                                 CODE OF VIRGINIA

WEIGHING VEHICLES; PROCEDURE; SHIFTING LOADS; UNLOADING EXCESS LOAD; WEIGHING
FEE; CERTIFICATE AS TO ACCURACY OF SCALES ADMISSIBLE IN EVIDENCE; PENALTIES (§
46.2-1137)

A. For the purposes of this section, a permanent weighing station includes any
location equipped with fixed, permanent scales for weighing motor vehicles.

B. Any officer or size and weight compliance agent authorized to enforce the law
under this title, having reason to believe that the weight of a vehicle and load
is unlawful, is authorized to weigh the load and the vehicle. If the place where
the vehicle is stopped is 10 road miles or less from a permanent weighing
station, the officer may, and upon demand of the driver shall, require the
vehicle to proceed to such station. If the distance to the nearest permanent
weighing station is more than 10 road miles such vehicle may be weighed by wheel
load weighers. Any driver who fails or unreasonably refuses to drive his vehicle
to such permanent weighing station or such scales or wheel load weighers upon
the request and direction of the officer to do so is guilty of a Class 4
misdemeanor. The penalty for such violation shall be in addition to any other
penalties prescribed for exceeding the maximum weight permitted or for any other
violation.

C. Any person operating a vehicle with a gross vehicle weight or registered
gross weight of more than 10,000 pounds shall drive into a permanent weighing
station for inspection when directed to do so by highway signs. Any person who
fails or refuses to comply with this subsection is guilty of a Class 4
misdemeanor, which shall be in addition to any other penalties prescribed for
exceeding the maximum weight permitted or for any other violation.

D. Notwithstanding the provisions of subsection C, a person instructed by a
bypass system to bypass a permanent weighing station may do so unless directed
to drive onto the scales for weight inspection by an officer or size and weight
compliance agent pursuant to the provisions of subsection B. For purposes of
this subsection, a &#8220;bypass system&#8221; means any system approved by the
Commissioner that (i) communicates information about a vehicle to a permanent
weighing station, (ii) is capable of receiving return communications from the
permanent weighing station indicating whether the driver may bypass the weighing
station or must drive onto the scales, and (iii) is capable of instructing the
driver in accordance with the communication received.

E. In the event the operator of a vehicle fails or unreasonably refuses to
submit a vehicle required to be inspected for an inspection, where the officer
has reason to believe the vehicle is overweight, the officer may use whatever
reasonable means are available to have the vehicle weighed, including the
employment of a tow truck to move the vehicle to the weighing area. He may also
use whatever means are necessary to reload the vehicle if the load is
intentionally dumped. In such a case, any expenses incurred in having the
vehicle weighed may be taxed as costs to be imposed upon the operator who failed
or unreasonably refused to submit his vehicle for inspection, when he has been
convicted of such failure or refusal and an overweight violation. In all cases
where such failure or refusal or overweight charges are dismissed or the
defendant acquitted, payment shall be made from highway funds.

F. Should the officer or size and weight compliance agent find that the weight
of any vehicle and its load is greater than that permitted by this title or that
the weight of the load carried in or on such vehicle is greater than that which
the vehicle is licensed to carry under the provisions of this title, he may
require the driver to unload, at the nearest place where the property unloaded
may be stored or transferred to another vehicle, such portion of the load as may
be necessary to decrease the gross weight of the vehicle to the maximum therefor
permitted by this title. Any property so unloaded shall be stored or cared for
by the owner or operator of the overweight vehicle at the risk of such owner or
operator.

G. Notwithstanding the provisions of &#xA7;&#xA7; 46.2-1122 through 46.2-1127,
should the officer or size and weight compliance agent find that the gross
weight of the vehicle and its load is within limits permitted under this title
and does not exceed the limit for which the vehicle is registered, but that the
axle weight of any axle or axles of the vehicle exceeds that permitted under
this title, the driver shall be allowed one hour to shift his load within or on
that same vehicle in order to bring the axle weight or axle weights within
proper limits. However, liquidated damages shall be assessed under &#xA7;
46.2-1135 based on the weight prior to shifting the load, unless the load can be
successfully shifted to bring the vehicle&#8217;s axle weight within limits
permitted under this title by (i) sliding the axle or axles of the semitrailer
or the fifth wheel of the tractor truck, (ii) repositioning the load if the
motor vehicle is transporting off-the-road mobile construction equipment, or
(iii) adjusting the load if the vehicle is operating on non-interstate highways
and qualifies for weight extensions pursuant to &#xA7; 46.2-1129. Such load
shifting shall be performed at the site where the vehicle was weighed and found
to exceed allowable axle weight limits. No such load shifting shall be allowed
if such load is required to be placarded as defined in &#xA7; 10.1-1450 and
consists of hazardous material as defined in &#xA7; 10.1-1400.

H. If the driver of an overloaded vehicle is convicted, forfeits bail, or
purchases an increased license as a result of such weighing, the court in
addition to all other penalties shall assess and collect a weighing fee of two
dollars from the owner or operator of the vehicle and shall forward such fee to
the State Treasurer. Upon receipt of the fee, the State Treasurer shall allocate
the same to the fund appropriated for the administration and maintenance of the
Department of State Police.

I. In any court or legal proceedings in which any question arises as to the
calibration or accuracy of any such scales at permanent weighing stations or
wheel load weighers, a certificate, executed and signed under oath by the
inspector calibrating or testing such device as to its accuracy as well as to
the accuracy of the test weights used in such test, and stating the date of such
test, type of test and results of testing, shall be admissible when attested by
one such inspector who executed and signed it as evidence of the facts therein
stated and the results of such testing.

HISTORY: Code 1950, § 46-342; 1954, c. 312; 1956, c. 698; 1958, c. 541, §
46.1-347; 1972, c. 292; 1981, c. 187; 1982, c. 681; 1983, c. 577; 1986, c. 589;
1989, c. 727; 1996, c. 422; 2001, cc. 411, 433; 2002, cc. 99, 431; 2011, cc. 62,
73; 2017, c. 554.