{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1138.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1138.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1138.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1138.html"}],"law_id":56637,"edition_id":1,"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ordinances fixing weight limits on roads that have been withdrawn from secondary system","history":"1989, c. 727.","full_text":"A\n\nThe governing bodies of Arlington and Henrico Counties may adopt ordinances providing weight limits in accordance with the weight limits established by &#xA7;&#xA7; 46.2-1123 through 46.2-1127 for any vehicle or combination of vehicles passing over any such highway under the county&#8217;s jurisdiction. Any such ordinance shall provide for the assessment of liquidated damages as to overweight vehicles at rates and amounts not exceeding those applicable to the liquidated damages under &#xA7; 46.2-1135.B\n\nSuch ordinances may also 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 is provided in the ordinance;2\n\nThe assessment shall be entered by the court as a judgment for such county;3\n\nThe entry of such judgment shall constitute a lien upon the overweight vehicles;4\n\nSuch sums shall be paid into the treasury of such county, and allocated to the fund appropriated by such county for the construction and maintenance of such roads under its jurisdiction.C\n\nSuch ordinances may include additional provisions relating to payment of such assessment and enforcement powers applicable to such county 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 the weighing fees collected pursuant to such ordinances shall be paid to the county, and the county attorney or his designee shall represent the county in any court proceeding.","order_by":null,"text":{"0":{"id":207248,"text":"The governing bodies of Arlington and Henrico Counties may adopt ordinances providing weight limits in accordance with the weight limits established by &#xA7;&#xA7; 46.2-1123 through 46.2-1127 for any vehicle or combination of vehicles passing over any such highway under the county&#8217;s jurisdiction. Any such ordinance shall provide for the assessment of liquidated damages as to overweight vehicles at rates and amounts not exceeding those applicable to the liquidated damages under &#xA7; 46.2-1135.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207249,"text":"Such ordinances may also provide that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":207250,"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 is provided in the ordinance;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":207251,"text":"The assessment shall be entered by the court as a judgment for such county;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":207252,"text":"The entry of such judgment shall constitute a lien upon the overweight vehicles;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":207253,"text":"Such sums shall be paid into the treasury of such county, and allocated to the fund appropriated by such county for the construction and maintenance of such roads under its jurisdiction.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":207254,"text":"Such ordinances may include additional provisions relating to payment of such assessment and enforcement powers applicable to such county 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 the weighing fees collected pursuant to such ordinances shall be paid to the county, and the county attorney or his designee shall represent the county in any court proceeding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4"}},"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":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},"next_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\/","history_text":"<p>This law was first created in 1989. The record of its establishment is cataloged in chapter 727 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 1989 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":73274,"section_number":"46.2-1131","catch_line":"Penalty for violation of weight limits","order_by":null,"url":"\/46.2-1131\/"},{"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\/"}],"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":228979,"object_type":"law","relational_id":56637,"identifier":"46.2-1138","token":"46.2\/III\/10\/17\/46.2-1138","url":"\/46.2-1138\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1138\/","token":"46.2\/III\/10\/17\/46.2-1138","dublin_core":{"Title":"County ordinances fixing weight limits on roads that have been withdrawn from secondary system","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1138","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The governing bodies of Arlington and Henrico Counties may adopt <span class=\"dictionary\">ordinances<\/span> providing weight limits in accordance with the weight limits established by &#xA7;&#xA7; <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 such <span class=\"dictionary\">highway<\/span> under the county&#8217;s <span class=\"dictionary\">jurisdiction<\/span>. Any such <span class=\"dictionary\">ordinance<\/span> shall provide for the assessment of liquidated <span class=\"dictionary\">damages<\/span> as to overweight <span class=\"dictionary\">vehicles<\/span> at rates and amounts not exceeding those applicable to the liquidated <span class=\"dictionary\">damages<\/span> under &#xA7; <a class=\"law\" title=\"(Contingent effective date -- see note*) Liquidated damages for violation of weight limits\" href=\"\/46.2-1135\/\">46.2-1135<\/a>. <a id=\"paragraph-207248\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138\/#A\"><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 also provide that: <a id=\"paragraph-207249\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" 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 is provided in the <span class=\"dictionary\">ordinance<\/span>; <a id=\"paragraph-207250\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" 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 county; <a id=\"paragraph-207251\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" 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\">vehicles<\/span>; <a id=\"paragraph-207252\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Such sums shall be paid into the treasury of such county, and allocated to the fund appropriated by such county for the construction and maintenance of such roads under its <span class=\"dictionary\">jurisdiction<\/span>. <a id=\"paragraph-207253\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Such <span class=\"dictionary\">ordinances<\/span> may include additional provisions relating to payment of such assessment and enforcement powers applicable to such county 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 the weighing fees collected pursuant to such <span class=\"dictionary\">ordinances<\/span> shall be paid to the county, and the county attorney or his designee shall represent the county in any <span class=\"dictionary\">court<\/span> proceeding. <a id=\"paragraph-207254\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1138\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOUNTY ORDINANCES FIXING WEIGHT LIMITS ON ROADS THAT HAVE BEEN WITHDRAWN FROM\nSECONDARY SYSTEM (\u00a7 46.2-1138)\n\nA. The governing bodies of Arlington and Henrico Counties may adopt ordinances\nproviding weight limits in accordance with the weight limits established by\n&#xA7;&#xA7; 46.2-1123 through 46.2-1127 for any vehicle or combination of\nvehicles passing over any such highway under the county&#8217;s jurisdiction.\nAny such ordinance shall provide for the assessment of liquidated damages as to\noverweight vehicles at rates and amounts not exceeding those applicable to the\nliquidated damages under &#xA7; 46.2-1135.\n\nB. Such ordinances may also 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 is provided in the\n   ordinance;\n\n   2. The assessment shall be entered by the court as a judgment for such county;\n\n   3. The entry of such judgment shall constitute a lien upon the overweight\n   vehicles;\n\n   4. Such sums shall be paid into the treasury of such county, and allocated to\n   the fund appropriated by such county for the construction and maintenance of\n   such roads under its jurisdiction.\n\nC. Such ordinances may include additional provisions relating to payment of such\nassessment and enforcement powers applicable to such county and corresponding to\nthe provisions of &#xA7;&#xA7; 46.2-1131, 46.2-1133, 46.2-1134, and 46.2-1135,\nexcept that civil penalties, liquidated damages, and the weighing fees collected\npursuant to such ordinances shall be paid to the county, and the county attorney\nor his designee shall represent the county in any court proceeding.\n\nHISTORY: 1989, c. 727.","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}}