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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58537</law_id><section_number>46.2-1134</section_number><catch_line>Special overweight seizure provisions; penalty</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>46.2-1138</reference><reference>46.2-1138.1</reference><reference>46.2-1138.2</reference><reference>46.2-217</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="46.2">Motor Vehicles</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Operation</unit><unit label="chapter" level="3" order_by="1" identifier="10">Motor Vehicle and Equipment Safety</unit><unit label="article" level="4" order_by="1" identifier="17">Maximum Vehicle Weights</unit></structure><text>
						<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.
		After <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 &#xA7;&#xA0;<a class="law" title="Penalty for violation of weight limits" href="/46.2-1131/">46.2-1131</a>.
		The 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 &#xA7;&#xA0;<a class="law" title="Bonds for retention of property or release of attachment; revising bonds mentioned in this and &#xA7; 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 &#xA7;&#xA0;<a class="law" title="Where bond returned and filed; exceptions to bond" href="/8.01-554/">8.01-554</a>.
		In 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.
		Whenever 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.
		Upon 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>.
		When 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>.
		All 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.
		Police 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></text><history>1986, c. 588, &#xA7; 46.1-341.03; 1987, c. 372; 1989, c. 727; 2011, cc. 62, 73.</history><metadata></metadata></law>
