any roads in the town may adopt <span class=\"dictionary\">ordinances<\/span> for the assessment of liquidated <span class=\"dictionary\">damages<\/span> as to overweight <span class=\"dictionary\">vehicles<\/span> in accordance with the liquidated <span class=\"dictionary\">damages<\/span> under \u00a7&nbsp;<a class=\"law\" title=\"(Contingent effective date -- see note*) Liquidated damages for violation of weight limits\" href=\"\/46.2-1135\/\">46.2-1135<\/a>. Such <span class=\"dictionary\">ordinances<\/span> may provide that: <a id=\"paragraph-300887\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138.2\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Upon a <span class=\"dictionary\">finding<\/span> of a violation of any weight limit prescribed therein, the <span class=\"dictionary\">court<\/span> shall assess the <span class=\"dictionary\">owner<\/span>, <span class=\"dictionary\">operator<\/span> or other person causing the operation of such overweight <span class=\"dictionary\">vehicle<\/span> at such rate and amount as may be provided in such <span class=\"dictionary\">ordinance<\/span>; <a id=\"paragraph-300888\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138.2\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The assessment shall be entered by the <span class=\"dictionary\">court<\/span> as a <span class=\"dictionary\">judgment<\/span> for such town; <a id=\"paragraph-300889\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138.2\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The entry of such <span class=\"dictionary\">judgment<\/span> shall constitute a <span class=\"dictionary\">lien<\/span> upon the overweight <span class=\"dictionary\">vehicle<\/span>; and <a id=\"paragraph-300890\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138.2\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Such sum shall be paid into the treasury of the town and allocated to the fund appropriated by the town for the construction and maintenance of roads under its <span class=\"dictionary\">jurisdiction<\/span>. <a id=\"paragraph-300891\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138.2\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Such <span class=\"dictionary\">ordinances<\/span> may include additional provisions relating to the payment of such assessment and the enforcement powers applicable to such town and corresponding to the provisions of &#xA7;&#xA7; <a class=\"law\" title=\"Penalty for violation of weight limits\" href=\"\/46.2-1131\/\">46.2-1131<\/a>, <a class=\"law\" title=\"Special processing provisions for overweight violations\" href=\"\/46.2-1133\/\">46.2-1133<\/a>, <a class=\"law\" title=\"Special overweight seizure provisions; penalty\" href=\"\/46.2-1134\/\">46.2-1134<\/a> and <a class=\"law\" title=\"(Contingent effective date -- see note*) Liquidated damages for violation of weight limits\" href=\"\/46.2-1135\/\">46.2-1135<\/a>, except that civil penalties, liquidated <span class=\"dictionary\">damages<\/span> and weighing fees collected pursuant to such <span class=\"dictionary\">ordinances<\/span> shall be paid to the town, and the town attorney or his designee shall represent the town in any <span class=\"dictionary\">court<\/span> proceeding. <a id=\"paragraph-300892\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138.2\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTOWN ORDINANCES CONCERNING WEIGHT LIMITS ON CERTAIN ROADS (\u00a7 46.2-1138.2)\n\nA. The governing body of any town that provided, on January 1, 1993, town-owned\nand -maintained weight scales for the purpose of enforcing the weight limits\nestablished by \u00a7\u00a7 46.2-1123 through 46.2-1127 for any vehicle or combination\nof vehicles passing over any roads in the town may adopt ordinances for the\nassessment of liquidated damages as to overweight vehicles in accordance with\nthe liquidated damages under \u00a7 46.2-1135. Such ordinances may provide that:\n\n   1. Upon a finding of a violation of any weight limit prescribed therein, the\n   court shall assess the owner, operator or other person causing the operation\n   of such overweight vehicle at such rate and amount as may be provided in such\n   ordinance;\n\n   2. The assessment shall be entered by the court as a judgment for such town;\n\n   3. The entry of such judgment shall constitute a lien upon the overweight\n   vehicle; and\n\n   4. Such sum shall be paid into the treasury of the town and allocated to the\n   fund appropriated by the town for the construction and maintenance of roads\n   under its jurisdiction.\n\nB. Such ordinances may include additional provisions relating to the payment of\nsuch assessment and the enforcement powers applicable to such town and\ncorresponding to the provisions of &#xA7;&#xA7; 46.2-1131, 46.2-1133, 46.2-1134\nand 46.2-1135, except that civil penalties, liquidated damages and weighing fees\ncollected pursuant to such ordinances shall be paid to the town, and the town\nattorney or his designee shall represent the town in any court proceeding.\n\nHISTORY: 1993, c. 511.","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}}