                                 CODE OF VIRGINIA

(CONTINGENT EFFECTIVE DATE &#8212; SEE NOTE*) LIQUIDATED DAMAGES FOR VIOLATION
OF WEIGHT LIMITS (§ 46.2-1135)

A. Any person violating any weight limit as provided in this chapter or in any
permit issued pursuant to Article 18 (&#xA7; 46.2-1139 et seq.) of this chapter
by the Department or its designee or by local authorities pursuant to this
chapter shall be assessed liquidated damages. The amount of those damages shall
be:
			All gross permit violations shall be assessed $.20 per pound over the
permitted weight limit.
			If a person has no prior violations under the motor vehicle weight laws, and
the excess weight does not exceed 2,500 pounds, the general district court may
waive the liquidated damages against such person. Except as provided by &#xA7;
46.2-1138, such assessment shall be entered by the court or by the Department as
a judgment for the Commonwealth, the entry of which shall constitute a lien upon
the overweight vehicle. Except as provided by &#xA7; 46.2-1138, such sums shall
be paid to the Department or collected by the attorney for the Commonwealth and
forwarded to the State Treasurer and allocated to the fund appropriated for the
construction and maintenance of state highways.

B. If the gross weight of the vehicle exceeds lawful limits by at least 25
percent but no more than 50 percent, the amount of the liquidated damages shall
be two times the amount provided for in the foregoing provisions of this
section; if the gross weight of the vehicle exceeds lawful limits by more than
50 percent, the amount of the liquidated damages shall be three times the amount
provided for in the foregoing provisions of this section. The provisions of this
subsection shall not apply to pickup or panel trucks.

HISTORY: Code 1950, § 46-338.2; 1956, c. 215; 1958, cc. 541, 612, § 46.1-342;
1968, c. 184; 1974, c. 331; 1977, c. 644; 1981, c. 187; 1986, c. 588; 1987, c.
372; 1989, c. 727; 1994, c. 922; 1997, c. 479; 2001, cc. 411, 433; 2003, c. 314;
2007, c. 896.