                                 CODE OF VIRGINIA

SPECIAL OVERWEIGHT SEIZURE PROVISIONS; PENALTY (§ 46.2-1134)

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.
		After 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 §
46.2-1131.
		The 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 § 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 § 8.01-554.
		In 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.
		Whenever 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.
		Upon 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.
		When 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.
		All 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.
		Police 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.

HISTORY: 1986, c. 588, § 46.1-341.03; 1987, c. 372; 1989, c. 727; 2011, cc. 62,
73.